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Certificate of Lawful Development Appeal Decisions by category of development.

The Town and Country Planning (General Permitted Development) Order 1995
Part 1 (as amended on 1 October 2008) 

 

 

This appeal decision summary and assessment has been produced by Planning Jungle Limited.  For more information, please go to  www.planningjungle.com/?p=20
 

Class A development

 

·      

·       See entries under separate heading “Interaction between Class A, Class B, and Class C”.

·       See entries under separate heading “Interaction between Class A and Class D”.

·       See entries under separate heading “Interaction between Class A and Class E”.

 

 

A.1(a): 

 

·       For the purposes of Class A, part A.1(a) and Class A, part E.1(a), a (separate)detached structure (such as a detached garage) built prior to 1948 is not part of “the original dwellinghouse”. As such, a detached garage will always count as having used up some of the 50% limit, regardless of when it was built.
[Source: “DCLG - Permitted development for householders - Technical guidance” (August 2010)].

 

 

A.1(b): 

 

·       See entries under separate heading “Height”.

·       See entries under separate heading “Highest Part of the … Roof”.

 

 

A.1(c): 

 

·       See entries under separate heading “Height”.

·       See entries under separate heading “Eaves”.

 

·       Where a house has eaves at different levels, the “height of the eaves of the existing dwellinghouse” referred to in Class A, part A.1(c) should be taken as the highest eaves level.
[Note: This contradicts the entry below].
[Source: “DCLG - Permitted development for householders - Technical guidance” (August 2010)].

 

·       Where a house has eaves at different levels, the “height of the eaves of the existing dwellinghouse” referred to in Class A, part A.1(c) should be taken as the predominant eaves level.
[Note: This contradicts the entry above].
[Source: March 2010 - Code a00107].

 

 

A.1(d): 

 

·       See entries under separate heading “Principal Elevation”.

·       See entries under separate heading “A Side Elevation of the original dwellinghouse”.

·       See entries under separate heading “Fronts a highway”.

·       See entries under separate heading “Highway”.

·       See entries under separate heading “Basements”.

 

·       Where the principal elevation fronts a highway, Class A, part A.1(d) not only prevents an extension from being directly attached to the principal elevation, but also prevents an extension attached to a side elevation from projecting beyond the imaginary line of the principal elevation when extended to either side. In other words, the phrase “extends beyond a wall” not only applies to extensions directly attached to that wall, but also applies to extensions that extend beyond the line of that wall.
[Source: “DCLG - Permitted development for householders - Technical guidance” (August 2010)].

 

·       Where the side elevation fronts a highway, Class A, part A.1(d) not only prevents an extension from being directly attached to the side elevation, but also prevents an extension attached to the rear (or front) elevation from projecting beyond the imaginary line of the side elevation when extended to either side. In other words, the phrase “extends beyond a wall” not only applies to extensions directly attached to that wall, but also applies to extensions that extend beyond the line of that wall.
[Source: “DCLG - Permitted development for householders - Technical guidance” (August 2010)].

 

·       Where the principal elevation does not front a highway, an extension can extend in front of the principal elevation.
[Source: July 2010 - Code a00128].
[Source: October 2010 - Code a00147].
[Source: January 2011 - Code a00197]
[Source: March 2011 - Code a00224].
[Source: April 2011 - Code a00237].
[Source: June 2011 - Code a00250].

 

·       Furthermore, in such cases, the amount by which the extension can extend beyond the principal elevation does not appear to be directly* restricted by any limitation.
(*i.e. other than the general requirement to remain within the “curtilage”, and the general restriction of A.1(a) that prevents more than 50% of the original garden being covered by buildings).
[Source: July 2010 - Code a00128].
[Source: October 2010 - Code a00147].
[Source: January 2011 - Code a00197].
[Source: March 2011 - Code a00224].
[Source: April 2011 - Code a00237].

 

·       Where the front wall of a side extension would be in line with the principal elevation (i.e. in accordance with the forward projection limit of Class A, part A.1(d)), but the eaves / guttering / soffit / fascia of the extension would project slightly forward of this line, then this would still be permitted development.
[Source: September 2010 - Code a00141].

 

 

A.1(e): 

 

·       See entries under separate heading “The rear wall of the original dwellinghouse”.

·       See entries under separate heading “Interaction between A.1(e)/(f) and A.1(h)”.

·       See entries under separate heading “Height”.

·       See entries under separate heading “Basements”.

·       See entries under separate heading “Detached dwellinghouse” (versus “any other dwellinghouse”) and “terrace house” (versus “in any other case”)

 

·       Class A, part A.1(e) not only restricts an extension directly attached to the rear wall from projecting beyond the latter by more than 3m/4m, but also restricts an extension attached to a side wall from projecting beyond the imaginary line of the rear wall (i.e. when extended to either side) by more than 3m/4m. In other words, the phrase “extends beyond the rear wall” not only applies to extensions directly attached to the rear wall, but also applies to extensions attached to other walls that extend beyond the line of the rear wall.
[Source: “DCLG - Permitted development for householders - Technical guidance” (August 2010)].

 

·       Where the original rear elevation of a property is flat, Class A, part A.1(e) does not in itself restrict the width of the extension to the width of the original rear wall.
[Source: August 2009 - Code a00018].
[Source: January 2010 - Code a00078].

 

·       Where a property has a (part-width) original rear projection, an extension to the rear of this is limited to the width of the original rear projection.
[Source: September 2009 - Code a00023].

 

·       Where the rear wall of an extension would comply with the 3m/4m rear projection limit of Class A, part A.1(e), but the eaves / guttering / soffit / fascia of the extension would project slightly past this line, then this would still be permitted development.
[Source: September 2009 - Code a00024].
[Source: February 2010 - Code a00100].
[Source: June 2010 - Code a00123].
[Source: “DCLG - Permitted development for householders - Technical guidance” (August 2010)].
[Source:
November 2010 - Code a00159].
[Source: March 2011 - Code a00226].
[Source: April 2011 - Code a00235].

 

·       Where an extension within an infill area would leave a courtyard, and then project past the end of the original rear projection and wrap around the latter, it would not be permitted development.
[Note: In my opinion, the above conclusion is questionable, because the Inspector has stated that the proposed extension would not be permitted development, but (unlike the LPA involved) has not identified any limitation or condition of Class A to which the extension would be contrary].
[Source: May 2009 - Code a00004].

 

 

A.1(f): 

 

·       See entries under separate heading “The rear wall of the original dwellinghouse”.

·       See entries under separate heading “Interaction between A.1(e)/(f) and A.1(h)”.

·       See entries under separate heading “Basements”.

 

·       Class A, part A.1(f) applies not only to a proposed two-storey rear extension, but also to a proposed first floor rear extension on top of an existing ground floor rear extension.
[Source: “DCLG - Permitted development for householders - Technical guidance” (August 2010)].
[Source:
March 2011 - Code a00227].

 

·       Where it is proposed to erect a two-storey rear extension, Class A, part A.1(f) would restrict both storeys to a depth of 3m. It therefore is not possible on a detached property to erect (as a single operation) a two-storey rear extension that has a ground floor with depth 4m and a first floor with depth 3m.
[Note: This contradicts the entry two below].
[Source: December 2009 - Code a00058].
[Source: “DCLG - Permitted development for householders - Technical guidance” (August 2010)].
[Source: February 2011 - Code a00210].

 

·       If a property has an existing ground floor rear extension with depth greater than 3m, then it would not be possible to erect any first floor rear extension on top of the latter, because Class A, part A.1(f) would restrict both storeys to a depth of 3m.
[Note: This contradicts the entry below].
[Source: “DCLG - Permitted development for householders - Technical guidance” (August 2010)].
[Source: March 2011 - Code a00227].

 

·       Where it is proposed to erect a two-storey rear extension, Class A, part A.1(f) would restrict only the first floor to a depth of 3m. It therefore is possible on a detached property to erect (as a single operation) a two-storey rear extension that has a ground floor with depth 4m and a first floor with depth 3m.
[Note: This contradicts the entry above and the entry two above].
[Source: March 2010 - Code a00111].

 

·       Where the rear wall of an extension would comply with the 3m rear projection limit of Class A, part A.1(f), but the eaves / guttering / soffit / fascia of the extension would project slightly past this line, then this would still be permitted development.
[Source: December 2010 - Code a00181].
[Source: January 2011 - Code a00189]

 

 

A.1(g): 

 

·       See entries under separate heading “Height”.

·       See entries relating to the phrase “within 2m of the boundary” under separate heading “E.1(d)”.

·       See entries under separate heading “Eaves”.

 

·       Where parts of a proposed extension are within 2m of a boundary, the 3m eaves height limit applies not just to those parts within 2m of the boundary, but to all parts of the proposed extension.
[Note: This contradicts the entry below].
[Source: December 2009 - Code a00062].
[Source: April 2010 - Code a00113].
[Source: “DCLG - Permitted development for householders - Technical guidance” (August 2010)].
[Source: January 2011 - Code a00188].
[Source: January 2011 - Code a00189]

·       Where parts of a proposed extension are within 2m of a boundary, the 3m eaves height limit applies only to those parts within 2m of the boundary.
[Note: This contradicts the entry above].
[Source: March 2010 - Code a00107].

 

 

A.1(h): 

 

·       See entries under separate heading “A side elevation of the original dwellinghouse”.

·       See entries under separate heading “Interaction between A.1(e)/(f) and A.1(h)”.

·       See entries under separate heading “Height”.

·       See entries under separate heading “Basements”.

 

·       Under Class A, part A.1(h), where part of a proposed extension would extend beyond an original side wall, the restriction against having “a width greater than half the width of the original dwellinghouse” applies to the entire extension (i.e. not just to that part of the extension that extends beyond the original side wall). In other words, the overall width of the proposed extension can not be greater than then half the width of the main house, even if the part of the extension that extends beyond the original side wall does not do so by more than half the width of the house.
[Note: This contradicts several entries below].
[Source: March 2010 - Code a00109].
[Source: “DCLG - Permitted development for householders - Technical guidance” (August 2010)].
[Source:
August 2010 - Code a00131].
[Source: November 2010 - Code a00148].
[Source: December 2010 - Code a00186].
[Source:
January 2011 - Code a00196].

 

·       Under Class A, part A.1(h), where part of a proposed extension would extend beyond an original side wall, the restriction against having “more than one storey” applies to the entire extension (i.e. not just to that part of the extension that extends beyond the original side wall). In other words, no part of proposed extension can have more than one storey, even if the part of the extension that extends beyond the original side wall does not itself have more than one storey.
[Note: This contradicts several entries below].
[Source: January 2011 - Code a00196].

 

·       Under Class A, part A.1(h), where part of a proposed extension would extend beyond an original side wall, the restriction against exceeding “4m in height” applies to the entire extension (i.e. not just to that part of the extension that extends beyond the original side wall). In other words, no part of proposed extension can exceed 4m in height, even if the part of the extension that extends beyond the original side wall does not itself exceed 4m in height.
[Note: This contradicts several entries below].
[Source: January 2011 - Code a00196].

 

·       Under Class A, part A.1(h), where part of a proposed extension would extend beyond an original side wall, the restriction against having “a width greater than half the width of the original dwellinghouse” applies only to that part of the extension that extends beyond the original side wall. In other words, the overall width of the proposed extension can be greater than then half the width of the main house, so long as the part of the extension that extends beyond the original side wall does not do so by more than half the width of the house.
[Note: This contradicts several entries above]
[Source: October 2009 - Code a00035].
[Source: December 2009 - Code a00062].
[Source: January 2010 - Code a00088].

 

·       Under Class A, part A.1(h), where part of a proposed extension would extend beyond an original side wall, the restriction against having “more than one storey” applies only to that part of the extension that extends beyond the original side wall. In other words, the part of the proposed extension that does not extend beyond the original side wall can have more than one storey, so long as the part of the extension that extends beyond the original side wall does not have more than one storey.
[Note: This contradicts several entries above].
[Source: January 2010 - Code a00088].

 

·       Where it is proposed to erect two separate side extensions, one on each side of a detached house, then each of these side extensions could have a width up to half the width of the original house (i.e. this limit would not apply to the combined width of the two side extensions).
[Source: March 2010 - Code a00104]

 

·       Where the width of a property varies, the “width of the original dwellinghouse” should be calculated at its widest point.
[Source: “DCLG - Permitted development for householders - Technical guidance” (August 2010)].

 

·       For the purposes of Class A, part A.1(h), “width” should be measured in the direction parallel with the line of the principal elevation. For example, if the principal elevation is (say) the south elevation, then width should be measured from west to east, and not from north to south.
[Source: July 2010 - Code a00128].

 

 

A.1(i): 

 

·       See entries under separate heading “Interaction between Class A, Class B, and Class C”.

·       See entries under separate heading “Juliette balconies”. 

·       See entries relating to chimneys, flues, and soil and vent pipes under separate heading “Class G”.

 

 

A.2(a): 

 

·       In a conservation area (or other article 1(5) land), Class A, part A.2(a) not only prevents the cladding of the main house, but also prevents the cladding of any extension.
[Source: “DCLG - Permitted development for householders - Technical guidance” (August 2010)].
[Source: January 2011 - Code a00201].
[Source:
April 2011 - Code a00229].

 

·       For a property in a conservation area ( or other article 1(5) land) where the existing house is finished in cladding, the combination of Class A, part A.2(a) and Class A, part A.3(a) would prevent any extension. This is because the former limitation prevents the extension from being finished in cladding, whereas the latter condition prevents the extension from being finished in anything other than cladding.
[Source: April 2011 - Code a00229].

 

 

A.2(b): 

 

·       See entries under separate heading “A side elevation of the original dwellinghouse”.

·       See entries under separate heading “Basements”.

 

·         Class A, part A.2(b) not only prevents a proposed two-storey rear extension, but also prevents a proposed first floor rear extension on top of an existing ground floor rear extension.
[Source: “DCLG - Permitted development for householders - Technical guidance” (August 2010)].

 

 

A.2(c): 

 

·       See entries under separate heading “The rear wall of the original dwellinghouse”.

·       See entries under separate heading “Basements”.

 

 

A.3(a): 

 

·       See entries under separate heading “Materials”.

·       See entries under separate heading “Conditions”.

·       See entries relating to the phrase “of a similar appearance” under separate heading “B.2(a)”.

 

 

A.3(b): 

 

·       See entries under separate heading “A side elevation of the original dwellinghouse”.

·       See entries under separate heading “Obscure-glazed and non-opening”. 

·       See entries under separate heading “Conditions”.

 

 

A.3(c): 

 

·       See entries under separate heading “Conditions”.

·       See entries relating to the phrase “so far as practicable” under separate heading “B.2(b)”.

 

·       An illustration of an extension that complies with this condition is provided in the “DCLG - Permitted development for householders - Technical guidance” (August 2010). 

 

·       The assessment of whether it is “practicable” for the roof pitch of an extension to be the same as the roof pitch of the original house should focus on structural and practical considerations.
[Source: September 2010 - Code a00134].

 

·       Where an applicant claims that it is not practicable for the roof pitch of an extension to be the same as the roof pitch of the original house, the burden of proof is firmly on the applicant to demonstrate that this is not practicable.
[Source: September 2010 - Code a00134].

 

·       Where a property has a hipped roof, it is possible for an extension with a crown roof to comply with Class A, part A.3(c).
[Source: February 2011 - Code a00211].
[Source: April 2011 - Code a00232].

 

·       Where the roof of an extension would have a similar angle to the main roof, but would have a different orientation, it is possible for such an extension to comply with Class A, part A.3(c).
[Source: February 2011 - Code a00206].
[Source: June 2011 - Code a00248].

 

 


  

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