DC Casebook: Householder Development - Ground rules established on extension

An enforcement notice requiring the demolition of a building in the rear garden of a house in West Yorkshire has been struck down after an inspector ruled that its height fell within permitted development limits.

Construction had begun in June 2008 and the building now extended across almost the full width of the garden. The council claimed that it failed to comply with the provisions of class E, part 1, schedule 2 of the General Permitted Development Order (GPDO) 1995 because the ridge exceeded the 4m height limit.

The inspector measured the top of the ridge, which varied between 3.5m at one end and 4.15m at the other due to varying ground levels. He cited article 1(3) of the GPDO, which states that where the ground level is not uniform the height of the building should be construed by reference to the highest part of the surface adjacent to the building. On this basis, he held that the building was 3.5m high and so was permitted development.

DCS Number 100-064-243

Inspector David Brier; Written representations

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