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) 

Enlarged Part of The Dwelling House

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·       The examples on page 26 and 27 of the “CLG - Permitted development for householders - Technical guidance” indicate that the phrase “the enlarged part of the dwellinghouse” not only applies to the proposed extension, but also includes any previous extension to which the proposed extension would be attached.  This would have a number of implications, some of which would contradict the conclusions of various appeal decisions.  For example, if a terrace property has an existing single storey rear extension covering part of the rear elevation to a depth of 3.1m, then it would not be possible to attach any new single storey rear extension covering the remaining part of the rear elevation (even if the depth of the latter part was 3m or less).  Indeed, this would imply that where a property has any existing extension that would not in itself be permitted development under the current legislation, then any new extension attached to this existing extension would automatically fail to be permitted development.
[Note: This contradicts the entry two below].
[Source: “DCLG - Permitted development for householders - Technical guidance” (August 2010)].  

·       This appeal decision states, or implies, that the phrase “the enlarged part of the dwellinghouse” not only applies to the proposed extension, but also includes any previous extension (i.e. non-original part of the application site) to which the proposed extension would be attached.
[Note: This contradicts the entry below].
[Source: June 2010 - Code a00125]. 

·       This appeal decision states, or implies, that the phrase “the enlarged part of the dwellinghouse” only applies to the proposed extension, and does not include any previous extension (i.e. non-original part of the application site) to which the proposed extension would be attached.
[Note: This contradicts the entry above and the entry two above].
[Source: October 2010 - Code a00146].
[Source: November 2010 - Code a00157].
[Source: May 2011 - Code a00245]. 

·       A projecting canopy can be classed as an “enlarged part of the dwellinghouse”.  This means that such a structure would be restricted by the various projection limits of Class A (e.g. A.1(d), A.1(e), A.1(f), A.1(h), and A.2(b))
[Source: June 2011 - Code a00251]. 

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