Appeal Decision 53 - 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 – 24 Carolina Road, Thornton Heath, CR7 8DT  

Planning Inspectorate Reference: APP/L5240/X/09/2106615 

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

London Borough of Croydon Reference: 09/00466/LE 

Summary of Case (appeal allowed): 

The application was for a proposed hip-to-gable roof extension, and the erection of a rear dormer.  The submitted information indicated that a soil and vent pipe would be attached to the outside of the proposed rear dormer, to a height of 0.9m above the roof of the latter. 

The key issue was whether the proposed dormer with an attached soil and vent pipe would be contrary to Class B, part B.1(d), which states that “Development is not permitted by Class B if … it would consist of or include … (ii) the installation, alteration or replacement of a chimney, flue or soil and vent pipe”. 

The Inspector stated the following: 

“The pipe extension does not require planning permission, since it does not materially affect the external appearance of the house and is therefore excluded from the definition of development by section 55(2) of the 1990 Act. In any event, if permission were required, it is granted by the 1995 Order as amended (Article 3(1) and Class G of Part 1 of Schedule 2).” 

The above paragraph indicates that where proposals are for a dormer with an attached soil and vent pipe, then either the soil and vent pipe does not constitute development (and therefore does not require planning permission anyway), or the soil and vent pipe part of the proposals can be assessed (and permitted) under Class G, without a contradiction of Class B, part B.1(d). 

Main Conclusions: 

·       Class G can be used concurrently with other Classes.
[Relevant to: A.1(i), B.1(d), C.1(c), Class G]. 

·       For example, the erection of a proposed dormer under Class B can involve the installation or alteration of a soil and vent pipe under Class G – the latter would not be prevented on the basis that it would be contrary to Class B, part B.1(d).
[Relevant to: A.1(i), B.1(d), C.1(c), Class G]. 

·       Regardless of the fact that the installation or alteration of a soil and vent pipe might fall within the description of Class G, such works do not necessarily constitute development, and therefore do not necessarily require planning permission in the first place.
[Relevant to: A.1(i), B.1(d), C.1(c), Class G]. 

Link to case on Planning Inspectorate website: 

http://www.pcs.planningportal.gov.uk/pcsportal/ViewCase.asp?casename=APP/L5240/X/09/2106615&caseaddress=COO.2036.300.8.1931795 

Link to LPA website: 

http://www.croydon.gov.uk 

Download documents and diagrams of useful

Permitted Development information