Appeal Decision 163 - Certificate of Lawful Development.

November 2010 - Code a00163

Summary of Case (appeal dismissed): 

The property is a two-storey mid-terrace house with an original three-storey rear projection. The application was for an extension within the side infill area, which would have had length 6.2m matching the length of the infill area. 

The key issue was whether the proposals would be contrary to Class A, part A.1(e), which states that “development is not permitted by Class A if … the enlarged part of the dwellinghouse would … extend beyond the rear wall of the original dwellinghouse by more than … 3 metres”. 

The Inspector stated the following: 

“In August 2010, the Government published Permitted Development for Householders: Technical Guidance as an aid to the interpretation of the Order. It clarifies on page 17 of the Guidance that, where the original rear wall of a house is stepped, then each of these walls will form ‘the rear wall of the original dwelling house’; this is illustrated in accompanying diagrams. It is clear that the proposed development would extend by more than 3m from one of the rear walls of the appeal dwelling house. It would not comply with the criteria which define permitted development in the Order and therefore I conclude that the Council’s decision to refuse the application for a Lawful Development Certificate is well founded”. 

Main Conclusions: 

·       Where a property has a (part-width) original rear projection, then there will be more than one wall that constitutes “the rear wall of the original dwellinghouse” for the purposes of Class A, part A.1(e). This means that where the original rear elevation of a property is stepped, the 3m/4m rear projection limit will be similarly stepped.
[Note: This would appear to contradict at least one other appeal decision – for further information see the entry in the “Reference Section” on “The rear wall of the original dwellinghouse”].
[Relevant to: “The rear wall of the original dwellinghouse”, A.1(e), A.1(f), A.2(c)].

Links to the “Appeal Decision Notice” and other associated documents (e.g. drawings, etc): 

·       Appeal Decision Notice:
http://planningjungle.com/?s2member_file_download=a00163-Appeal-Decision-Notice.pdf&s2member_skip_confirmation&s2member_file_inline=yes 

·       OS Map:
http://planningjungle.com/?s2member_file_download=a00163-OS-Map.pdf&s2member_skip_confirmation&s2member_file_inline=yes 

·       Floor Plans:
http://planningjungle.com/?s2member_file_download=a00163-Floor-Plans.pdf&s2member_skip_confirmation&s2member_file_inline=yes 

·       Elevations:
http://planningjungle.com/?s2member_file_download=a00163-Elevations.pdf&s2member_skip_confirmation&s2member_file_inline=yes 

Download documents and diagrams of useful

Permitted Development information