Source: All England Reporter
Publisher Citation: [2002] All ER (D) 229 (Apr)
Court: Administrative Court
Judge:

Sullivan J

Representation Marc Willers (instructed by Battens, Yeovil) for the claimant.
  Timothy Corner QC (instructed by the Treasury Solicitor) for the respondents.
Judgment Dates: 25 April 2002

Catchwords

Town and country planning - Permission for development - Refusal - Planning inspector concluding boarded out loft not counting as 'floorspace' for purpose of local planning policies - Whether inspector in error.

The Case

The question of whether a roof area was 'floorspace' for the purposes of local planning policies, which restricted residential development that extended the floorspace of dwellings by more than 30%, was one of fact and degree, having regard to all the circumstances, including access to the area and headroom.

Practice Areas

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