Flue above an extension, PD or not??

[susan792091]

Hello, hoping for some advice about PD here please if anyone can help...

We have a house with an attached garage on the side. We have recently installed a log burning stove in the living room which is against the wall adjoining the garage. We have converted the back of the garage into a study at the same time (well, we knocked it down and rebuilt - we had planning permission for that). The stove flue exits the living room wall at an angle, enters the converted garage/study, boxed in above head height, and then goes out through the pitched roof. It is attached up the side of the main part of the house (two stories), and finishes 70cm above the ridge of the main roof.

We thought this was PD as it finishes within a metre of the roof line.

Council are insisting it is not PD because it should not go 1m over the pitched roof of the converted garage i.e. the roof it comes out of. I'm awaiting an official email but chap on phone said this is according to technical guidance. I've read the tech guidance before and just re-read it - cannot see where he is finding the guidance that says it should be within a metre of the "enlarged" part of the house i.e. the garage.

Anyone got any experience of something like this, any thoughts please?
Many thanks

 

[freddiemercurystwin]

I would interpret it as the highest roof so would agree with you on paper. But then its doesn't actually say that. I dare say there may have been an appeal that may have set a precedent .....

 

[susan792091]

so we have a letter today. it says:

Development is not permitted by Class G if – the height of the chimney, flue or soil and vent pipe would exceed the highest part of the roof by 1 metre or more.

The Department for Communities and Local Government publication - Permitted Development for Householders – Technical Guidance, is designed to help homeowners understand the detailed rules on permitted development and the terms used.

This document provides advice on the term “highest part of the roof”. Class A.A.1 (b) advises - “However, when calculating the height of the part of the house enlarged, this measurement should be at the highest part of the enlargement, and should include any protrusions above the roof such as parapet walls etc” which in this case is the enlarged pitched garage roof and from where the chimney/flue is measured from.

This makes no sense to me. This bit that he is quoted is for the purpose of determining relative heights of main house and extension, because extension cannot be higher than house. It still doesn't say anywhere that if the flue is on an extension then the height of the extension is the point to measure. This bit would appear to be the correct definition:
"The highest part of the roof of the existing dwelling house will be the height of the ridge line of the main roof (even though there may be other ridge lines at a lower level) or the height of the highest roof where roofs on a building are flat"

I'm beginning to despair..... should I start consulting with an ex-planner who offers consultancy type serves?? How can we get professional help with something like this?