Permitted Development England
How to build a
home extension without Planning Permission using your PD rights - Oct. 1st
2008
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Appeal Decision 172 - Certificate of Lawful Development.
[Note: There is another appeal decision for this same property – see July 2011 - Code a00258].
Summary of Case (appeal dismissed):
The property is a two-storey semi-detached house, which has previously been significantly extended. These previous extensions include a two-storey side and rear extension, with a roof that joints onto the roof of the main house. The application was for a proposed roof extension to the roof of the main house.
The key issue was whether the proposed enlargement of the roof would be contrary to Class B, part B.1(c), which states that “Development is not permitted by Class B if … the cubic content of the resulting roof space would exceed the cubic content of the original roof space by more than— (i) 40 cubic metres in the case of a terrace house, or (ii) 50 cubic metres in any other case”.
The Inspector stated the following:
“The proposed development comprises additions to an existing hipped roof to form a pitched roof incorporating three front windows and a dormer window to the rear. There are discrepancies between the existing and proposed plans that accompanied the application in relation to the roof profile of the existing dwelling. As inaccurate plans were submitted the Council considered it was not possible to determine whether the proposal would be permitted development. The Council nevertheless indicated that it is likely that the proposed loft conversion would exceed the limits of permitted development given the size of existing extensions to the property.
Class B, Part 1 of the Schedule of The Town and Country Planning (General Permitted Development) (Amendment) (No. 2) (England) Order 2008 (GPDO) permits the enlargement of a dwellinghouse consisting of an addition or alteration to its roof subject to a number of limitations. The cubic content of the resulting roof space must not exceed the cubic content of the original roof space by more than 50 cubic metres.
The property already benefits from a two storey side extension. This includes a pitched roof over the extension. It does not form part of the original roof space. The criterion specifically refers to the ‘original’ roof space and not the ‘existing’ roof space. As such, I agree with the Council that the cubic content of the roof of the existing extension should be included in the calculation to determine the resulting roof space.
Given the inaccuracies in the submitted plans I agree that it is not possible to accurately determine whether the proposals would meet the GPDO requirements. Whilst it is apparent that the discrepancy is a drafting error relating to the existing roof profile, I must determine the appeal based on those drawings determined by the Council. In any event, the appellant does not dispute that the cubic content of the roof would exceed 50 cubic metres of the original cubic content of the roof, if the existing roof extension is also taken into account”.
Main Conclusions:
·
Where there is an existing
extension with a roof that joins onto the roof of the main house, then this will reduce the volume allowance
that remains for roof extensions under Class B, part B.1(c).
·
Furthermore, even if the roof of
the existing extension doesn’t contain any dormers / rooflights / habitable rooms / etc, this will still
reduce the volume allowance that remains for roof extensions under Class B, part
B.1(c).
Links to the “Appeal Decision Notice” and other associated documents (e.g. drawings, etc):
· Appeal Decision
Notice: · Existing Floor
Plans: · Existing
Elevations: · Proposed Floor
Plans: · Proposed
Elevations:
Download documents and diagrams of useful Permitted Development information
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