Almond Villa, Southport Road, Scarisbrick, Lancashire, L40 9RE

single storey side extensions on the west and east elevations

Authority: West Lancashire District Council
Appeal type: ldc · Lawful Development Certificate
Procedure: Written Representations
Development: residential · Householder developments
Inspector: Moore D

Main issues, as the Inspector framed them

Whether the land on which the proposed single storey side extensions would be sited falls within the curtilage of the dwellinghouse and thus would constitute permitted development under the GPDO

What decided it

The land on which the extensions would be sited forms part and parcel with the bungalow, is intimately associated with it, and serves the residential purpose in a reasonably useful way, and therefore falls within the curtilage of the dwellinghouse.

Judgments cited: Methuen-Campbell v Walters [1979] 1 QB 525; Dyer v Dorset CC [1988] 3 WLR 213; McAlpine v SSE [1995] 159 L.G. Rev. 429; R (oao Sumption) v Greenwich LBC [2007] EWHC 2276 (Admin); Sinclair-Lockhart's Trustees v Central Land Board [1950] 1 P&CR 195; Skerritts of Nottingham Ltd v SSETR (No. 1) [2000] EWCA Civ 60; Lowe v First Secretary of State [2003] EWHC 537 (Admin); Burford v SSCLG [2017] J.P.L. 1300; Attorney-General ex rel. Sutcliffe and Others v Calderdale Borough Council [1983] 46 P&CR 399

Read the decision letter on the Inspectorate’s site

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