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Sure... and understandably because the order doesn't define eaves and the guidance is a mess... The case is Waltham Forest v SSCLG [2013] EWHC 2816. It is actually a case about the guidance having an incorrect interpretation of 'eaves' for the purposes of the order. It has been followed since...

Actually I am relying on the case law and my knowledge of how law works for my interpretation of the order. The case law of the high court is clear on at least the following things: 1. The guidance is not the law, the law is the order - this is in the case law specifically relating to the PD...

MrRusty, I understand the guidance, but the guidance is clearly contrary to the legal definition of 'eaves' which should apply to A.1(i). Imagine the side return scenario... Following the guidance you can build a wall 4m high above the 'flat roof' height. Imagine what that does to a sidereturn...

Yes, the question is 'if'. The PD rules have a rule for not building higher than 3m at the border. There is a reason for that. It is to protect the livability of neighbouring spaces. It makes a mockery of the order to say that while you can't build a normal eave higher than 3m, you can build a...

I think the parapet finish is just brick? ... And yes, have also had this thought... The parapet is just aesthetic, so why not remove to placate neighbour? Maybe I will suggest this. 3m is still pretty rough! I kind of wonder where the 45 degree angle rule would land for wall height...

Thanks both! I actually think the case law would be in my favour... The guidance is not law, and there is a court decision stating that the meaning of 'eaves' for the purpose of the Order is the ordinary meaning (bit of roof above wall). This should apply to the boundary exception to building...

My neighbour is planning to extend into the side return up to the boundary. They are planning a flat roof, of 3m height but the parapet on the wall supporting this is going to be 3.4m high. I read the PD Order 2015 saying eave height when construction is within 2m of boundary to restrict the...