Appeal Decision 23 - Certificate of Lawful Development.

3 September 2009 – 68 Duke Road, Chiswick, London, W4 2DE

Planning Inspectorate Reference: APP/F5540/X/09/2098804

London Borough of Hounslow Reference: 00373/68/LAW1

Summary of Case (appeal dismissed):

·      The property is a two-storey mid-terrace house with an original two-storey rear projection.  Directly to the rear of the latter is a single storey rear extension.  The application was for an extension within the side infill area, which would have projected 3m beyond the end of the original two-storey rear projection, wrapping around the rear of the latter to replace the existing single storey rear extension. 

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 Inspector concluded that in this case the property has two rear walls from which enlargements could be built, and that what is relevant is the rear wall on the part of the building that is being extended from.  In her opinion, the GPDO would permit the enlargement of the dwelling from the rear wall of the original two-storey rear projection to a depth of up to 3m, but only for the width of that rear wall.  She notes that the GPDO would also permit an extension from the second rear wall within the infill area, but again only to a depth of up to 3m.  In reaching this conclusion, the Inspector appears to have given weight to guidance in the “Informal Views from CLG” document (produced December 2008, updated January 2009).

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:

http://www.pcs.planningportal.gov.uk/pcsportal/ViewCase.asp?casename=APP/F5540/X/09/2098804&caseaddress=COO.2036.300.8.1319400

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