Appeal Decision 63 - 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 – 82 Melbourn Road, Royston, Herts, SG8 7DG  

Planning Inspectorate Reference: APP/X1925/X/09/2106539 

Inspector: Martin Joyce DipTP MRTPI 

North Hertfordshire District Reference: 09/00579/1PUD 

Summary of Case (appeal allowed): 

The property is a two-storey semi-detached house, and the application included a proposed rear 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 felt roof, this would not be visible from any public viewpoint, and most probably in any private view, because of the height of the dormer, and its proximity to the ridge of the house. The use of felt, or any other material, on the flat roof would have no impact whatsoever on the appearance of the existing dwellinghouse, as it could not be seen. I therefore 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 and, to that extent, the condition in question is likely to be met.” 

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/X1925/X/09/2106539&caseaddress=COO.2036.300.8.1930720 

Link to LPA website: 

http://www.north-herts.gov.uk 

Download documents and diagrams of useful

Permitted Development information