Hilton v Secretary of State for Communities and Local Government (CO/309/2016)
The High Court in Hilton v Secretary of State for Communities and Local Government (CO/309/2016) has clarified the meaning of the 'enlarged part of the dwellinghouse' for the purposes of Class A of Part 1 of Schedule 2 to the Town and Country Planning (General Permitted Development) (England) Order 2015.
The case concerned an application for prior approval in respect of a single storey rear extension. However, a two-storey rear extension had already been constructed pursuant to an express planning permission. The relevant general permitted development rights in question were Class A which provides for the enlargement of dwellinghouses. However, relevant to the present case, paragraph A.1(g) excludes from permission where:
"the enlarged part of the dwellinghouse would have a single storey and – (i) extend beyond the rear wall of the original dwellinghouse by more than 8 metres in the case of a detached dwellinghouse, or 6 metres in the case of any other dwellinghouse, or (ii) exceed 4 metres in height."
On appeal the inspector concluded that the prior extension should be included as part of the enlarged part of the dwellinghouse when assessing the new extension. Therefore, as the original extension was two stories, the appeal was dismissed.
The Court held that the Inspector was wrong. It found that the correct interpretation should be that the "enlarged part of a dwellinghouse" for the purposes of Class A includes only that which was being proposed under Class A. Prior extensions should not be included. As such the inspector's decision was quashed as the single storey extension was within Class A.
Lessons: When assessing the exclusions to Class A general permitted development rights reference to the "enlarged part of a dwellinghouse" should be interpreted in reference only to the proposed new extension, and not include any past extensions.
