Appeal Decision 9 - Certificate of Lawful Development.

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

13 July 2009 – 18 and 20 Woodberry Gardens, London N12 0HD  

Planning Inspectorate Reference: APP/N5090/X/08/2088472 and APP/N5090/X/08/2088476 

London Borough of Barnet Reference: F/03118/08 and F/02894/08 

Summary of Case (appeals dismissed): 

·       The left-hand side of number 20 is not joined to any other property.
The right-hand side of number 20 is fully joined to the left-hand side of number 18.
Number 18 and 16 are angled, such that the right-hand side of number 18 is not joined to the left-hand side of number 16 at the front, but these sides are joined at the rear by an original two storey block with a common party wall.

The key question was whether number 18 and 20 each constitutes a terrace house (in which case the Class B 40m3 limit applies) or a semi-detached house (in which case the Class B 50m3 limit applies).  The Inspector noted the definition at the end of Part 1, which states:

““terrace house” means a dwellinghouse situated in a row of three or more dwellinghouses used or designed for use as single dwellings, where—
(a) it shares a party wall with, or has a main wall adjoining the main wall of, the dwellinghouse on either side; or
(b) if it is at the end of a row, it shares a party wall with or has a main wall adjoining the main wall of a dwellinghouse which fulfils the requirements of sub-paragraph (a).”

The Inspector noted that from the front number 18 and 20 appear to be semi-detached houses, that they were described in the sale as such, and that the main side walls of number 18 and 16 are separate and at an angle.  However, he also notes that number 18 and 16 are joined by a two storey block towards the rear part of their sides, that this block is original, and that it is of a size substantial enough to prevent it being regarded as a trivial or insignificant feature.  The Inspector concludes that the existence of this block is sufficient for the each of numbers 20, 18, and 16 to be classed as a “terrace house”. 

Main Conclusion: 

·      Where two properties are angled, such that their side walls are separated at the front but are joined towards the rear by a common party wall (in this case by an original two storey block of a size considered to be not trivial or insignificant) then this can be sufficient for the properties to be considered as sharing a party wall for the purposes of the definition of a “terrace house”. 

Link to case on Planning Inspectorate website: 

http://www.pcs.planningportal.gov.uk/pcsportal/ViewCase.asp?casename=APP/N5090/X/08/2088472&caseaddress=COO.2036.300.8.561148 

http://www.pcs.planningportal.gov.uk/pcsportal/ViewCase.asp?casename=APP/N5090/X/08/2088476&caseaddress=COO.2036.300.8.561219