Cases - Hammersmith and Fulham Council v Secretary of State for the Environment and Davison

Record details

Name
Hammersmith and Fulham Council v Secretary of State for the Environment and Davison
Date
[1994]
Citation
JPL 957
Keywords
Planning control
Summary

A metal staircase was installed from the existing door of a mansard roof slope down to the flat roof of a two-storey extension. Was the staircase permitted development within Class A or C?

Wrought iron railings, surmounted by a wooden trellis, had been erected around the perimeter of a flat roof. Access to the roof was provided by a metal staircase installed from the existing door in a mansard roof down to the flat roof. Class B does not permit development which results in any part of the dwellinghouse exceeding the height of the highest part of the roof. (There is a similar provision in Class A). So the main issue for the judge was whether the words 'highest part of the roof' refer to the roof of the dwellinghouse as a whole, or that part of the roof where the alterations were made. He held the former. He saw no reason to cut down the scope of the words for to do so would create difficulties where roofs were complex.

The inspector had decided that it fell within Class A as an alteration to the dwellinghouse. It was contended in the High Court that, as it was fixed to the roof it fell outside Class A (Class A excludes alterations to the roof). The judge stated that this was a question of fact. The staircase is 'clearly different from the parapet wall in the Richmond case' and, although it was possible that on the facts it might be an alteration to the roof, it was far from clear that it was. However, the judge did not have to decide that question because if it were an alteration to the roof, it fell within Class C anyway. 'Shape' of a dwellinghouse undoubtedly meant more than just external appearance, otherwise Class C could never apply, and he took the view that, in this case, the staircase could not be said to affect the shape of the dwellinghouse materially, or otherwise.