Cases - Bradford Metropolitan District Council v Secretary of State for the Environment
Record details
- Name
- Bradford Metropolitan District Council v Secretary of State for the Environment
- Date
- [1978]; (1977)
- Citation
- 1 EGLR 137; 246 EG 573
- Legislation
- Keywords
- Planning control - Town and Country Planning General Development Order 1977
- Summary
-
The local planning authority refused permission for facing two redbrick semi-detached houses with stone cladding. The local planning authority claimed that it was not permitted development as it projected 'beyond the forwardmost part of any wall of the original dwelling' in the wording of GDO 1977. Taking a common-sense approach, the judge regarded the wall as including windowsills and moulded surrounds. So although the cladding projected beyond the original brickwork, it did not project beyond the wall in this sense.
The judge also dismissed the local authority's claim that permitted development only included structural features, as distinct from cosmetic work.
(Note that the wording in the current GPDO uses the phrase 'nearer to the highway ... than the part of the original dwellinghouse nearest to that highway ...'.)