The appeal property comprised a 1930s house that had been enlarged by a 33m3 flat-roofed kitchen extension. The appellants maintained that the 30m3 roof extension was permitted under class B, part 1, schedule 2 of the General Permitted Development Order 1995 because it would not breach the 50m3 limit specified in the class.
The council maintained that the size, design and scale of the proposal exceeded what might be regarded as an addition or alteration to the roof. It highlighted the increase in the height of the gable walls, which it claimed were not part of the roof. In its view, the proposal should be considered as an extension under class A, part 1, schedule 2 of the order. But the inspector decided that the council had given undue emphasis to the situation after the works were completed.
The scheme involved the provision of additional accommodation under an extended roof and this would be constructed entirely above the level of the eaves, he found. In his opinion, the proposal clearly involved an addition or alteration to the roof and there was nothing in class B to prevent the extension from being flanked by vertical gable walls rather than roof tiles.
DCS Number 100-050-425
Inspector John Parnell; Written representations.