29 Jul 2022

A reminder that the GPDO has no flexibility has come in the shape of an appeal against the refusal of a certificate of lawfulness for a hip-to-gable extension to a house in north London (DCS Number 400-036-085).

The inspector explained that where an extension would, as a result of the works, extend beyond the plane of any existing roof slope which forms the principal elevation of the dwellinghouse and fronts a highway, it will not be permitted development under Part 1 Class  B.1(c) and will therefore require planning permission.

He observed that the house had a hipped roof, with a uniform slope down to the south-east, except for a small section to the rear of the house, where a second, much smaller road-facing parallel roof slope was set well back on the main roof. He noted that this much less evident roof slope would be altered by the hip-to-gable extension extending this section forward of that existing roof slope. Because of that, the project would not comply with condition B.1(c) of the Order. 

The inspector recognised that his conclusion might seem unduly or harshly uncompromising. He explained, however, that Order concessions are not concerned with matters of planning merit or whether any measured failure to comply with a condition or limitation is large or small. An enlargement scheme, he continued, either precisely complies with the limitations of the Order or it does not. Also, where any part of the scheme does not comply, none of the development is granted planning permission by the Order. He stated that authority for that position is the case of Garland v MHLG [1968], also Fayrewood Fish Farms v SSE & Hampshire CC [1984]. 

Part 1, Class B GPDO rights are set out at section 4.3421 of DCP Online.