Appeal Decision 52 - Certificate of Lawful Development.

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

1 December 2009 – 84 South Norwood Hill , London, SE25 6AQ  

Planning Inspectorate Reference: APP/L5240/X/09/2102385 

Inspector: D A Hainsworth LL.B(Hons) FRSA Solicitor 

London Borough of Croydon Reference: 08/03978/LP 

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 existing dwellinghouse”. 

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. 

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/L5240/X/09/2102385&caseaddress=COO.2036.300.8.1579020 

Link to LPA website: 

http://www.croydon.gov.uk 

Download documents and diagrams of useful

Permitted Development information