Loft conversion over two storey rear extension lawful

A LDC was issued confirming that the owner of a terraced dwelling in Essex could construct a rear dormer and roof extension as permitted development under the GPDO 1995.

The site comprised a two storey end of terrace house with a two storey rear outrigger projection. The submitted plans indicated an L-shaped extension across the rear roof of the main part of the house and the side roof of the outrigger. The parties agreed that the rear dormer fell within Class B of Part 1 to Schedule 2 of the order. However, the council asserted that the proposed extension over the outrigger fell within Class A because it would be one metre greater in height than the highest part of its original roof. It referred to a case in Development Control Practice (DCP) to support its argument.

The inspector decided that the extension over the outrigger could not be divorced from the dormer extension on the main roof of the house. It was an intrinsic part of the scheme and overall would not exceed the highest part of the ridge associated with the main roof. Thus it involved an alteration to the roof under Class B. The case referred to in DCP was materially different because it involved an additional storey being added to a flat roof and in the case before her no additional storey was proposed.

Inspector: Sandra Prail; Written representations

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