Appeal Decision 6 - Certificate of Lawful Development.

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

22 May 2009 – 27 St Werburgh’s Road, St Werburgh’s, Bristol BS2 9XZ  

Planning Inspectorate Reference: APP/Z0116/X/08/2093419 

Bristol City Council Reference: 08/04383/CP 

Summary of Case (appeal allowed): 

·       The application was for side dormer on a corner property, where both the front elevation and the side elevation face onto a highway.  For this particular property, the front elevation contains the front door and the main windows, whilst the flank elevation contains two less important windows.  The Inspector concluded that the flank elevation of this particular property is clearly not a “principal” elevation.  In reaching this conclusion, the Inspector quoted a letter from the Parliamentary Under Secretary of State for CLG, which had reproduced several paragraphs from the “Informal Views from CLG” document (produced December 2008, updated January 2009).  The latter document suggests that for most corner properties there will only be one principal elevation, but leaves open the possibility that in exceptional cases a corner property can have more than one principal elevation (such as where there is more than one entrance). 

Main Conclusion: 

·      For most corner properties, where both the front elevation and a side elevation face onto a highway, there will only be one principal elevation. 

·      However, the Inspector also appears to accept the “Informal Views from CLG” document which suggests that in exceptional cases a corner property can have more than one principal elevation. (Note: This would appear to contradict the appeal decision dated 16 July 2009 for 12B Pound Pill) 

Link to case on Planning Inspectorate website: 

http://www.pcs.planningportal.gov.uk/pcsportal/ViewCase.asp?casename=APP/Z0116/X/08/2093419&caseaddress=COO.2036.300.8.949692