CAB Housing Limited v Secretary of State for Levelling Up, Housing and Communities & Anor

CAB Housing Limited v Secretary of State for Levelling Up, Housing and Communities & Anor

The prior approval process under Class AA of Part 1 of Schedule 2 to the GPDO 2015 allows the local planning authority to consider the scale of the proposed development, the impact on the amenity of any adjoining (including neighbouring) premises, and the external appearance of the dwellinghouse, not limited to the principal or side elevations. The terms 'amenity' and 'external appearance' are not confined to the examples listed in the Order. The inspector and judge did not err in law in their interpretation or application of these provisions.

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 / Planning Appeal / Appeal From High Court to Court of Appeal
Outcome
appeal dismissed
Legal Topics
Permitted Development Rights, Statutory Interpretation, Prior Approval Process, Amenity, External Appearance, Town and Country Planning Act, GPDO
Planning Law Administrative Law Permitted Development Rights Statutory Interpretation Prior Approval Process Amenity External Appearance Town and Country Planning Act +1 more

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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 / Planning Appeal / Appeal From High Court to Court of Appeal

Legal Issues

  1. 1 Interpretation of Class AA of Part 1 of Schedule 2 to the GPDO 2015
  2. 2 Whether 'scale' of development is subject to prior approval control
  3. 3 Meaning of 'adjoining premises' in the context of prior approval

Ratio Decidendi

The prior approval process under Class AA of Part 1 of Schedule 2 to the GPDO 2015 allows the local planning authority to consider the scale of the proposed development, the impact on the amenity of any adjoining (including neighbouring) premises, and the external appearance of the dwellinghouse, not limited to the principal or side elevations. The terms 'amenity' and 'external appearance' are not confined to the examples listed in the Order. The inspector and judge did not err in law in their interpretation or application of these provisions.

Court Disposition

appeal dismissed