In, out, in, out…..
In a case involving a garage extension at a house in Surrey (DCS Number 400-016-084), an inspector has pointed out that with regard to eaves overhangs there is a difference between Class A of the GPDO, which deals with extensions to dwellinghouses and Class E, which deals with buildings incidental to the enjoyment of a dwellinghouse.
The appellant argued that the council had ignored roof overhangs and gutters for the purposes of measuring the two metre distance to the boundary when it had granted a certificate of lawfulness for a rear extension, so it was inconsistent to now include them when considering the garage extension.
The inspector explained that there is no specific advice in the Technical Guidance for Class E about how to measure the distance between the boundary and a building and no mention of ignoring guttering or an overhanging roof. In fact, he found, the guidance is quite clear “If any part of the building, container or enclosure is within two metres of the boundary of the curtilage of the house, then the height limit for the whole development is restricted to 2.5 metres if it is to be permitted development”. In the appeal before him the overhanging element of the roof and guttering were part of the building proposed and those parts would be closer than two metres to the boundary. The roof was too tall, and therefore the proposed extension to the garage was not permitted development.
Any ideas, dear readers, as to why overhangs should be in or out of the calculations according to which Class of the GPDO the development falls within?
The following DCP section is relevant: 4.3421