Appeal Decision 47 - Certificate of Lawful Development.

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

24 November 2009 – Site at Eagles, Park Horsley, East Horsley, Surrey, KT24 5RZ  

Planning Inspectorate Reference: APP/Y3615/X/09/2106835 

Inspector: John Parnell 

Guildford Borough Council Reference: 09/P/00343 

Summary of Case (appeal allowed): 

The property is a detached house, and the application included a two-storey rear extension with a Juliette balcony at first floor level.   

The first key issue was whether the proposed Juliette balcony would be contrary to Class A, part A.1(i), which states that “Development is not permitted by Class A if … (i) it would consist of or include … (i) the construction or provision of a veranda, balcony or raised platform …” 

The Inspector noted that the Juliette balcony would have not platform, and that the “Informal Views from CLG” document (Dec 2008, updated Jan 2009) stated that “the provision of a balustrade where there is no external access is permitted under Class B”.  He concluded that a “Juliette balcony” is not a “balcony” for the purposes of the GPDO, and therefore is permitted development. 

Main Conclusions: 

·       A “Juliette balcony” is not a “balcony” for the purposes of the GPDO, and therefore is permitted development.
[Relevant to: A.1(i), B.1(d), E.1(g)]. 

Link to case on Planning Inspectorate website: 

http://www.pcs.planningportal.gov.uk/pcsportal/ViewCase.asp?casename=APP/Y3615/X/09/2106835&caseaddress=COO.2036.300.8.1940126 

Link to LPA website: 

http://www.guildford.gov.uk 

Download documents and diagrams of useful

Permitted Development information