To form two additional storeys on an existing dwellinghouse. The proposal is for over the principle part of the building only. The proposed two floors will match the existing, with painted white render and black window frames, styles to match. The copper ‘verde’ roof will be raised the required 5.7 metres
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Inspector’s Reasoning
Appeal Decision
Site visit made on 27 January 2022
by T J Burnham BA (Hons) MSc MRTPI
an Inspector appointed by the Secretary of State
Decision date: 18 February 2022
Appeal Ref: APP/R5510/D/21/3285708
231 Long Lane, Hillingdon, Middlesex UB10 9JP
• The appeal is made under section 78 of the Town and Country Planning Act
1990 against a refusal to grant approval required under Article 3(1) and Schedule
2, Part 1, Class AA of the Town and Country Planning (General Permitted
Development)(England) Order 2015 (as amended).
• The appeal is made by Mr Mark Baldwin (plansdesigned) against the decision of the
Council of the London Borough of Hillingdon.
• The application Ref 65967/APP/2021/2986, dated 29 July 2021, was refused by notice
dated 10 October 2021.
• The development proposed is to form two additional storeys on an existing
dwellinghouse. The proposal is for over the principle part of the building only. The
proposed two floors will match the existing, with painted white render and black window
frames, styles to match. The copper ‘verde’ roof will be raised the required 5.7 metres.
No new windows are proposed to the sides.
Decision
1. The appeal is dismissed.
Procedural Matter
2. The description of the proposal has altered from the application form to the
decision notice. That on the application form adequately describes the proposal
and I have considered the appeal on this basis.
Main Issue
3. The main issue is whether the proposed development complies with the
conditions, limitations or restrictions applicable to enable it to be permitted
development.
Reasons
4. Schedule 2, Part 1, Class AA of the Town and Country Planning (General
Permitted Development)(England) Order 2015 (as amended) (GPDO) amongst
other things grants permitted development rights for the enlargement of a
dwellinghouse consisting of the construction of up to two additional storeys,
where the existing dwellinghouse consists of two or more storeys.
5. Under AA.1.(c) development is not permitted by Class AA if the dwellinghouse
was constructed before 1st July 1948 or after 28th October 2018. The evidence
indicates that substantial works were undertaken to the property in 2009.
However, considering the planning history at the site and the submitted
evidence, there is nothing within the evidence which confirms that these works
Appeal Decision APP/R5510/D/21/3285708
2
amounted to the construction of a new dwelling at that time. Nothing within the
evidence indicates when the dwelling was originally built.
6. In line with AA.3.(Procedure for applications for prior approval) (3)(b) the
application can be refused where the developer has provided insufficient
information to enable it to be established whether the proposed development
complies with any conditions, limitations or restrictions.
7. Therefore, regardless of the disagreement between the parties in relation to
AA.1 (h) (floor to ceiling heights), I cannot therefore establish whether the
proposed development complies with the limitation outlined at Schedule 2, Part
1, Class AA - AA.1.(c) of the GPDO and the development falls outside the
permitted development right.
8. Given that this is the case it would not be appropriate to make any
determination on the prior approval matters under AA.2. on which there are
further areas of disagreement between the parties.
Conclusion
9. For the reasons given above, I conclude that the appeal should be dismissed.
T J Burnham
INSPECTOR
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