Appeal Decision 59 - 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 – Crookfoot, Rye Lane, Otford, TN14 5JF  

Planning Inspectorate Reference: APP/G2245/X/09/2107151 

Inspector: Stephen Brown MA(Cantab) DipArch RIBA 

Sevenoaks District Council Reference: SE/09/00230/LDCPR 

Summary of Case (appeal allowed): 

The property is a detached house, and the application included a proposed single storey side extension (to the south-east elevation). 

The key issue was whether the proposed side extension would be contrary to Class A, part A.1(d), which states that “Development is not permitted by Class A if … the enlarged part of the dwellinghouse would extend beyond a wall which— (i) fronts a highway, and (ii) forms either the principal elevation or a side elevation of the original 

Dwellinghouse”. 

As there was no dispute that the south-east elevation is “a side elevation”, the determination of this appeal rested on whether it could be said that this elevation “fronts a highway”.  For reference as to the relationship between this south-east elevation and Rye Lane, please see the OS map on the last page of the appeal decision notice. 

The Inspector stated the following: 

“In my opinion, by virtue of its oblique relationship to the road, and the intervening garden of another property, the side elevation of the appeal property is dissociated from the road to such an extent that it cannot be said to front onto it in any commonly understood meaning of that expression”. 

Main Conclusions: 

·       No conclusions (because specific to this particular property)

 

Link to case on Planning Inspectorate website: 

http://www.pcs.planningportal.gov.uk/pcsportal/ViewCase.asp?casename=APP/G2245/X/09/2107151&caseaddress=COO.2036.300.8.1961561 

Link to LPA website: 

http://www.sevenoaks.gov.uk 

Download documents and diagrams of useful

Permitted Development information