McGaw v The Welsh Ministers [2020] EWHC 2588 (Admin) (07 October 2020)

McGaw v The Welsh Ministers [2020] EWHC 2588 (Admin) (07 October 2020)

The correct approach to measuring height under Class E is to consider the ground level as it would be after completion of the proposed development, including backfilling as shown in the plans. For the southern wall, the immediately adjacent ground is the neighbour's garden, which is less than 2.5 metres below the relevant part of the building. The inspector's determination was based on irrelevant facts and incorrect interpretation of the regulations.

Citation
[2020] EWHC 2588 (Admin)
Parties
Claimant: Mark McGaw; Defendants: The Welsh Ministers; Interested Party: The Council for the City and County of Swansea
Jurisdiction
England and Wales
Judgment Date
07 October 2020
Procedural Posture
Judicial Review / Final Judgment
Outcome
Quashing order granted; determination of Mr Nixon quashed.
Legal Topics
Permitted Development, Interpretation of Planning Regulations, Certificate of Lawfulness
Administrative Law Planning Law Permitted Development Interpretation of Planning Regulations Certificate of Lawfulness

Case Brief

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Parties

Mark McGaw

Claimant

The Welsh Ministers

Defendants

The Council for the City and County of Swansea

Interested Party

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the proposed garden room falls within Class E of Schedule 2 of the Town and Country Planning (General Permitted Development) Order 1995 as it applies in Wales
  2. 2 Proper interpretation of height restrictions under Class E, subsections E.1(e) and E.1(f)
  3. 3 Correct ground level for measuring building height under Class E

Ratio Decidendi

The correct approach to measuring height under Class E is to consider the ground level as it would be after completion of the proposed development, including backfilling as shown in the plans. For the southern wall, the immediately adjacent ground is the neighbour's garden, which is less than 2.5 metres below the relevant part of the building. The inspector's determination was based on irrelevant facts and incorrect interpretation of the regulations.

Court Disposition

Quashing order granted; determination of Mr Nixon quashed.

Orders

  • Welsh Ministers directed to reconsider the matter and reach a decision in accordance with this judgment.
  • Counsel to submit draft order and written submissions on consequential matters within 14 days.