Appeal Decision 40 - Certificate of Lawful Development.

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

11 November 2009 – Pond Cottage, Chertsey Road, Windlesham, GU20 6HT  

Planning Inspectorate Reference: APP/D3640/X/09/2102494 

Inspector: Alan Langton DipTp CEng MRTPI MICE MIHT 

Surrey Heath Borough Council Reference: 09/0129 

Summary of Case (appeal dismissed): 

The property is a two-storey detached house.  Chertsey Road runs west to east, and the property is to the north side of this road, set back a significant distance from the road.  The property is orientated such that its four elevations face north, south, west, and east.  The application was for a proposed two-storey extension (with a footprint significantly larger than the house) to the east elevation, and a single storey extension (with depth 6m) to the north elevation. 

The key issue was whether the east or south elevation is “the principal elevation”, on the basis that this would then determine how to apply the other limitations of Class A to the proposed two-storey extension and to the proposed single storey extension. 

For both elevations, the Inspector examined in depth the features that they contain, and the aspect to which they face.  The Inspector concluded that, for this particular property, the south elevation is “the principal elevation”.  On this basis, the Inspector then concluded that the two-storey extension to the east elevation would be contrary to Class A, part A.1(h) (which prevents a two-storey extension from a side elevation), and that the single storey extension would be contrary to Class A, part A.1(e) (which prevents extensions with depth greater than 3m/4m from the rear wall). 

Main Conclusions: 

·       In this particular appeal decision, the Inspector concluded that the application site only had one “principal elevation”.  However, the Inspector did not comment on the wider question of whether properties in general can only have one “principal elevation”.
[Relevant to: “Principal Elevation”, A.1(d), B.1(b), E.1(b), F.1, G.1(b)]. 

Link to case on Planning Inspectorate website: 

http://www.pcs.planningportal.gov.uk/pcsportal/ViewCase.asp?casename=APP/D3640/X/09/2102494&caseaddress=COO.2036.300.8.1579128 

Link to LPA website: 

http://www.surreyheath.gov.uk/ 

Download documents and diagrams of useful

Permitted Development information