Appeal Decision 36 - Certificate of Lawful Development.

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

30 October 2009 – 17 Wynchlands Crescent , St Albans, Hertfordshire, AL4 0XW  

Planning Inspectorate Reference: APP/B1930/X/09/2102728 

Inspector: Chris Hoult BA BPhil MRTPI MIQ 

St Albans City & District Council Reference: 5/2009/0027 

Summary of Case (appeal allowed): 

The property is a two-storey semi-detached house, and the application was for a proposed rear dormer and front rooflights. 

The key issue was whether the proposed rear dormer would be contrary to Class B, part B.2(a), which requires that “the materials used in any exterior work shall be of a similar appearance to those used in the construction of the exterior of the existing dwellinghouse”. 

The submitted drawings stated that the faces of the proposed rear dormer would be “vertical tile hanging” and “concrete roof tiles to clients choice”, and that the roof of the proposed rear dormer would be “felt”. 

With regards to the roof of the proposed rear dormer, the Inspector acknowledged that felt is not similar in its appearance to concrete roof tiles.  However, he noted that the requirements of Class B, part B.2(a) concern the appearance of the materials, in the sense of how they would appear when employed as part of an alteration or extension to the roof.  Noting that the dormer roof would not be seen from normal vantage points in the locality, the Inspector concluded that the use of felt for the flat roof would not be contrary to this condition. 

With regards to the faces of the proposed rear dormer, the Inspector noted that the appellants had confirmed in their appeal statement their commitment to provide matching tiles to the existing roof tiles, and accepted that Class B, part B.2(a) could be complied with. 

Main Conclusions: 

·       The use of felt for the flat roof of a dormer (assuming that the visibility of the roof would be limited) would not be contrary to Class B, part B.2(a).  The Inspector indicates (or implies) that the felt would not need to have a similar colour to the materials on the existing house.
[Note: This would appear to contradict at least one other appeal decision – for further information see the entry in the “Contents” section on “B.2(a)”]
[Relevant to: B.2(a)]. 

Link to case on Planning Inspectorate website: 

http://www.pcs.planningportal.gov.uk/pcsportal/ViewCase.asp?casename=APP/B1930/X/09/2102728&caseaddress=COO.2036.300.8.1596738 

Link to LPA website: 

http://www.stalbans.gov.uk/ 

Download documents and diagrams of useful

Permitted Development information