Single storey rear extension 5.615m

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Appeal Decision Site visit made on 21 July 2026 by A Chan Markovitz BA (Hons) Decision by Tamsin Law BSc MSc MRTPI an Inspector appointed by the Secretary of State Decision date: 22 September 2026 Appeal Ref: 6009960 22 Woodside Close, Walsall, West Midlands  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 Mr James Pettitt against the decision of Walsall Metropolitan Borough Council.  The application Ref is 26/0181.  The development proposed is “single storey rear extension 5.615m”. 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. Applications for costs 3. An application for costs was made by Mr James Pettitt against Walsall Metropolitan Borough Council. This is subject to a separate decision. Preliminary Matters 4. 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. 5. Where an application is made for a determination as to whether prior approval is required 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 development applied for would be granted planning permission by Article 3, Schedule 2, Part 1, Class A of the GPDO. Appeal Decision 6009960 2 Reasons for the Recommendation 7. Permitted development rights granted through the GPDO are subject to a number of conditions and limitations, including those set out in Article 3, Schedule 2, Part 1, Class A, paragraph A.4(10) of the GPDO. This paragraph states that the development applied for must not begin before either the Council notifies the appellant that prior approval is not required, the Council notifies the appellant that prior approval is given, or the Council does not notify the appellant as to whether prior approval is given or refused within 42 days from the date that the application for the development was received by the Council. The proposed development cannot benefit from permitted development rights if the conditions set out in paragraph A.4(10) are not met and work begins before confirmation has been given, or a decision has failed to be given, within the 42-day timeframe. 8. The Council notified the appellant that prior approval was refused on 19 March 2026. There is no dispute between the parties that the Council notified the appellant that prior approval was refused within 42 days from the date that the application was received by the Council. From the evidence before me, I see no reason to disagree. 9. I undertook my site visit to assess the appeal on 21 July 2026. On my site visit, I observed that development of a single-storey rear extension, as applied for, had begun. It appeared that a foundation had been laid, and walls constructed around it, of the form and scale of the single-storey rear extension shown on the submitted plans and described in the application form. Given that prior approval must be given before work begins, it is not possible for prior approval to be given retrospectively through this appeal, and the appeal can be dismissed on the basis that the development as applied for has begun. 10. The Council refused the application as they considered that the proposed development would not comply with Article 3, Schedule 2, Part 1, Class A, paragraphs A.1(j), A.1(ja) and A.4(3)(b) of the GPDO. As development has begun, I cannot further assess the development’s compliance with the GPDO. 11. Consequently, as development has begun, the development applied for is not permitted development and would not be granted planning permission by Article 3(1) and Schedule 2, Part 1, Class A of the GPDO. Conclusion and Recommendation 12. For the reasons given above and having had regard to all other matters raised, I recommend that the appeal should be dismissed. A Chan Markovitz APPEAL PLANNING OFFICER Inspector’s Decision 13. I have considered all the submitted evidence and my representative’s report and on that basis the appeal is allowed. Tamsin Law INSPECTOR
£ Costs decision section
Costs Decision Site visit made on 21 July 2026 by A Chan Markovitz BA (Hons) Decision by Tamsin Law BSc MSc MRTPI an Inspector appointed by the Secretary of State Decision date: 22 September 2026 Costs application in relation to Appeal Ref: 6009960 22 Woodside Close, Walsall, West Midlands  The application is made under the Town and Country Planning Act 1990, sections 78, 322 and Schedule 6, and the Local Government Act 1972, section 250(5).  The application is made by Mr James Pettitt for a full award of costs against Walsall Metropolitan Borough Council.  The appeal was against the refusal of planning permission for “single storey rear extension 5.615m”. Decision 1. The application for an award of costs is allowed in the terms set out below. Procedure 2. An Appeal Planning Officer has set out the recommendation below, to which the Inspector has had regard before deciding the application. Reasons 3. Parties in planning appeals normally meet their own expenses. However, the Planning Practice Guidance (PPG) advises that costs may be awarded against a party who has behaved unreasonably and thereby caused the party applying for costs to incur unnecessary or wasted expense in the appeal process. The PPG states that although costs can only be awarded in relation to unnecessary or wasted expense at the appeal or other proceeding, behaviour and actions at the time of the planning application can be taken into account in the Inspector’s consideration of whether or not costs should be awarded. 4. The PPG lists examples of unreasonable behaviour which may give rise to an award of costs against a Council. These include lack of co-operation with the other party or parties; and refusing to enter into pre-application discussions, or to provide reasonably requested information, when a more helpful approach would probably have resulted in either the appeal being avoided altogether, or the issues to be considered being narrowed, thus reducing the expense associated with the appeal. 5. In 2022, the applicant’s prior approval application1 (the 2022 application) for a single-storey rear extension at 22 Woodside Close was granted. The Council was aware of this planning history, as they mention it in their officer report when determining the applicant’s recent prior approval application2 (the 2026 application) for a single-storey rear extension at the same site and of the same scale as the previously granted development. 1 22/1220 2 26/0181 Costs Decision 6009960 2 6. The Council refused the 2026 application and sent a decision notice on 19 March 2026. They gave sufficient explanation as to why the 2026 application was refused, but did not provide any information as to why there was a different outcome to the 2022 application when both applications were for the same development. 7. The applicant sought to understand why this situation was different and made numerous attempts to contact the Council for further information. The Council were given ample opportunity to discuss the outcome of the 2026 application and provide the further information that the applicant was seeking, but they did not. The applicant then appealed the decision on 19 May 2026. The Council only confirmed that they had incorrectly determined the 2022 application in their costs rebuttal sent in after the applicant had appealed the decision. 8. If the Council had engaged with the applicant in a timely manner, then the applicant would not have had to appeal the decision in order to understand why the 2026 application had been refused. The Council did not co-operate with the applicant and did not provide reasonably requested information, when a more helpful approach would probably have resulted in the appeal being avoided altogether. 9. For the reasons given above, the Council have behaved unreasonably and thereby caused the applicant to incur unnecessary or wasted expense in the appeal process. A full award of costs against the Council is therefore warranted. Costs Order 10. In exercise of the powers under section 250(5) of the Local Government Act 1972 and Schedule 6 of the Town and Country Planning Act 1990 as amended, and all other enabling powers in that behalf, IT IS HEREBY ORDERED that Walsall Metropolitan Borough Council shall pay to Mr James Pettitt, the costs of the appeal proceedings described in the heading of this decision; such costs to be assessed in the Senior Courts Costs Office if not agreed. The applicant is now invited to submit to Walsall Metropolitan Borough Council, to whom a copy of this decision has been sent, details of those costs with a view to reaching agreement as to the amount. A Chan Markovitz APPEAL PLANNING OFFICER Inspector’s Decision 11. I have considered all the submitted evidence and the Appeal Planning Officer’s report and concur that a full award of costs is justified in this case. Tamsin Law INSPECTOR
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