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'.