Casebook: Appeal cases - Householder development - Garage held not to affect dormer lawfulness

An inspector has issued a lawful development certificate for the construction of a dormer window and installation of a roof light at a semi-detached house in north London, concluding that both were permitted development.

Both parties agreed that the cubic content of the dormer was less than 50m3 and, when taken in combination with a porch, would be less than 70m3.

However, the council claimed that the 38m3 cubic content of a garage should be included in assessing the size of the "resulting building", leading to a breach of the limits prescribed under class B, part 1, schedule 2 of the General Permitted Development Order 1995.

The inspector noted that the garage lay around 2.4m from the rear wall of the house and had been built at the same time around 1950. The proposed dormer would not alter the relationship of the house to the garage, he found. Accordingly, he judged that it was incorrect to regard the garage as an "enlargement" of the dwellinghouse and therefore its cubic content should not be included in the calculation.

DCS No: 34878212; Inspector: Graham Bailey; Written representations.


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