CAB Housing Ltd v Secretary of State for Levelling Up, Housing and Communities & Anor [2023] EWCA Civ 194 (23 February 2023)

CAB Housing Ltd v Secretary of State for Levelling Up, Housing and Communities & Anor [2023] EWCA Civ 194 (23 February 2023)

The Court held that the local planning authority may consider the scale of the proposed development at the prior approval stage under Class AA of Part 1 of Schedule 2 to the GPDO; 'adjoining premises' includes both contiguous and neighbouring properties; and the considerations of 'amenity' and 'external appearance' are not limited to the examples listed in the GPDO but are broader, allowing the authority to exercise planning judgment on a case-by-case basis.

Citation
[2023] EWCA Civ 194
Parties
Appellant: CAB Housing Limited; First Respondent: Secretary of State for Levelling Up, Housing and Communities; Second Respondent: Broxbourne Borough Council
Jurisdiction
England and Wales
Judgment Date
23 February 2023
Procedural Posture
Statutory Review Under Section 288 of the Town and Country Planning Act 1990 / Appeal From High Court to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Permitted Development Rights, Prior Approval Process, Interpretation of 'adjoining Premises', Amenity and External Appearance, Town and Country Planning (general Permitted Development) (england) Order 2015
Planning Law Administrative Law Statutory Interpretation Permitted Development Rights Prior Approval Process Interpretation of 'adjoining Premises' Amenity and External Appearance Town and Country Planning (general Permitted Development) (england) Order 2015

Case Brief

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Parties

CAB Housing Limited

Appellant

Secretary of State for Levelling Up, Housing and Communities

First Respondent

Broxbourne Borough Council

Second Respondent

Procedural Posture

Statutory Review Under Section 288 of the Town and Country Planning Act 1990 / Appeal From High Court to Court of Appeal

Legal Issues

  1. 1 Whether the scale of development under Class AA can be controlled at the prior approval stage
  2. 2 Interpretation of 'adjoining premises' in paragraph AA.2(3)(a)(i) of the GPDO
  3. 3 Scope of 'amenity' and 'external appearance' considerations under Class AA

Ratio Decidendi

The Court held that the local planning authority may consider the scale of the proposed development at the prior approval stage under Class AA of Part 1 of Schedule 2 to the GPDO; 'adjoining premises' includes both contiguous and neighbouring properties; and the considerations of 'amenity' and 'external appearance' are not limited to the examples listed in the GPDO but are broader, allowing the authority to exercise planning judgment on a case-by-case basis.

Court Disposition

Appeal dismissed

Orders

  • The order of Holgate J. dismissing the application for statutory review is upheld.
  • No prior approval is granted for the proposed development at 31 Gaywood Avenue, Cheshunt.