Appeal Decision 79 - Certificate of Lawful Development.

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

15 January 2010 – 53 Parnel Road, Ware, SG12 7LE  

Planning Inspectorate Reference: APP/J1915/X/09/2108452 

Inspector: Diane Lewis BA(Hons) MCD MA LLM MRTPI 

East Hertfordshire District Council Reference: 3/08/2117/CL 

Summary of Case (appeal dismissed): 

The property is a two-storey semi-detached house, with an existing two-storey rear extension and single storey side extension.  The application was for a proposed rear dormer, two front rooflights, first floor side window, and an alteration to a soil and vent pipe. 

The key issue was whether the use of felt for the flat roof of the proposed rear 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 appellant argued that the felt on the flat roof of the proposed rear dormer would be of a similar appearance to the felt on the existing single storey side extension.  The Inspector examined whether the latter extension, which is a small lean-to structure used for storage, could be said to form part of the existing dwellinghouse.  He concluded the following: 

“My conclusion is that the lean-to structure is part of the existing dwellinghouse. That being so the proposed roofing felt for the dormer would be of similar appearance”. 

[Note: The wording of the above conclusion implies that, for the felt on the flat roof of a dormer to comply with Class B, part B.2(a), it is necessary for there to be a material similar to felt on the existing house.  This would appear to contradict the conclusions of other appeal decisions where Inspectors have argued that, due to the limited visibility of the flat roof of a dormer, this condition would be met even if there is not a material similar to felt on the existing house]. 

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 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: B.2(a)]. 

Link to case on Planning Inspectorate website: 

http://www.pcs.planningportal.gov.uk/pcsportal/ViewCase.asp?casename=APP/J1915/X/09/2108452&caseaddress=COO.2036.300.8.2079757 

Link to LPA website: 

www.eastherts.gov.uk 

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Permitted Development information