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

23 February 2023

[2023] EWCA Civ 194

Court of Appeal

CAB Housing wanted to add to their bungalow. The council said no. The court agreed with the council, saying the rules allowed looking at how big the addition would be and how it would affect nearby houses, even if they weren't right next door. The rules for adding to your house let the council make sure it fits in with the neighborhood.

Key Facts

•CAB Housing Ltd. appealed a High Court decision dismissing its statutory review application concerning refusal of prior approval for a single-storey addition to a bungalow.
•The appeal centered on the interpretation of Class AA of Part 1 of Schedule 2 to the Town and Country Planning (General Permitted Development) (England) Order 2015 (GPDO).
•The main issues involved the scope of 'scale', 'adjoining premises', and 'amenity' and 'external appearance' within the prior approval process.

Legal Principles

Statutory interpretation requires ascertaining the meaning of words in legislation, considering the provision's purpose.

[2023] EWCA Civ 194, paragraph 22

The grant of permitted development right under Class AA crystallises upon prior approval; the prior approval process is integral to the right.

[2023] EWCA Civ 194, paragraph 23

'Adjoining premises' in Class AA includes neighboring premises, not just contiguous ones.

[2023] EWCA Civ 194, paragraph 44

'Amenity' and 'external appearance' in Class AA are not limited to the specific examples provided; 'including' is inclusive, not exclusive.

[2023] EWCA Civ 194, paragraph 50

Scale of development is relevant to the considerations under the prior approval process in Class AA.

[2023] EWCA Civ 194, paragraph 28

Outcomes

Appeal dismissed.

The inspector's decision and the judge's interpretation of Class AA were legally sound. The court rejected CAB Housing's arguments regarding the scope of 'scale', 'adjoining premises', 'amenity', and 'external appearance'.

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

Key Facts

Legal Principles

Outcomes

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