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) 

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

Class E development

Class E:  

·       Appeal decisions (or parts of appeal decisions) that relate to whether or not an outbuilding accords with the phrase “required for a purpose incidental to the enjoyment of the dwellinghouse as such” are not summarised in this document.  Instead, these appeal decisions are listed towards the end of this document, with (where possible) a summary of the types of rooms involved, and an indication of whether or not the Inspector found them to be “incidental”.  

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

E.1(a): 

·       Xxx  

E.1(b): 

·       See entries under separate heading “Principal Elevation”.  

·       The phrase “situated on land forward of a wall forming the principal elevation of the original dwellinghouse” applies not just to the area directly in front of the wall, but also to the area in front of the imaginary line of the wall when extended to either side.
[Source: 16 July 2009 – 12B Pound Pill].
[Source: 2 December 2009 – 2 David Nicholls Close].
[Source: 30 April 2010 – Deepwood, Henley Road].  

E.1(c): 

·       Xxx  

E.1(d): 

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

·       Where parts of a proposed outbuilding are within 2m of a boundary, the 2.5m height limit applies not just to those parts within 2m of the boundary, but to all parts of the proposed outbuilding.
[Source: 9 November 2009 – 13 Hawthorn Close].
[Source: 18 January 2010 – The Chalet, 8 Pilgrims Way].
[Source: 26 January 2010 – 7 Isis Close].
[Source: 21 April 2010 – Beech Coppy, Bradford Lane].
[Source: 26 May 2010 – 53 Chillerton Road].
[Source: 11 June 2010 – 83 Bodley Road]. 

·       Where an existing outbuilding is within 2m of a boundary and has a height greater than 2.5m, an extension to this outbuilding is still subject to the 2.5m height limit.
[Source: 9 November 2009 – 13 Hawthorn Close]. 

·       Where the walls of an outbuilding would not be within 2m of a boundary, but the eaves of the outbuilding would overhang to slightly within 2m of a boundary, then the 2.5m height restriction of E.1(d) would apply.
[Source: 11 June 2010 – 83 Bodley Road]. 

E.1(e): 

·       See entries relating to the phrase “eaves” under separate heading “A.1(c)”  

·       See entries relating to the phrase “eaves” under separate heading “A.1(g)”.  

·       Where an outbuilding has a flat roof, the edge of this flat roof would not constitute “eaves”.
[Source: 23 November 2009 – 62 Warwick Road]. 

E.1(f): 

·       Xxx  

E.1(g): 

·       See entries relating to “Juliette balcony” under separate heading “A.1(i)”.  

·       Where a proposed outbuilding would involve a raised platform with height greater than 300mm, it would not be permitted development.
[Source: 22 September 2009 – Bywood, Honeypot Lane]. 

E.1(h): 

·       See entries under separate heading “Class E”.  

·       Where a proposed outbuilding would include a bedroom, which would add to the ordinary living accommodation provided by the property, it would not be permitted development.
[Source: 22 September 2009 – Bywood, Honeypot Lane]. 

E.1(i): 

·       Xxx  

E.2: 

·       Xxx  

E.3: 

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

·       It is not true that the phrase “situated on land between a wall forming a side elevation of the dwellinghouse and the boundary of the curtilage of the dwellinghouse” applies to the entire area between the imaginary line of the side wall when extended to either side and the line of the side boundary.  However, this appeal decision does not state whether the area that this condition does apply to is only the area that can be covered by a straight line drawn perpendicular from the side wall to the side boundary, or whether it is also the area that can be covered by a straight line drawn at an angle from the side wall to the side boundary.
[Source: 2 December 2009 – 2 David Nicholls Close].  

E.4: 

·       Xxx  

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