An inspector dealing with an appeal against the refusal of a lawful development certificate for a dormer extension at a house in east London has ruled that firewall upstands are not part of the roof (DCS Number 400-020-327).
As with virtually all London terraced properties, the inspector observed, the walls between each dwelling projected beyond the roofline in order to form a fire break. He agreed with a colleague’s reasoning in a similar appeal in 2009 (DCS Number 100-064-232), deciding that the two side walls amounted to part of the framework of the building to which the roof was attached, and were not part of the roof. Consequently, he determined, an extension which built on top of those side walls would amount to an upward extension of the dwelling itself and not just an alteration or extension to the roof. In which case, he found that the council was correct to consider the dormer extension under Class A, of Part 1, Schedule 2 to the GPDO.
The inspector concluded overall that the development would contravene the requirements of Class A and would not amount to permitted development.
Section 12.413 of DCP Online concerns dormer and roof extensions.