Planning Appeal

Fuller Long have won an appeal for a two storey rear extension and single storey side extension in Epsom, Surrey, in addition to helping the client gain a separate Lawful Development Certificate for the same property.

The original application was refused by Epsom and Ewell Borough Council on the basis of the impact upon both adjacent properties from the two storey element (loss of light and overbearing).

Fuller Long provided evidence in a householder appeal that there would be no significant loss of light to, over overshadowing on, either neighbours through the submission of a sunlight report.

We successfully demonstrated that in accordance with the General Permitted Development Order 1995 (as amended) Class A, a two-storey rear extension would fall within permitted development. Arguing that because of the properties’ unique design of two half-hips on the gable roof, this was the relevant height to assess permitted development against. Because a two storey rear extension would not be higher than this, in accordance with the technical guidance, the client’s architect was granted a Lawful Development Certificate on the basis of this reasoning.

Our consultant said “this enabled the argument that a marginal difference for the appeal scheme should be acceptable when the granted permitted development fallback position is considered.”

The Inspector concluded that the above evidence submitted by Fuller Long demonstrated that the proposal “would not have a significant adverse effect on the neighbouring occupiers’ living conditions” and planning permission was granted.

If you wish to discuss your permitted development options or an appeal with one of our planning consultants please contact us on 0808 164 1288 for a no obligation conversation.