Appeal against a refusal of prior approval for a larger home extension
We win dozens of appeals each year for single-storey rear extensions. We are particularly successful with appeals against refusals of prior approval for larger home extensions — the six-metre extensions allowed on terraced and semi-detached houses (and eight metres on detached houses).
In the two months before this decision, we had already won three similar appeals in London boroughs where councils had taken an overly rigid approach.
This case was slightly different.
No neighbour objection
There had been no objection to the extension from any adjoining neighbour. Under the larger home extension regime, that usually means the council has no power to refuse prior approval. If no one objects, the development should proceed.
However, larger home extensions must still comply with the general requirements of permitted development for ground floor extensions. The council argued that this proposal failed that test.
The guttering argument
The council’s refusal turned on an extraordinarily technical point. The guttering on one side of the extension projected slightly beyond the rear wall of the original house. The council argued that this meant the proposal was not truly a “rear extension”.
In other words, because of a minor projection caused by guttering, the development allegedly fell outside the permitted development rules.
We appealed.
The inspector’s decision
The appeal inspector had little time for the council’s interpretation. The government’s own technical guidance on permitted development rights makes clear that minor projections such as guttering should not be taken into account when assessing the depth or alignment of an extension.
The proposal was plainly a rear extension. The council’s interpretation of the rules was wrong.
Prior approval was granted and the extension may proceed.
A reminder about permitted development refusals
This case is a useful reminder that councils sometimes misapply the permitted development rules, particularly when dealing with larger home extensions. The legislation is technical and precise. Minor misunderstandings — or overly literal interpretations — can result in unnecessary refusals.
If you have been refused prior approval for a six- or eight-metre extension, or if a council is taking an overly rigid approach to the permitted development rules, it is often worth considering an appeal.
For advice on appealing planning decisions more generally, see our Ealing planning appeals page.
