Appeal Decision 9 - Certificate of Lawful Development.
This appeal decision summary and
assessment has been produced by Planning Jungle Limited. For more information, please go to www.planningjungle.com/?p=20
July 2009 -
Summary of Case (appeals
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
The key question was whether number 18 and 20 each constitutes a terrace house (in which case the 40m3 limit of
Class B, part B.1(c) applies) or a semi-detached house (in which case the 50m3 limit of Class B, part B.1(c)
The Inspector noted the
definition of “terrace house” 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;
(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”.
For the purposes of Class B,
part B.1(c), 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
[Relevant to: ““Detached
dwellinghouse” (versus “any other dwellinghouse”) and “terrace house” (versus “in any other case””, “A.1(e)”,
“B.1(c), “Interpretation I”].
Links to the “Appeal Decision
Notice” and other associated documents (e.g. drawings, etc):
· Appeal Decision
· Drawings for
· Drawings for
Download documents and diagrams