Appeal Decision 240 - Certificate of Lawful
This appeal decision summary and
assessment has been produced by Planning Jungle Limited. For more information, please go to www.planningjungle.com/?p=20
May 2011 - Code a00240
Summary of Case (appeal
The property is a two-storey
semi-detached house. Planning permission was granted in 2010 for various works, including a proposed two-storey
rear extension, and the rebuilding of part of the main front wall in a further rearward position. At the time of
the appeal, these works had been started, but were not substantially complete. The application was for a
proposed single storey rear extension, which would be attached to the rear wall of the previously approved
two-storey rear extension, and for a proposed front porch, which would be attached to the previously approved
new front wall.
The Inspector stated the
“The proposed single
storey rear extension would attach to an element of the extension granted planning permission in February 2010.
As that element had not been substantially completed there was nothing to which the single storey extension
could be attached to at the time of the LDC application.
In relation to the
proposed porch, it would require the existing front extension to No 15 to be altered in accordance with the
scheme granted planning permission in February 2010. As that had not taken place, at the time of the LDC
application, the porch could not be constructed.
In such circumstances,
both the proposed porch and single storey rear extension could not possibly be lawful and I cannot grant
It is not possible to
issue a certificate of lawfulness for a proposed extension that would depend on (e.g. be attached to) another
extension, where the other extension (which would not be permitted development itself) has been granted
planning permission but has not yet been substantially completed.
[Relevant to: “General”].
Links to the “Appeal
Decision Notice” and other associated documents (e.g. drawings, etc):
OS Map and Block
Drawings showing previously approved PP
Drawings showing proposed PD scheme in
addition to previously approved PP-scheme:
Download documents and diagrams of