Appeal Decision 232 - Certificate of Lawful Development.

April 2011 - Code a00232

Summary of Case (appeal dismissed): 

The property is a two-storey semi-detached house, with a hipped main roof. The application was for various proposed works, including a hip-to-gable roof extension, a large rear dormer, and a part two-storey / part single-storey rear extension. The two-storey part of the proposed rear extension would have a crown roof, with a flat area in the centre and pitches on the sides. When viewing the drawings on the Council’s website, this crown roof appears to be shown on the proposed roof plan, but not on the proposed elevations. However, the appeal decision notice refers to drawing “13B”, so it appears that at least some of the drawings on the Council’s website have been superseded, possibly to correct this discrepancy. 

The first key issue was whether the proposed two-storey rear extension would be contrary to Class A, part A.3(c), which states that “Development is permitted by Class A subject to the following conditions— … (c) where the enlarged part of the dwellinghouse has more than one storey, the roof pitch of the enlarged part shall, so far as practicable, be the same as the roof pitch of the original dwellinghouse”. 

The Inspector stated the following: 

“Class A of the Order allows for the enlargement, improvement or other alteration of a dwelling-house. However, that development is subject to conditions. One of those conditions states that, “where the enlarged part of the dwellinghouse has more than one storey, the roof pitch of the enlarged part shall, so far as practicable, be the same as the roof pitch of the original dwellinghouse”. 

The proposal includes a rear two-storey extension, the roof of which is shown in part on Drawing No. 13B. The pitch of the roof as shown on that plan would be at an angle of about 36.4 degree. One pitch would be in the same direction as the roof pitch of the rear roof slope of the original dwelling-house. The other pitch of the extension’s roof would be at the same angle but would be sloping away from the original dwelling-house and would thus create a valley between the two roof slopes. It is clear that the condition was never written 

with such a design principle in mind. However, as explained above Class A of the Order allows for the enlargement of the dwelling-house and I have to decide whether if this enlargement were built it would be in breach of the condition. In my judgement it would not. The pitch of the roof on the two-storey extension would be the same as the pitch on the original dwelling-house i.e. both pitches would be 36.4-degrees. 

I therefore conclude that the proposal would not be in breach on Condition A.3(c) of the Order.” 

The second key issue was whether the lack of specification of what materials would be used for the proposed works would be contrary to the condition Class A, part A.3(a), which states that “Development is permitted by Class A subject to the following conditions— … (a) the materials used in any exterior work (other than materials used in the construction of a conservatory) shall be of a similar appearance to those used in the construction of the exterior of the existing dwellinghouse”, and contrary to the condition Class B, part B.2(a), which states that “Development is permitted by Class B subject to the following conditions— … (a) the materials used in any exterior work shall be of a similar appearance to those used in the construction of the exterior of the existing dwellinghouse”. 

The Inspector stated the following: 

“The Council correctly point out that it is not possible to impose a condition on the grant of a CLUOD. The application plans do not indicate what materials are to be used in either the Class A or Class B development. Further, there is no written indication that they are going to be of a similar appearance to those used in the construction of the exterior of the existing dwelling-house. 

I am advised by the Council that other Inspectors have agreed with this approach and this has not been disputed by the appellant. As the appearance of the materials to be used is not specified on the application plans as being of a similar appearance to those used in the construction of the exterior of the existing dwelling-house I agree with the Council that a CLUOD should not be granted.”

Main Conclusions: 

·       Where a property has a hipped roof, it is possible for an extension with a crown roof to comply with Class A, part A.3(c).
[Relevant to: A.3(c)].

·       A certificate of lawful development should be refused if the applicant has not demonstrated full compliance with all of the conditions of the Class.
[Note: This would appear to contradict at least one other appeal decision – for further information see the entry in the “Reference Section” on “Conditions”].
[Relevant to: “Conditions”, A.3(a), A.3(b), A.3(c), B.2(a), B.2(b), B.2(c), C.2, F.1, H.2(a), H.2(b)].

·       For example, if an applicant does not specify what materials would be used for a proposed extension, then the application should be refused.
[Note: This would appear to contradict at least one other appeal decision – for further information see the entry in the “Reference Section” on “Conditions”].
[Relevant to: “Conditions”, A.3(a), A.3(b), A.3(c), B.2(a), B.2(b), B.2(c), C.2, F.1, H.2(a), H.2(b)].

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

·       Appeal Decision Notice:
http://planningjungle.com/?s2member_file_download=a00232-Appeal-Decision-Notice.pdf&s2member_skip_confirmation&s2member_file_inline=yes 

·       OS Map:
http://planningjungle.com/?s2member_file_download=a00232-OS-Map.pdf&s2member_skip_confirmation&s2member_file_inline=yes 

·       Existing Front Elevation:
http://planningjungle.com/?s2member_file_download=a00232-Existing-Front-Elevation.pdf&s2member_skip_confirmation&s2member_file_inline=yes 

·       Existing Side Elevation:
http://planningjungle.com/?s2member_file_download=a00232-Existing-Side-Elevation.pdf&s2member_skip_confirmation&s2member_file_inline=yes 

·       Existing Rear Elevation:
http://planningjungle.com/?s2member_file_download=a00232-Existing-Rear-Elevation.pdf&s2member_skip_confirmation&s2member_file_inline=yes 

·       Existing Roof Plan:
http://planningjungle.com/?s2member_file_download=a00232-Existing-Roof-Plan.pdf&s2member_skip_confirmation&s2member_file_inline=yes 

·       Proposed Front Elevation:
http://planningjungle.com/?s2member_file_download=a00232-Proposed-Front-Elevation.pdf&s2member_skip_confirmation&s2member_file_inline=yes 

·       Proposed Side Elevation:
http://planningjungle.com/?s2member_file_download=a00232-Proposed-Side-Elevation.pdf&s2member_skip_confirmation&s2member_file_inline=yes 

·       Proposed Rear Elevation:
http://planningjungle.com/?s2member_file_download=a00232-Proposed-Rear-Elevation.pdf&s2member_skip_confirmation&s2member_file_inline=yes 

·       Proposed Roof Plan:
http://planningjungle.com/?s2member_file_download=a00232-Proposed-Roof-Plan.pdf&s2member_skip_confirmation&s2member_file_inline=yes 

Download documents and diagrams of useful

Permitted Development information