Appeal Decision 58 - Certificate of Lawful Development.

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

8 December 2009 – Greenacres, Sevenoaks Road, Pratts Bottom, Orpington, Kent, BR6 7SE  

Planning Inspectorate Reference: APP/G5180/X/09/2108116 

Inspector: Katie Peerless Dip Arch RIBA 

London Borough of Bromley Reference: DC/09/00986/PLUD 

Summary of Case (appeal dismissed): 

The property is a two-storey detached house.  The application included a proposed two-storey rear extension, the ground floor of which would have had depth 4m, and the first floor of which would have had depth 3m. 

The first key issue was whether the proposed rear extension would be contrary to Class A, part A.1(f), which states that “Development is not permitted by Class A if … the enlarged part of the dwellinghouse would have more than one storey and … (i) extend beyond the rear wall of the original dwellinghouse by more than 3 metres”. 

The appellant argued that there is a “fall back” scenario, in that Class A, part A.1(f) would allow him to erect a two-storey extension with depth 3m, and then subsequently Class A, part A.1(e) would allow him to extend the ground floor of this extension by an additional metre to depth 4m.   

The Inspector disagreed, and stated that this “fall back” position is not relevant.  He stated that the proposed development would be a “single operation”, and that Class A, part A.1(f) would restrict both storeys to a depth of 3m. 

Main Conclusions: 

·       Where it is proposed to erect a two-storey rear extension, Class A, part A.1(f) would restrict both storeys to a depth of 3m.  It is therefore not possible on a detached property to erect (as a single operation) a two-storey rear extension that has a first floor with depth 3m and a ground floor with depth 4m. 
[Note: This would appear to contradict at least one other appeal decision – for further information see the entry in the “Contents” section on “A.1(f)”].
[Relevant to: A.1(f)]. 

Link to case on Planning Inspectorate website: 

http://www.pcs.planningportal.gov.uk/pcsportal/ViewCase.asp?casename=APP/G5180/X/09/2108116&caseaddress=COO.2036.300.8.2045811 

Link to LPA website: 

http://www.bromley.gov.uk 

Download documents and diagrams of useful

Permitted Development information