Appeal Decision 61 - Certificate of Lawful Development.

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

9 December 2009 – 28 Parker Avenue, Hertford, SG14 3LA  

Planning Inspectorate Reference: APP/J1915/X/09/2107623 

Inspector: Martin Joyce DipTP MRTPI 

East Hertfordshire District Council Reference: 3/09/0456/CL 

Summary of Case (appeal allowed): 

The property is a two-storey semi-detached house, with a hipped roof.  The application was for a proposed hip-to-gable roof extension and the erection of a rear roof dormer. 

The key issue was whether the use of felt for the flat roof of the proposed rear dormer would be contrary to Class B, part B.2(a), which requires that “the materials used in any exterior work shall be of a similar appearance to those used in the construction of the exterior of the existing dwellinghouse”. 

The Inspector stated the following: 

“The condition requires that external materials used shall be of similar appearance to those of the exterior of the existing dwellinghouse. This does not require, therefore, that they have to be of the same type, or even that they match, rather it must mean that factors such as visibility and overall effect on the appearance of the house when the development has been undertaken are relevant”. 

… 

“As for the roof of the dormer, this would not be visible from any public viewpoint, and most probably in any private view, because of its height and its proximity to the ridge of the house. It follows that any material used on the dormer roof would not, in this case, have any appreciable impact on the external appearance of the property. I conclude that the materials that would be visible would be likely to be of a similar appearance to those used in the construction of the exterior of the existing dwelling”. 

Main Conclusions: 

·       The use of felt for the flat roof of a dormer (assuming that the visibility of the roof would be limited) would not be contrary to Class B, part B.2(a).  The Inspector indicates (or implies) that the felt would not need to have a similar colour to the materials on the existing house.
[Note: This would appear to contradict at least one other appeal decision – for further information see the entry in the “Contents” section on “B.2(a)”]
[Relevant to: B.2(a)]. 

Link to case on Planning Inspectorate website: 

http://www.pcs.planningportal.gov.uk/pcsportal/ViewCase.asp?casename=APP/J1915/X/09/2107623&caseaddress=COO.2036.300.8.2008914 

Link to LPA website: 

http://www.eastherts.gov.uk/ 

Download documents and diagrams of useful

Permitted Development information