Appeal Decision 33 - 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 – 541 Kenton Road, Harrow, HA3 0UF  

Planning Inspectorate Reference: APP/T5150/X/09/2096882 

Inspector: B.S.Rogers BA(Hons), DipTP, MRTPI 

London Borough of Brent Reference: 08/3198 

Summary of Case (appeal dismissed): 

The property is a two-storey semi-detached property, with rear and side elevations that are flat (i.e. not stepped).  The application was for a proposed extension that would have projected from the rear elevation, and then wrapped-around the corner to project from the side elevation.  Most of the proposed extension would have been single-storey, except for a part of the extension directly to the rear of the property which would have been two-storey. 

The Council’s reason for refusal was not particular detailed, and simply stated that the proposed extension “… failed to comply with the requirements for permitted development under Schedule 2 Part 1, Classes A and B of the Town and Country Planning (General Permitted Development) Order 1995, as amended …”.  However, the Council’s delegated report gives several reasons why the proposed extension was considered to be contrary to the amended Part 1, including that “The corner element does not extend beyond the original dwellinghouse and thus is considered unlawful”. 

In the appeal decision notice, the Inspector stated the following: 

“The appellant agrees with the Council that the ground floor element of the proposed extension is not permitted development under Class A of Schedule 2, Part 1 of the Town and Country Planning (General Permitted Development) Order 1995, as amended. That is because part of the extension would not be attached to either the side or rear wall of the original dwellinghouse”. 

The Inspector agreed with the above argument that the ground floor part of the proposed extension would not be permitted development.  Furthermore, noting that the first floor part of the proposed extension could not be built in the absence of the ground floor part, the Inspector concluded that the whole development would be unlawful. 

[Note: In my opinion, the above appeal decision is questionable, because the Inspector has agreed that the “corner” part of the proposed extension would not be permitted development, without identifying any limitation or condition to which this “corner” part would be contrary.  The fact that the corner part “does not extend beyond the original dwellinghouse” (as stated by the Council) or “would not be attached to either the side or rear wall of the original dwellinghouse” (as stated by the Inspector) does not, in my opinion, mean that the corner part would be contrary to Class A, part A.1(e) or Class A, part A.1(h), as neither of these limitations state that all parts of an extension must be attached to a wall.  Instead, these limitations simply mean that if an extension does extend from such a wall, it must not extend by more than a certain amount]. 

Main Conclusions: 

·       Where the rear and side elevations of a property are flat (i.e. not stepped), Class A, part A.1(e), and Class A, part A.1(h) would not allow an extension to project 3m/4m from the rear elevation and then wrap-around the corner to project half the width of the house from the side elevation.
[Note: This would appear to contradict at least one other appeal decision – for further information see the entry in the “Contents” section on “A.1(e)”]
[Note: In my opinion, the above appeal decision is questionable, because the Inspector has agreed that the “corner” part of the proposed extension would not be permitted development, without identifying any limitation or condition to which this “corner” part would be contrary].
[Relevant to: A.1(e), A.1(h)]. 

Link to case on Planning Inspectorate website: 

http://www.pcs.planningportal.gov.uk/pcsportal/ViewCase.asp?casename=APP/T5150/X/09/2096882&caseaddress=COO.2036.300.8.1188451 

Link to LPA website: 

http://www.brent.gov.uk 

Download documents and diagrams of useful

Permitted Development information