Appeal Decision 54 - Certificate of Lawful Development.

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

2 December 2009 – 84 Frances Road, Windsor, Berkshire, SL4 3AJ  

Planning Inspectorate Reference: APP/T0355/X/09/2110126 

Inspector: P N Jarratt BA (Hons) DipTP MRTPI 

Royal Borough of Windsor and Maidenhead Council Reference: 09/01069 

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. 

Main Conclusions: 

·       The side wall of an original rear projection is “a side elevation”, and therefore under Class A, part A.2 (b) an extension to the side of an original rear projection within a conservation area is not permitted development.
[Relevant to: 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 is “a side elevation”, and therefore under Class A, part A.2 (b) an extension to the side of an original single storey rear projection within a conservation area is not permitted development.
[Relevant to: A.1(d), A.1(h), A.2(b), A.3(b), B.2(c), C.2, E.3, G.1(b)]. 

Link to case on Planning Inspectorate website: 

http://www.pcs.planningportal.gov.uk/pcsportal/ViewCase.asp?casename=APP/T0355/X/09/2110126&caseaddress=COO.2036.300.8.2201066 

Link to LPA website: 

http://www.rbwm.gov.uk/ 

Download documents and diagrams of useful

Permitted Development information