McGaw v The Welsh Ministers [2021] EWCA Civ 976 (30 June 2021)

McGaw v The Welsh Ministers [2021] EWCA Civ 976 (30 June 2021)

For the purposes of Class E of the General Permitted Development Order, where a proposed building abuts a boundary wall, the 'ground immediately adjacent' to the relevant part of the building can be the neighbour's land just beyond the boundary wall, provided it is the nearest unbuilt-on ground, and the wall itself cannot be considered 'ground'.

Citation
[2021] EWCA Civ 976
Parties
Claimant / Respondent: Mark McGaw; Appellant / Defendant: The Welsh Ministers; Interested Party: The Council for the City and County of Swansea
Jurisdiction
England and Wales
Judgment Date
30 June 2021
Procedural Posture
Planning Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
General Permitted Development Order, Measurement of Building Height, Certificate of Lawful Use or Development
Administrative Law Planning Law General Permitted Development Order Measurement of Building Height Certificate of Lawful Use or Development

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Parties

Mark McGaw

Claimant / Respondent

The Welsh Ministers

Appellant / Defendant

The Council for the City and County of Swansea

Interested Party

Procedural Posture

Planning Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 How to determine the 'ground immediately adjacent' for measuring building height under Class E of the General Permitted Development Order in Wales
  2. 2 Whether neighbour's land can be considered 'immediately adjacent' when separated by a boundary wall

Ratio Decidendi

For the purposes of Class E of the General Permitted Development Order, where a proposed building abuts a boundary wall, the 'ground immediately adjacent' to the relevant part of the building can be the neighbour's land just beyond the boundary wall, provided it is the nearest unbuilt-on ground, and the wall itself cannot be considered 'ground'.

Court Disposition

Appeal dismissed

Orders

  • The judge's identification of the neighbour's garden as the immediately adjacent ground for the purposes of Class E is upheld.
  • Claimant's appeal allowed; certificate of lawful use or development to be issued.