Appeal Decision 48 - Certificate of Lawful Development.

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

26 November 2009 – 10 Neild Way, Rickmansworth, WD3 8RW  

Planning Inspectorate Reference: APP/P1940/X/09/2100832 

Inspector: R J Perrins MA MCMI 

Three Rivers District Council Reference: 08/1860/CLPD 

Summary of Case (appeal allowed): 

The property is a terraced house, and the application was for a proposed rear dormer. 

The key issue was whether the flat roof of the 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 Inspector stated the following: 

“The GPDO condition at the heart of this appeal does not, as the Council have stated, require matching materials. It states that materials should be of a similar appearance. I accept that the existing property does not have any flatroofed element. However, the proposal would be clad in tiles to match the existing roof. Pipework and window details would be similar to that which currently exists. In addition, there is no condition aimed at controlling the form of roofs over dormers.  

Moreover, I see no reason why the felt roofing could not be chosen to have a similar colour to the existing tiled roof. Furthermore, given its height, the roof of the dormer, near the ridge height of the existing roof, would be hidden from most vantage points. For these reasons I find that condition (a) of paragraph B.2 of the GPDO would be met.” 

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: A.3(a), B.2(a)]. 

Link to case on Planning Inspectorate website: 

http://www.pcs.planningportal.gov.uk/pcsportal/ViewCase.asp?casename=APP/P1940/X/09/2100832&caseaddress=COO.2036.300.8.1482222 

Link to LPA website: 

www.threerivers.gov.uk 

Download documents and diagrams of useful

Permitted Development information