Appeal Decision 18 - Certificate of Lawful Development.

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

12 August 2009 – 33 Burnham Green Road, Welwyn, Hertfordshire AL6 0NL

Planning Inspectorate Reference: APP/J1915/X/08/2093164

East Hertfordshire District Council Reference: 3/08/1790/CL

Summary of Case (appeal allowed):

·      The property is a two-storey detached house, on which 2x two-storey side extensions have previously been constructed, and the application was for a single storey rear extension.  Part of this extension would have projected from the rear wall of the original house, and part of it would have projected from the rear wall of the side extension. (Note: As the layout of the property is relatively unusual, please refer to the drawings for further information).

The Council’s reason for refusal included the following wording:

“Notwithstanding that the enlarged part of this detached dwelling would be a single storey enlargement extending beyond the rear wall of the existing dwelling by no more than 4 metres and not exceeding 4 metres in height, the enlarged part of the dwelling would extend in part only beyond the rear wall of the original dwellinghouse.  For this reason the proposed development does not fall within the scope of Class A, Part 1 of The Town and Country Planning (General Permitted Development) (Amendment) (No. 2) (England) Order 2008 and planning permission is therefore required.”

The Inspector disagreed with the Council.  He noted that limitation A.1(e) does not require an extension to be wholly from or, indeed, from the rear wall of the original dwellinghouse at all, only that it cannot extend ‘beyond’ the rear wall of the original dwellinghouse by more than 4m in the case of a detached house.  He noted that, in this case, no part of the enlarged dwellinghouse would project more than 4m beyond any part of the rear wall of the original dwellinghouse; nor, indeed, more than 4m beyond the rear wall of the original dwellinghouse to which it is attached – albeit attached in part.

Main Conclusion:

·      Class A, part A.1(e), which limits the projection of an extension “beyond the rear wall of the original dwellinghouse” does not in itself restrict the width of the extension to the width of the original rear wall. 

Link to case on Planning Inspectorate website:

http://www.pcs.planningportal.gov.uk/pcsportal/ViewCase.asp?casename=APP/J1915/X/08/2093164&caseaddress=COO.2036.300.8.920750

Download documents and diagrams of useful

Permitted Development information