Single storey extension to the rear of the existing house with a rearwards extension of no greater than 6m and a width of 3.2m (which is no greater than half the width of the original house (6.5m)). Matching construction materials will be used. The ridge height of the roof of the proposed extension will be 3.15m (no greater than 4m) and the height of the eaves will be 2.85m (no greater than 3m)
📊
See the success rate & inspector analytics
Free to view — just create an account, no payment needed.
Sign Up FreeTechnical Issues Heatmap
Extensions
Inspector’s Reasoning
Appeal Decision
Site visit made on 22 October 2018
by K Ford MSc MRTPI
an Inspector appointed by the Secretary of State
Decision date: 12 November 2018
Appeal Ref: APP/G3110/D/18/3203498
67 Abingdon Road, Oxford, Oxfordshire OX1 4PR
The appeal is made under section 78 of the Town and Country Planning Act 1990
against a refusal to grant approval required under part 1, Class A of the Town and
Country Planning (General Permitted Development) Order 2015 (as amended).
The appeal is made by Mr Nathan Pike against the decision of Oxford City Council.
The application Ref 18/00684/H42, dated 9 March 2018, was refused by notice dated
16 April 2018.
The development proposed is described as a single storey extension to the rear of the
existing house with a rearwards extension of no greater than 6m and a width of 3.2m
(which is no greater than half the width of the original house (6.5m)). Matching
construction materials will be used. The ridge height of the roof of the proposed
extension will be 3.15m (no greater than 4m) and the height of the eaves will be 2.85m
(no greater than 3m).
Decision
1. The appeal is dismissed.
Main Issue
2. The main issue is whether the proposal constitutes permitted development
under Article 3(1) and Schedule 2, Part 1, Class A of the Town and Country
Planning (General Permitted Development)(England) Order 2015 (as amended)
(the GPDO).
Reasons
3. The appeal relates to the erection of what is described as a single storey rear
extension which would have a depth of some 6 metres and a maximum height
of some 3.15 metres. At the time of my site visit it was evident that
construction of the extension had begun.
4. Schedule 2, Part 1, paragraph A of the GPDO allows for the enlargement,
improvement or other alteration of the original dwelling house. The GPDO
states that development is not permitted by Class A if ‘the enlarged part of the
dwelling would extend beyond a wall forming a side elevation of the original
dwellinghouse and would (i) exceed 4 metres in height; (ii) have more than a
single storey; or (iii) have a width greater than half the width of the original
dwelling’.
5. However, paragraph A.4(1) applies conditions to development permitted by
Class A in the above circumstances, as set out in paragraph A.4.(2)(a) to (e).
Appeal Decision APP/G3110/D/18/3203498
2
Important to these conditions is the requirement at paragraph A.4.(2) that the
requirements of (a) to (e) must be provided before the beginning of
development. Paragraph A.4.(10) confirms the circumstances in which the
development may begin.
6. Under the provisions of the GPDO if work has commenced on the development
it would no longer benefit from approval granted by Class A.
Conclusion
7. For the reasons identified, and having regard to all other matters raised, the
scheme cannot benefit from deemed permission under Schedule 2, Part 1,
Class A of the GPDO. I therefore conclude that the appeal should be dismissed.
K Ford
INSPECTOR
Expert Representation
Don't leave your appeal to chance.
Inspectors are inconsistent. We build a technical defense using precedents from our 182,000+ case archive.
No win, no fee Householder representation — you only pay if you win.