Cases - Richmond upon Thames London Borough Council v Secretary of State for the Environment and Neale
Record details
- Name
- Richmond upon Thames London Borough Council v Secretary of State for the Environment and Neale
- Date
- [1991]
- Citation
- 2 PLR 207
- Legislation
- Keywords
- Planning control - General Permitted Order 1995
- Summary
-
This case was concerned with what is now Class B of Part 1 of the GPDO, 'the enlargement of a dwellinghouse consisting of an addition or alteration to the roof'.
A parapet wall was erected around a flat roof. Such works could not fall within Class A as that excludes alterations to the roof. The local planning authority served an enforcement notice on the basis that the parapet was not an enlargement and so was not within Class B either.
The judge held that, as planning is concerned with external appearance, the parapet wall was an enlargement - it makes the building taller. He found support for this approach in the fact that calculations of cubic content are based on external measurements.