Burford v Secretary of State for Communities and Local Government & Anor [2017] EWHC 1493 (Admin) (23 June 2017)

Burford v Secretary of State for Communities and Local Government & Anor [2017] EWHC 1493 (Admin) (23 June 2017)

The inspector was entitled to conclude that the land was not within the curtilage of the dwelling house because it was physically separated and did not form one enclosure with the house. The Certificate of Lawfulness did not determine curtilage. The inspector correctly measured the height of the eaves from the excavated ground level adjacent to the building. No legal error was made.

Citation
[2017] EWHC 1493 (Admin)
Parties
Appellant: Adrian Burford; First Respondent: Secretary of State for Communities and Local Government; Second Respondent: Test Valley Borough Council
Jurisdiction
England and Wales
Judgment Date
23 June 2017
Procedural Posture
Appeal Under S.289 Town & Country Planning Act 1990 / Judgment on Appeal From Planning Inspector's Decision
Outcome
Appeal dismissed
Legal Topics
Curtilage Determination, Permitted Development Rights, Enforcement Notice Appeals, Measurement of Building Height, Certificate of Lawfulness
Planning Law Administrative Law Curtilage Determination Permitted Development Rights Enforcement Notice Appeals Measurement of Building Height Certificate of Lawfulness

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Parties

Adrian Burford

Appellant

Secretary of State for Communities and Local Government

First Respondent

Test Valley Borough Council

Second Respondent

Procedural Posture

Appeal Under S.289 Town & Country Planning Act 1990 / Judgment on Appeal From Planning Inspector's Decision

Legal Issues

  1. 1 Whether the building was within the curtilage of the dwelling house for the purposes of permitted development under Class E of the GPDO
  2. 2 Whether the inspector erred in measuring the height of the eaves from the excavated ground level

Ratio Decidendi

The inspector was entitled to conclude that the land was not within the curtilage of the dwelling house because it was physically separated and did not form one enclosure with the house. The Certificate of Lawfulness did not determine curtilage. The inspector correctly measured the height of the eaves from the excavated ground level adjacent to the building. No legal error was made.

Court Disposition

Appeal dismissed