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Appeal Decision 66 - Certificate of Lawful Development.

This appeal decision summary and assessment has been produced by Planning Jungle Limited.  For more information, please go to

December 2009 - Code a00066


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 (or similar) 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 “Reference Section” on “Materials”]
[Relevant to: “Materials”, A.3(a), B.2(a)].


Links to the “Appeal Decision Notice” and other associated documents (e.g. drawings, etc): 


·       Appeal Decision Notice: 






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