Appeal Decision 7 - Certificate of Lawful Development.
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assessment has been produced by Planning Jungle Limited. For more information, please go to www.planningjungle.com/?p=20
June 2009 -
Summary of Case (appeal
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 key issue was whether
such works would fall within the scope of Class A (“The enlargement, improvement or other alteration of a
dwellinghouse”) or Class B (“The enlargement of a dwellinghouse consisting of an addition or alteration to its
The inspector accepted that
the roof of the single storey rear extension was part of the of the roof of the house. However, he rejected the argument that such works could fall within the scope
of 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
The Inspector then considered the works under Class A, stating that they would be contrary to the 3m eaves
limitation of Class A, part A.1(g). The Inspector also stated that the
works would be contrary to Class A, part A.1(i)(iv), which states that “Development is not permitted by Class A if
… it would consist of or include … an alteration to any part of the roof of a dwellinghouse”, because the
development “would include alterations to parts of the roof”.
The erection of a first floor
rear extension on top of an existing single storey rear extension would not fall within the scope of Class
would appear to contradict at least one other appeal decision – for further information see the entry in the
“Reference Section” on “Interaction between Class A, Class B, and Class C”].
[Relevant to: “Interaction between Class A, Class B, and
Class C”, Class A, A.1(i), Class B, B.1(c)].
Links to the “Appeal Decision
Notice” and other associated documents (e.g. drawings, etc):
· Appeal Decision
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