Appeal 3352930

The appeal is allowed and prior approval is not required under the provisions of Article 3(1) and Schedule 2, Part 1, Class A of the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended) for a side/rear single storey extension maximum height above highest point of original ground level adjacent to the extension of 3950mm and being 6000mm wide which is less than half the width of the original dwelling house and extending to the rear beyond but not attached to the original rear wall of the dwelling house by 7950mm at [site address] , Barnt Green, Worcestershire [postcode] in accordance with the application reference 24/00605/HHPRIO and the details submitted with it, including the following plans: Untitled location plan, [address] [name]/Rear (RHS) June 24, [address] [name]/Rear (RHS) (June 24), [address] Side/Rear Permitted Development Proposed Elevations.

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) (GPDO), planning permission is granted for the enlargement of a dwellinghouse subject to certain limitations and conditions.

Where an application is made for 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) of Part 1, paragraph A.4(3) provides that the local planning authority may refuse the application where it considers the proposed development does not comply with the conditions, limitations or restrictions that are applicable to such development. The Council refused the application on this basis.

Therefore, the main issue in this appeal is whether the proposed development would be granted planning permission by Article 3, Schedule 2, Part 1, Class A of the GPDO.

The appeal property is a detached dwelling set in spacious grounds. The proposed development would add a single storey side and rear extension to the property.

The Council considers that the proposal is not permitted development because the rear extension is not attached to the rear wall of the dwelling. However, the Permitted Development Rights for Householders Technical Guidance (2019) does not preclude this scenario. Rather, it states that an extension on a side wall that extends beyond a rear wall, but is not attached to a rear wall, will be subject to the restrictions that apply to rear walls as well as the restrictions on side walls.

The proposed extension to the side of the property would be less than 4 metres in height, single-storey, and it would not have a width greater than half the width of the original dwellinghouse. Therefore, the proposal would accord with paragraph A.1(j). At 7.95 metres, and at the height proposed, the rear extension would comply with paragraph A.1(g) in respect of rear walls. The Council does not state that the proposal would not meet any of the other limitations set out in [name].1. Based on the evidence before me, I have no reason to disagree. The proposal therefore benefits from the provisions of Schedule 2, Part 1, Class A of the GPDO.

[name].4(7) states that where any owner or occupier of any adjoining premises objects to the proposed development, the prior approval of the local planning authority is required as to the impact of the proposed development on the amenity of any adjoining premises. The decision notice confirms that no such objections have been received and, consequently, prior approval is not required.

For the reasons given above, I conclude that the appeal should be allowed and prior approval is not required.