Appeal Decision 30 - Certificate of Lawful Development.

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

22 October 2009 – The Orchard, Frome Park Road, Stroud, GL5 3LF  

Planning Inspectorate Reference: APP/C1625/X/09/2106797 

Inspector: David Murray BA (Hons) DMS MRTPI 

Stroud District Council Reference: 09/0174/CPL 

Summary of Case (appeal dismissed): 

The property is a single storey semi-detached house.  The section of Frome Park Road nearest to the property runs from north-west to south-east, and the property is to the south-west side of this road with its front elevation facing north.  As such, both the front elevation and the side elevation of the property are at an approx 45 degree angle to Frome Park Road.  The application was for a proposed single storey side extension. 

The key issue was whether the proposed side extension would be contrary to Class A, part A.1(d), which states that “Development is not permitted by Class A if … the enlarged part of the dwellinghouse would extend beyond a wall which— (i) fronts a highway, and (ii) forms either the principal elevation or a side elevation of the original 

Dwellinghouse” 

For this particular case, there did not appear to be a dispute as to whether the front elevation or the side elevation is “the principal elevation”, as it appears to have been accepted that the front elevation is the principal one.  Instead, the dispute was whether it could be said that the side elevation, which is at an approx 45 degree angle to the road, “fronts a highway”.  The Inspector noted that there is no intervening land between the curtilage of the property and the highway, and stated that he did not consider that the presence of a 1.8m close boarded fence along the boundary had any bearing on the interpretation of Class A, part A.1(d).  Noting that the front elevation and side elevation have a similar angled presence to the road (i.e. at about 45 degrees), the Inspector concluded that both the front elevation and the side elevation front the highway. 

Main Conclusions: 

·       Where an elevation of a property is at an angle to a highway, it is still possible for that elevation to front the highway.  Furthermore, where a property is angled such that two elevations are each at an approx 45 degree angle to the highway, it is possible for both of these elevations to front the highway.
[Relevant to: A.1(d), B.1(d), G.1(b)]. 

Link to case on Planning Inspectorate website: 

http://www.pcs.planningportal.gov.uk/pcsportal/ViewCase.asp?casename=APP/C1625/X/09/2106797&caseaddress=COO.2036.300.8.1939372