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Hammersmith and Fulham v SoS for Environment and Davison

Language: English Series: Journal of Planning and Environment Law ; 1994 JPL 957-961(5)Publication details: 1994Subject(s): Summary: QBD 30 November 1993. Enforcement notice quashed on appeal. Errection of boundary railings. External staircase for access to roof terrace. Staircasee found be be within Class A of the GDO 1988. Railings and trellis found to be within Class B. Whether something was an alteration to the roof within Class A was an issue of fact. As regards Class C, alteration to the shape of a dwelling -house meant more than just external appearance otherwide Class C otiose due to section 52(2)(a)- railings and trellis- the `existing roof` referred to the roof of the house as a whole and not some limited part thereof.

QBD 30 November 1993. Enforcement notice quashed on appeal. Errection of boundary railings. External staircase for access to roof terrace. Staircasee found be be within Class A of the GDO 1988. Railings and trellis found to be within Class B. Whether something was an alteration to the roof within Class A was an issue of fact. As regards Class C, alteration to the shape of a dwelling -house meant more than just external appearance otherwide Class C otiose due to section 52(2)(a)- railings and trellis- the `existing roof` referred to the roof of the house as a whole and not some limited part thereof.