Appeal Decision 17 - Certificate of Lawful Development.

The following appeal summary has been written by Steve Speed, and is available on his website www.planningjungle.com

5 August – 82 Salisbury Road, Barnet, Hertfordshire EN5 4JN  

Planning Inspectorate Reference: APP/N5090/X/08/2093057 

London Borough of Barnet Reference: B/03983/08

Summary of Case (appeal dismissed): 

·      The property is a two-storey mid-terrace house with an original rear projection consisting of a two-storey part and a single-storey part.  The application would have constructed an extension within the side infill area, which would have projected 6.6m to the end of the original single-storey rear projection, wrapping around to replace the latter. 

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 appellant argued that in this case the “rear wall of the original dwellinghouse” is the rearmost wall of the original rear projection.  The Inspector disagreed with this argument.  He considered that the reference in limitation A.1(e) to “the rear wall of the original dwellinghouse” is to the part of the wall being extended from, and that where there is an original rear projection then there is more than one original rear wall.  The proposed extension would therefore not be permitted development.

 

Main Conclusion: 

·      Where the original rear elevation of a property is stepped, the part A.1 (e) limitation on the rear projection of the extension will be similarly stepped. 

Link to case on Planning Inspectorate website: 

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Permitted Development information