Appeal Decision 66 - Certificate of Lawful Development.

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

16 December 2009 – 17 Glemsford Drive, Harpenden, AL5 5RB  

Planning Inspectorate Reference: APP/B1930/X/09/2105255 

Inspector: David Harrison BA DipTP MRTPI 

St Albans City & District Reference: 5/2009/0392 

Summary of Case (appeal allowed): 

The property is a mid-terrace house, and the application was for a proposed rear dormer. 

The key issue was whether the flat roof of the 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 Council refused the application on the basis that the flat roof of the proposed rear dormer could not comply with this condition.

The Inspector stated the following: 

 “Condition B.2 (a) does not require the design of the dormer extension to be similar or the type of materials used in the dormer extension to be similar, and it does not require the use of matching materials. It only requires the materials used in the extension to be of similar appearance. 

The flat roof of the dormer has been finished with mineral roofing felt. The flat roof itself cannot be seen from ground level and the top edge of the dormer is hidden by the guttering. It seems to me that a similar appearance has been achieved as the flat roof is so elevated that its appearance could not be associated with the appearance of the existing house from normal vantage points”. 

The Inspector therefore allowed the appeal. 

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: A.3(a), B.2(a)]. 

Link to case on Planning Inspectorate website: 

http://www.pcs.planningportal.gov.uk/pcsportal/ViewCase.asp?casename=APP/B1930/X/09/2105255&caseaddress=COO.2036.300.8.1857123 

Link to LPA website: 

http://www.stalbans.gov.uk 

Download documents and diagrams of useful

Permitted Development information