Appeal Decision 24 - Certificate of Lawful Development.

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

3 September 2009 – 36 Leyburn Avenue, Halifax HX3 8NX

Planning Inspectorate Reference: APP/A4710/X/09/2103056

Calderdale Metropolitan Borough Council Reference: 09/00226/192

Summary of Case (appeal allowed):

·      The property is a two-storey semi-detached house, and the application was for a single storey rear extension.  The outer wall of the extension would have projected 3m from the rear wall of the main house.  However, the boxed eaves of the extension would have projected a further 100mm, with the roof draining into a gutter attached to the fascia of the boxed eaves.

The key issue was whether the projection of the eaves by more than 3m beyond the rear wall of the original house 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 the proposals would be permitted development.  In reaching this conclusion, he noted that it is common practice for buildings to be measured, for setting out purposes and to assess their ground coverage for instance, between the corners of their outer walls.  He noted that as a matter of fact and degree, the proposed eaves projection including the guttering would be minimal, would not add significantly to the size of the extension, and would not result in the extension being any higher than it would be without the projection. He concluded that in this case it is reasonable for the projecting eaves and guttering of the extension to be set aside in calculating its extent.

Main Conclusion:

·      Where the main rear wall of an extension would comply with the 3m/4m rear projection limit of Class A, part A.1(e), but the eaves and guttering of the extension would project slightly past this line, then this would still be permitted development.

Link to case on Planning Inspectorate website:

http://www.pcs.planningportal.gov.uk/pcsportal/ViewCase.asp?casename=APP/A4710/X/09/2103056&caseaddress=COO.2036.300.8.1664939

Download documents and diagrams of useful

Permitted Development information