Appeal Decison 116-Permitted Development England

The property is a two-storey semi-detached house, and the application was for a proposed rear dormer and front rooflight. The proposals included two flues and one SVP, all of which would have protruded out of the flat roof of the dormer.

The key issue was whether the two flues and one SVP on the roof of the proposed rear dormer would be contrary to Class B, part B.1(d), which states that “Development is not permitted by Class B if … it would consist of or include … (ii) the installation, alteration or replacement of a chimney, flue or soil and vent pipe”.

“Drawing No. G 2494 submitted with the application contains detailed specifications of the works. Where there are references to flues and extended soil and vent pipe I see them as being relevant to Building Regulations requirements and providing instructions to the builder. If permission were required for any of these works on the basis that they amounted to development as defined in section 55(2) of the 1990 Act, it is granted in my view by the amended GPDO at Article 3(1) and Class G.

The restrictions in Class B.1(d)(ii) seem to me to indicate that Class B does not grant planning permission for chimneys, flues etc. because planning permission is given elsewhere - by Class G which specifically permits ‘the installation, alteration or replacement of a chimney, flue or soil and vent pipe on a dwellinghouse’, subject to certain restrictions which do not apply to this case. I consider I am supported in this interpretation by the published informal views expressed by Communities and Local Government (CLG) in response to general queries. The advice is that if soil and vent pipes are not viewed as being development nothing has changed, and that Class G clarifies the circumstances in which they are authorised if permission were needed. Having considered the restrictions in Class G, I consider that none of them apply to the development as proposed in this case. I consider that in this case the flues and soil pipe would be “on” the dwellinghouse within the terms of Class G, and to my mind it makes no difference that the dormer through which they would project has yet to be constructed. I can see no reason to conclude that the purpose of the reference to flues and soil and vent pipes in B.1 is to withdraw development rights that were previously available to householders in the circumstances arising in this appeal.

To sum up, I conclude that although the work in question, if it involves development, is not permitted by Class B, it is permitted under Class G. Therefore, the development described in the application and detailed in the drawing should not, in my view, be ruled as not permitted overall just because of the restrictions at Class B.1(d)(ii) since Class G grants permitted development rights for flues, chimneys etc.”

· Class G can be used concurrently with other Classes.
[Relevant to: A.1(i), B.1(d), C.1(c), Class G].

· For example, the erection of a proposed dormer under Class B can involve the installation or alteration of a soil and vent pipe under Class G – the latter would not be prevented on the basis that it would be contrary to Class B, part B.1(d).
[Relevant to: A.1(i), B.1(d), C.1(c), Class G].

Links to the “Appeal Decision Notice” and other associated documents (e.g. drawings, etc):

· Appeal Decision Notice:
http://planningjungle.com/?s2member_file_download=a00116-Appeal-Decision-Notice.pdf&s2member_skip_confirmation&s2member_file_inline=yes

· OS Map:
http://planningjungle.com/?s2member_file_download=a00116-OS-Map.pdf&s2member_skip_confirmation&s2member_file_inline=yes

· Existing Drawings:
http://planningjungle.com/?s2member_file_download=a00116-Existing-Drawings.pdf&s2member_skip_confirmation&s2member_file_inline=yes

· Proposed Drawings:
http://planningjungle.com/?s2member_file_download=a00116-Proposed-Drawings.pdf&s2member_skip_confirmation&s2member_file_inline=yes