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Thursday, February 08, 2007 4:59 PM
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Would you clarify the way that the volume limits for dormer windows under class B, part 1, schedule 2 of the General Permitted Development Order 1995 should be assessed, particularly where there is a garage within 5m of the dwellinghouse? My understanding is that the provisions of paragraph A.3(b) under class A do not apply and that only additions to the original dwellinghouse should be taken into account. Is this correct? ID
The application of this provision continues to cause difficulties and has given rise to inconsistencies in approach. Paragraph B.1(d) provides that the volume of the "resulting building" following a roof enlargement, which would include dormer windows, should not exceed the volume of the original dwellinghouse by specified amounts.
The "resulting building" is defined under the interpretation of part 1 at paragraph I as meaning the dwellinghouse as enlarged, improved or altered, "taking into account any enlargement, improvement or alteration to the original dwellinghouse", whether permitted by this part or not.
So it is necessary to consider whether there has been any enlargement to the original dwellinghouse under class A and, in accordance with paragraph A.3(b), whether that has brought it to within 5m of any existing curtilage building.
However, the practice of inspectors recently has been that where any garage within 5m of a dwellinghouse was built either before 1 July 1948 or at the same time as the original dwellinghouse, it will not be included within the "resulting building" and deducted from the permitted development allowance.
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