Appeal Decision 51 - Certificate of Lawful Development.
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December 2009 - Code a00051
Summary of Case (appeal
The property is a two-storey
mid-terrace 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
The Council refused the
application on the basis that the use of lead for the flat roof of the proposed rear dormer would not comply
with this condition.
The Inspector stated the following:
“Condition B.2(a) does
not require the design of the extension to be similar or the type of materials used in the extension to
be similar, and it does not require the use of matching materials. It only requires the materials
used in the extension to be of a similar appearance. Compliance with this requirement can be assessed
when the permission has been implemented. It might be complied with, for example, by using lead with a similar
appearance to the lead flashing used between the chimney and the pitched roof of the house, or it might be
argued successfully that similarity of appearance had been achieved to the required extent because the surface
of the flat roof would be so elevated that its appearance could not be associated with the appearance of the
existing house from normal vantage points”.
The Inspector therefore
allowed the appeal.
The use of felt (or similar) 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 “Reference Section” on
[Relevant to: “Materials”, A.3(a), B.2(a)].
Links to the “Appeal
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