Appeal Decision 79 - Certificate of Lawful Development.
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January 2010 - Code a00079
Summary of Case (appeal
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
“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”.
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].
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 (in
principle) be contrary to Class B, part B.2(a). However, 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 “Reference Section” on
[Relevant to: “Materials”, A.3(a), B.2(a)].
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