[2024] UKUT 62 (LC)

The application was made on 25 November 2022 and sought modification of the covenant to enable two separate construction projects to be undertaken.

The first is a ground floor addition at the rear of the properties which will extend the kitchen/dining area. The external dimensions of the extensions are modest, being some 3.0 metres in depth (albeit a little more in the case of numbers 22 and 24; it will be recalled that the courtyards are bigger at the south end of the terrace, see paragraph 9 above and the plan at paragraph 7) and extending the full width of the house, which from the plans supplied in evidence appears to be about 4.4 metres. Planning permission is not required for the ground floor extensions numbers 4 to 20 because the works constitute permitted development under the Town and Country Planning (General Permitted Development) (England) Order 2015. At numbers 22 and 24 where the extensions exceed 3 metres in depth planning permission was required and obtained but has now lapsed.

Mr Patel has obtained, for each of his properties other than numbers 22 and 24, certificates of lawfulness of proposed development under section 192 of the Town and Country Planning Act 1990. This means that the planning authority has certified that the carrying out of the extension works would be lawful.

The second set of works is to convert the loft space in each of the houses to a habitable room, with a shower room and WC; the applicants’ Statement of Case states that the intention is to convert these three-bedroomed houses into four-bedroomed houses, although obviously in the case of the HMOs more than three rooms are presently being used as bedrooms. Planning permission is not needed for this work, being permitted development, and there is a certificate of lawfulness for each of the Patel properties.

The loft extensions are said by the applicants to be consistent with the St David’s Square houses on Westferry Road but that is not exactly the case. Those houses were built with accommodation at roof level and the fenestration has been set back to create a small roof terrace which is accessed by French doors. The proposals in Ferry Street envisage a dormer extension on the western slope of the roof. The flat roof of the dormer would align with the ridge of the existing roof and Velux roof lights would be installed on the existing roof facing on to Ferry Street. The west facing wall of the dormer, looking into St David’s Square, would be largely glazed with French doors in the middle and a Juliet balcony.

The applicants’ case is that the alterations they want to carry out are straightforward domestic alterations and extensions that are carried out by thousands of homeowners every year, and will have a minimal impact upon the adjoining properties.