Tuesday 23 April 2019
Rear Extension Not Permitted Development because part of the rear elevation of the two storey house was set back by 10cm therefore it would not fall under PD and planning permission would be required, a Planning Inspector has ruled. The house is in the borough of East Hertfordshire District Council.
The appeal property is a two storey detached house with a single storey side element. The rear elevation of the single storey side element is set back very slightly, approximately 10 centimetres, from the rear elevation of the two storey part of the building. The proposal would entail a single storey extension of up to 8 metres in depth extending across the entire width of the house.
Development is not permitted under Class A (Paragraph A.1 (j) (iii)) where the enlarged part of the dwellinghouse would extend beyond a wall forming a side elevation of the original dwellinghouse, and would have a width greater than half the width of the original dwellinghouse.
The proposed extension would extend beyond a side elevation of the original dwellinghouse, which is the wall forming the eastern elevation of the two storey part of the building. The Inspector acknowledged the appellant’s argument that the single storey element is only set back a very short distance, but that does not prevent the wall from constituting a side elevation for the purposes of the GPDO.
The council considered that because the garage was slightly set back, the resulting 10 centimetre gap should count as a side elevation, and the proposed extension was therefore not permitted development because it would extend beyond that 10cm elevation, and would be wider than half the width of the house. This is a very common scenario and 4D Planning have encountered this many times. In this instance, it would be best to apply for householder planning permission and design an extension which responds positively to planning policy and planning guidance.
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