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Planning appeal decision

Allowed4 April 20223283694

18 Elfindale Road, London, SE24 9NW

Planning appeal 3283694 at 18 Elfindale Road, London, SE24 9NW (London Borough of Southwark) was allowed on 4 April 2022 by Inspector Whalley J, by written representations. The main issue, as the Inspector framed it: Whether the proposed dormer roof extension complies with Condition B.2(b)(i)(bb) of Schedule 2, Article 3, Part 1 of the Town and Country Planning (General Permitted Development) (England) Order 2015, specifically the requirement that the edge of the enlargement closest to the eaves of the original roof shall be not less than 0.2 metres from the eaves.

Construction of a dormer roof extension over the rear outrigger and replacement of one rooflight on the rear flat roof

Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
residential · Householder developments
Inspector
Whalley J
Postcode
SE24 9NW

Main issues, as the Inspector framed them

  • Whether the proposed dormer roof extension complies with Condition B.2(b)(i)(bb) of Schedule 2, Article 3, Part 1 of the Town and Country Planning (General Permitted Development) (England) Order 2015, specifically the requirement that the edge of the enlargement closest to the eaves of the original roof shall be not less than 0.2 metres from the eaves

What decided it

The Council's interpretation of Condition B.2(b)(i)(bb) was incorrect because it wrongly applied the 0.2 metre setback requirement to the rake (gable wall junction) rather than to the eaves, and failed to apply the exemption for hip-to-gable enlargements.

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The authority’s record since 2016 · every decision in 2022

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The main issues, what decided it, the planning balance and the policies and judgments listed as cited are read from the published letter by Town Planner Pro and are our summary, not the Inspector’s words; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.

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