Appeal Decision 66 - Certificate of Lawful Development.
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December 2009 - Code a00066
Summary of Case (appeal
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
The Council refused the
application on the basis that the flat roof of the proposed rear dormer could not comply with this
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.
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
[Relevant to: “Materials”, A.3(a), B.2(a)].
Links to the “Appeal
Decision Notice” and other associated documents (e.g. drawings, etc):
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