- Court of Appeal takes pragmatic approach to measuring height in permitted development case (McGaw v Welsh Ministers)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Case details
Planning analysis: The Court of Appeal considered how to measure the height of a proposed building from the ‘surface of the ground immediately adjacent’ to it, as required by Article 1(3) of the Town and Country Planning (General Permitted Development) Order 1995 (the 1995 GPDO). It held that height measurements did not necessarily need to be taken on land within the curtilage of an applicant’s land. In circumstances where the proposed building would be flush against a brick wall, it would be appropriate to measure from the neighbour’s land on the other side of the wall. Written by Howard Leithead, barrister at No5 Chambers.
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