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Dismissed14 July 20233293217

44 Havers Avenue, Hersham, Walton-on-Thames, Surrey, KT12 4ND

Planning appeal 3293217 at 44 Havers Avenue, Hersham, Walton-on-Thames, Surrey, KT12 4ND (Elmbridge Borough Council) was dismissed on 14 July 2023 by Inspector Howell M, by written representations. The main issue, as the Inspector framed it: Whether the Council's decision to refuse to issue a Lawful Development Certificate was well-founded, turning on whether the loft conversion was lawful on the date of application and whether it amounts to development permitted by Article 3, Schedule 2, Part 1, Class A of the Town and Country Planning (General Permitted Development) (England) Order 2015.

Hip to gable loft extension and dormer extension, after amendments to non-original crown roof over existing side extension

Authority
Elmbridge Borough Council
Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
residential · Householder developments
Inspector
Howell M
Postcode
KT12 4ND

Main issues, as the Inspector framed them

  • Whether the Council's decision to refuse to issue a Lawful Development Certificate was well-founded, turning on whether the loft conversion was lawful on the date of application and whether it amounts to development permitted by Article 3, Schedule 2, Part 1, Class A of the Town and Country Planning (General Permitted Development) (England) Order 2015

What decided it

The proposed works contravene the General Permitted Development Order Class A paragraphs A.1(i) and A.1(j) regarding proximity to boundary and eaves height limits, and therefore do not constitute permitted development.

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