OLGUN KULAH v SECRETARY OF STATE FOR HOUSING, COMMUNITIES AND LOCAL GOVERNMENT

OLGUN KULAH v SECRETARY OF STATE FOR HOUSING, COMMUNITIES AND LOCAL GOVERNMENT

The Inspector correctly applied the statutory and technical guidance regarding eaves height and was entitled to reject the Appellant’s measurement method. The Inspector was also entitled to give little weight to the fall-back position of reconstructing the same extension, as it would not comply with permitted development limitations. The appeal fails on both grounds.

Parties
Appellant: Olgun Kulah; First Respondent: Secretary of State for Housing, Communities and Local Government; Second Respondent: London Borough of Waltham Forest
Jurisdiction
England and Wales
Judgment Date
15 November 2021
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed
Legal Topics
Permitted Development, Enforcement Notice, Eaves Height, Fall Back Position, Judicial Review
Planning Law Permitted Development Enforcement Notice Eaves Height Fall Back Position Judicial Review

Case Brief

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Parties

Olgun Kulah

Appellant

Secretary of State for Housing, Communities and Local Government

First Respondent

London Borough of Waltham Forest

Second Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the Inspector erred in law regarding the measurement of eaves height under the September 2015 GPDO
  2. 2 Whether the Inspector failed to consider the appropriate fall-back position for permitted development

Ratio Decidendi

The Inspector correctly applied the statutory and technical guidance regarding eaves height and was entitled to reject the Appellant’s measurement method. The Inspector was also entitled to give little weight to the fall-back position of reconstructing the same extension, as it would not comply with permitted development limitations. The appeal fails on both grounds.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.
  • The enforcement notice is upheld.