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High Court Judgement - Upwards Extension

Thursday 03 March 2022

An important judgement was issued from the High Court this month on upwards extensions. The decision related to three upwards extensions under Part 1, Class AA (householder extensions) which were dismissed at appeal. The decision also has ramifications for development under Part 20. The case considered the scope of matters relevant to neighbouring amenity and external appearance of the building as set out in both Part 1 and Part 20 of the GPDO.

A part of the judgement concluded that the control of external appearance is "not limited to the impact on the subject property itself, but also includes impact on neighbouring premises and the locality"

This appears gives a wider remit for LPAs to consider the merits of design in relation to the wider area and streetscene and is contrary to many appeal decisions already issued.

There are significant implications suach as that new dwellings under Part 20 will likely be harder to secure consent for and this could be the death of one of the Governments key mechanisms aimed at boosting housing supply.

Read Full Judgement

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