Inaccurate evidence regarding original dwelling size prevents issue of LDC

A dormer window and single storey rear and side extensions at a semi-detached dwelling in a residential area of west London were granted a lawful development certificate in part and refused one in other parts in a re-determined appeal decision following the quashing of the previous decision at the High Court.

The dormer roof extension as proposed and as constructed was found to be permitted development and a LDC issued for that element. The lawfulness of the side and rear elements of the proposed ground floor extensions was tied into whether the small lean-to element of the building, as it was prior to the present works being undertaken, was part of the original building and its size/arrangement.

The council maintained the lean-to extension to the property was not integral or part of the original building as it was an outside coal shed only accessible from the outside. But the inspector disagreed and held the outhouse was still integral and as it was built before 1948, formed part of original dwellinghouse for the purposes of assessing permitted development rights. However, he held he could not grant a LDC for the proposed and constructed rear and side extension because the applicant’s evidence as to the size of the original lean-to was inaccurate and imprecise as per F W Gabbitas v SSE and Newham LBC [1985], and so it was impossible to tell if the extensions were permitted development or not.

Inspector: Graham Dudley; Hearing

 


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