Cases - R (on the application of Nicholson) v First Secretary of State
Record details
- Name
- R (on the application of Nicholson) v First Secretary of State
- Date
- [2005]
- Citation
- EWHC 378 (Admin)
- Legislation
- Keywords
- Planning control
- Summary
-
The appellant raised the height of a wall adjacent to a lane which was a public footpath. The only vehicular traffic that could use the lane was that wishing to gain access to the appellant's farm holding, an adjacent house, and land adjoining the lane. The appellant contended that the 1m height limit did not apply because the lane was a highway limited to pedestrians.
Mr Justice Collins held that the purpose of the height restriction was one of safety. So the legislation was concerned with de facto use. He also held that the height of the wall must be measured from the ground level of the highway, not from the ground level of the land behind.