Appeal Decision 53 - Certificate of Lawful Development.

December 2009 - Code a00053

Summary of Case (appeal dismissed): 

The property is a two-storey semi-detached house, within a conservation area. The property has an original two-storey rear projection, followed by a narrower (by 1m) original single storey rear projection. The application would have extended the original single storey rear projection sideways by 1m, to increase its width to match that of the original two-storey rear projection. 

The key issue was whether the proposed extension would be contrary to Class A, part A.2(b), which states that “In the case of a dwellinghouse on article 1(5) land, development is not permitted by Class A if … the enlarged part of the dwellinghouse would extend beyond a wall forming a side elevation of the original dwellinghouse”. 

The appellant argued that the term “a wall forming a side elevation” should only apply to the line of the side wall of the original two-storey rear projection, and not to the side wall of the original single storey rear projection. The appellant also implied that the purpose of the legislation is to limit the impact of side extensions to a dwelling in a Conservation Area which may be visible from the front of the property. 

The Inspector disagreed, and stated that in his view there is “no ambiguity”, as in this case the side wall of the original single storey rear projection is “a side elevation of the original dwellinghouse” of the original dwellinghouse. 

Main Conclusions: 

·       The side wall of an original rear projection (i.e. the side wall facing the infill area) is “a side elevation of the original dwellinghouse” for the purposes of the GPDO.
[Note: This would appear to contradict at least one other appeal decision – for further information see the entry in the “Reference Section” on “A side elevation of the original dwellinghouse”].
[Relevant to: “A side elevation of the original dwellinghouse”, A.1(d), A.1(h), A.2(b), A.3(b), B.2(c), C.2, E.3, G.1(b)].

·       For example, an extension to the side of an original rear projection within a conservation area (or other article 1(5) land) is not permitted development.
[Note: This would appear to contradict at least one other appeal decision – for further information see the entry in the “Reference Section” on “A side elevation of the original dwellinghouse”].
[Relevant to: “A side elevation of the original dwellinghouse”, A.1(d), A.1(h), A.2(b), A.3(b), B.2(c), C.2, E.3, G.1(b)].

·       Furthermore, even the side wall of an original single storey rear projection (i.e. the side wall facing the infill area) is “a side elevation of the original dwellinghouse”.
[Note: This would appear to contradict at least one other appeal decision – for further information see the entry in the “Reference Section” on “A side elevation of the original dwellinghouse”].
[Relevant to: “A side elevation of the original dwellinghouse”, A.1(d), A.1(h), A.2(b), A.3(b), B.2(c), C.2, E.3, G.1(b)].

Links to the “Appeal Decision Notice” and other associated documents (e.g. drawings, etc): 

·       Appeal Decision Notice:
http://planningjungle.com/?s2member_file_download=a00053-Appeal-Decision-Notice.pdf&s2member_skip_confirmation&s2member_file_inline=yes 

·       OS Map:
http://planningjungle.com/?s2member_file_download=a00053-OS-Map.pdf&s2member_skip_confirmation&s2member_file_inline=yes 

·       Proposed Drawings:
http://planningjungle.com/?s2member_file_download=a00053-Proposed-Drawings.pdf&s2member_skip_confirmation&s2member_file_inline=yes 

Download documents and diagrams of useful

Permitted Development information