Appeal Decision 216 - Certificate of Lawful Development.

February 2011 - Code a00216

Summary of Case (appeal dismissed): 

The property is a two-storey end-of-terrace house. The original design of this row of terraces is relatively unusual, and is best understood by viewing the property (e.g. via Google StreetView). In front of the two-storey main front wall, there is a projecting front porch (at one end of the front elevation), a projecting front canopy (covering the remaining width of the front elevation), and projecting ground floor front walls (enclosing the sides of the porch and canopy). The application was retrospective, and related to the erection of a front wall to infill this area so that it would become part of the ground floor lounge. 

The key issue was whether the proposed extension would be contrary to Class A, part A.1(d), which states that “Development is not permitted by Class A if … the enlarged part of the dwellinghouse would extend beyond a wall which— (i) fronts a highway, and (ii) forms either the principal elevation or a side elevation of the original 

dwellinghouse”. 

The Inspector stated the following: 

“The property is a two storey, two bedroom end terrace house with a pitched roof. On the front, a small area of flat roof extended over the main ground floor window and projected beyond the first floor elevation above. The application relates to a small ground floor extension that was erected underneath the flat roof canopy and adjacent to the front door. The extension infills the void and does not project beyond the walls to either side. 

The front extension has been added to the principal elevation of the house, which, as a matter fact, fronts a highway. The addition extends beyond the original ground floor wall and the upper wall forming the principal elevation. In my view this is the decisive point and therefore the extension is specifically excluded by the terms of A.1(d). Accordingly the development is not permitted under the provisions of Class A of Part 1 of Schedule 2 to the GPDO. It would need to gain planning permission through an express application to the local planning authority. My understanding is that at the time the LDC application was made no such permission had been granted.” 

Main Conclusions: 

·       No conclusions (because specific to this particular property) 

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

·       Appeal Decision Notice:
http://planningjungle.com/?s2member_file_download=a00216-Appeal-Decision-Notice.pdf&s2member_skip_confirmation&s2member_file_inline=yes 

·       OS Map:
http://planningjungle.com/?s2member_file_download=a00216-OS-Map.pdf&s2member_skip_confirmation&s2member_file_inline=yes 

·       Existing Drawings:
http://planningjungle.com/?s2member_file_download=a00216-Existing-Drawings.pdf&s2member_skip_confirmation&s2member_file_inline=yes 

·       Proposed Drawings:
http://planningjungle.com/?s2member_file_download=a00216-Proposed-Drawings.pdf&s2member_skip_confirmation&s2member_file_inline=yes 

·       Photo:
http://planningjungle.com/?s2member_file_download=a00216-Photo.pdf&s2member_skip_confirmation&s2member_file_inline=yes 

Download documents and diagrams of useful

Permitted Development information