Appeal Decision 7 - Certificate of Lawful Development.

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

5 June 2009 – 66 Ridley Road, Forest Gate, London E7 0LT  

Planning Inspectorate Reference: APP/G5750/X/08/2084460 

London Borough of Newham Reference: 08/01407/CLP 

Summary of Case (appeal dismissed): 

·       The application site has an original two storey rear projection, and directly to the rear of this there is a single storey rear extension.  The application was to erect a first floor rear extension on top of the latter.  The inspector accepted that the roof of the single storey rear extension was part of the of the roof of the house, but rejected the argument that such works could fall under Class B, by stating the following:

“However, I take Class B to refer to development that would consist entirely of an addition or alteration to the roof. In this case the development is principally and most obviously an extension to the first floor of the house”

The Inspector then considered the works under Class A, stating that they would be contrary to the 3m eaves limitation of part A.1(g).  He also stated that the works would be contrary to part A.1(h)(iv) – which excludes enlargement of a dwellinghouse that consists of, or includes an alteration to any part of the roof of a dwellinghouse – as the development would include alterations to parts of the roof. 

Main Conclusion: 

·      The erection of a first floor rear extension on top of an existing single storey rear extension would not fall under Class B. 

Link to case on Planning Inspectorate website: