Oh no it isn’t!

Well, we are approaching pantomime season.

An appeal against refusal of a lawful development certificate for a loft conversion with dormer windows at a house in south London has been dismissed, the inspector finding that, despite the appellant’s belief that he lived in a detached house, permitted development limits relating to a terrace house applied (DCS Number 400-024-188).

Based on Land Registry information, the appellant considered the property to be a detached dwelling. “Oh yes, it is!” The inspector, however, recorded that Class B of Schedule 2, Part 1 of the GPDO provides permitted development rights for the enlargement of a house consisting of an addition or alteration to its roof subject to certain limitations and conditions. Paragraph B.1(d) limits the resulting roof space to 40 cubic metres in the case of a terrace house, or 50 cubic metres in any other case. He noted that the DCLG Technical Guidance ‘Permitted development rights for householders’, April 2017, defines ‘terrace house’ as meaning a dwellinghouse situated in a row of three or more dwellinghouses used or designed for use as a single dwellings, where a) it shares a party wall with, or has a main wall adjoining the main wall of the dwellinghouse on either side, or b) if it is at the end of a row, it shares a party wall with or has a main wall adjoining the main wall of a dwellinghouse which fulfils the requirements of subparagraph a).

The inspector observed that the property sat within a row of seven two-storey residential properties. Although they appeared as separate two-storey dwellings they had some degree of attachment to their neighbours and in the case of the appeal property, attached garages linked with the neighbours either side. Accordingly, he declined to issue a lawful development certificate.

Section 4.3421 of DCP Online covers permitted development rights in respect of development within the curtilage of a dwellinghouse.