Single storey rear extension with garage conversion
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Inspector’s Reasoning
Appeal Decision
Site visit made on 23 June 2026 by I Ingledew BSc (Hons)
Decision by L McKay MA MRTPI
an Inspector appointed by the Secretary of State
Decision date: 27 July 2026
Appeal Ref: 6008187
19 Centenary Lane, Wednesbury, West Midlands WS10 7UD
• The appeal is made under section 78 of the Town and Country Planning Act 1990 (as amended)
against a refusal to grant approval required 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 appeal is made by Jaspal Sikand against the decision of Walsall Metropolitan Borough Council.
• The application Ref is 26/0140.
• The development proposed is a single storey rear extension with garage conversion.
Decision
1. The appeal is dismissed.
Appeal Procedure
2. The site visit was undertaken by a representative of the Inspector whose
recommendation is set out below and to which the Inspector has had regard before
deciding the appeal.
Preliminary Matters
3. 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), planning permission is granted for the enlargement of a dwellinghouse
subject to limitations and conditions.
4. Since it is Article 3(1) of the GPDO which permits the classes of development set
out in Schedule 2, an application for prior approval, or for a determination as to
whether prior approval is required, is not an application for planning permission. It
is an application made to comply with a ‘pre-commencement’ condition attached to
that permission under the relevant Class.
5. Where an application is made for prior approval for development which exceeds the
limits in paragraph A.1(f) but is allowed by paragraph A.1(g) to Part 1, paragraph
A.4(3) provides that the local planning authority may refuse the application where it
considers that the proposed development does not comply, or that the developer
has provided insufficient information to enable the authority to establish whether the
proposed development complies with the conditions, limitations or restrictions that
are applicable to such permitted development.
Main Issue
6. The main issue is whether the proposed development would be granted planning
permission by under Article 3(1) and Schedule 2, Part 1, Class A of the GPDO.
Appeal Decision 6008187
2
Reasons for the Recommendation
7. The appeal property is a three storey, narrow, semi-detached property with its
principal elevation facing onto Centenary Lane, with a side and rear elevation
facing onto a public park. A detached garage currently exists to the rear and side of
the appeal property.
8. The proposal would extend across most of the rear elevation of the original
property and link to the existing garage. This would involve connecting the side wall
of the dwelling to the side wall of the garage. As set out in Paragraph A.1(j) of the
GPDO, development is not permitted under Article 3, Schedule 2, Part 1, Class A if
the extension projects beyond a wall forming a side elevation and would have a
width greater than half the width of the original dwellinghouse. The proposed
extension would project beyond a wall that forms the side elevation of the house
and would extend more than half the width of the original dwellinghouse, therefore
would not comply with paragraph A.1(j).
9. Additionally, there are discrepancies between the plans and application form as to
the height of the proposed extension. The appellant has acknowledged these
discrepancies and that the measurements of the proposed extension do not meet
the limitations and conditions of the GPDO. Consequently, I have taken the
Council’s measurements provided within the officer’s report. Paragraph A.1(j)
requires that an extension extending beyond a wall forming a side elevation must
not exceed 4 metres in height. The maximum height of the extension, where it links
the dwelling to the garage, would measure approximately 4.7m in height, exceeding
the limitations of the Order.
10. While the appellant contends that the discrepancies are purely administrative
issues, the nature of a prior notification under Class A is that it involves a technical
assessment of compliance with the legislation. Clear, unambiguous plans are
necessary because any approval would tie the development to precise details. The
fact that there are conflicts between the documents submitted introduces an
evidential inconsistency that goes directly to whether the development falls within
the limitations of Class A. Therefore, it has not been demonstrated that the
proposal satisfies the limitations of Class A.
11. For the reasons above, I therefore conclude that the proposal would fail to meet the
specific requirements outlined in Schedule 2, Part 1, Class A, Paragraph A.1(j) of
the GPDO. Consequently, it would not be development granted planning
permission by Article 3(1) and Schedule 2, Part 1, Class A of the GPDO.
Other Matters
12. The appellant contends that planning harm and material considerations should be
taken into account when considering the scheme and has brought my attention to
planning permission granted for a similar rear and side extension scheme1.
However, this type of appeal requires an assessment to be made based on the
limitations and conditions of the relevant Class of the GPDO. The technical
assessment required against the legislation does not allow for the consideration of
the planning merits or balancing of material considerations. In this respect, it is
fundamentally different to an application for planning permission. Consequently,
these are not matters that weigh in favour of allowing the appeal.
1 25/0719
Appeal Decision 6008187
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Conclusion and Recommendation
13. For the reasons given above and having had regard to all other matters raised, I
recommend that the appeal should be dismissed.
I Ingledew
APPEAL PLANNING OFFICER
Inspector’s Decision
14. I have considered all the submitted evidence and my representative’s report and on
that basis the appeal is dismissed.
L McKay
INSPECTOR
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