Appeal Decision 229 - Certificate of Lawful
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April 2011 - Code a00229
Summary of Case (appeal
The property is a terrace
house within a conservation area, and the application was for a proposed single storey rear extension. The main
house is finished in pebbledash, and the proposed extension would be finished in white render.
The key issue was whether the
proposed extension would be contrary to Class A, part A.2(a), which states that “In the case of a dwellinghouse
on article 1(5) land, development is not permitted by Class A if … it would consist of or include the cladding
of any part of the exterior of the dwellinghouse with stone, artificial stone, pebble dash, render, timber,
plastic or tiles”.
The Inspector stated the
“The appeal site is a
terraced dwelling that is located within the Plumstead Common Conservation Area, and the application plans in
this case indicate that the external elevations of the proposed new extension would be finished in white render.
Render is one of the cladding materials whose use in conservation areas is precluded, in GPDO terms, by
virtue of the paragraph A.2(a) exclusion. It was on this basis that the Council refused to issue a lawful
The exterior of the
dwellinghouse is pebble-dashed. Any other external finish to the elevations of the proposed extension
would be excluded from permitted development by virtue of GPDO paragraph A.3(a), which makes development
permitted by Class A subject to a condition requiring the use of similar materials to those used in the
construction of the exterior of the existing dwellinghouse. Since pebble dash is also excluded in this case by
virtue of paragraph A.2(a), it seems inevitable that express planning permission must be sought for the
extension, by application to the Council.”
conservation area (or
other article 1(5) land), Class A, part A.2(a) not only prevents the cladding of
the main house, but also prevents the cladding of
[Relevant to: A.2(a)].
a property in a conservation area
or other article 1(5) land)
where the existing
house is finished in cladding, the combination of Class A, part
A.2(a) and Class A, part A.3(a) would prevent any
extension. This is because the former limitation prevents the
extension from being finished in cladding, whereas the latter condition prevents the extension from being
finished in anything other than cladding.
[Relevant to: “Materials”, A.2(a), A.3(a)].
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