Appeal against a refusal of prior approval for a new floor to house under Class AA permitted development

Appeal Allowed (Prior Approval Granted) on 10 November 2023

Class AA upwards extension appeal

119 Springhill Lane,
Lower Penn,
Staffordshire
WV4 4TW

Council: South Staffordshire District Council

It is possible to extend a home upwards to add a whole extra floor without needing full planning permission.

However, these upwards extensions do require ‘prior approval’ and you must get approval before starting work.

The permitted development right is called Class AA and it is powerful!

Unlike standard planning applications, there are limited number of things that the council can take into account – the idea is that it is a ‘light touch’ type of application.

In this case, for example, the extension is possible even though the house is in the green belt, where it would not otherwise be possible.

The council nevertheless refused on the basis of harm to the character and appearance of the area.

Happily the inspector was having none of it and granted prior approval, stating that the development would fit in very nicely with the surrounding area.

Happily, the inspector was having none of it and granted prior approval, stating that the development would fit in very nicely with the surrounding area.

This was actually the second appeal we have won for this client on this site. Before being able to apply for an upwards extension under Class AA, he needed to remove a planning condition that had taken away his permitted development rights altogether.

We applied on his behalf but the council refused the application. We won the subsequent appeal because the government’s guidance is very clear that these conditions should be used only rarely. For more on conditions restricting permitted development rights, check out our article on the subject.

If you are facing similar troubles, contact our team for advice.

For more information on prior approval, permitted development and planning applications for homeowner extensions, don’t miss How to Get Planning Permission, the ideal book for people who want to develop their homes.

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