Appeal Decision 25 - Certificate of Lawful Development.

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

4 September 2009 – 46 Gooseley Lane, East Ham, London E6 6AP

Planning Inspectorate Reference: APP/G5750/X/09/2100436

London Borough of Newham Reference: 08/01404/CLP

Summary of Case (appeal dismissed):

·      The property is a two-storey mid-terrace house, and the application was for a proposed rear dormer.  The existing roof of the property has a main ridge-line with a raised parapet wall on either side.  The flat roof of the proposed rear dormer would have been at the same height as the main ridge-line, and along the side edges of the flat roof of the dormer there would have been raised parapet walls at the same height as the raised parapet walls on the main roof.

The key issue was whether these new parapet walls, which would be at the same height as the existing parapet walls, would “exceed the height of the highest part of the existing roof”.  It should be noted that this appeal was assessed against the previous GPDO; however this issue is still directly relevant to B.1(a) of the amended GPDO.

The Inspector concluded that “the highest part of the existing roof” is the main ridge-line of the property, as formed by the ridge tiles along the apex at the join of the front and rear roof slopes.  He stated that this phrase does not include such raised parapet walls, and does not apply to chimneys.

Main Conclusion:

·      For the purposes of Class B, part B.1(a), “the highest part of the existing roof” is the main ridge-line, and does not include raised parapet walls or chimneys.

Link to case on Planning Inspectorate website:

http://www.pcs.planningportal.gov.uk/pcsportal/ViewCase.asp?casename=APP/G5750/X/09/2100436&caseaddress=COO.2036.300.8.1449836

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Permitted Development information