Swansea residents lose window challenge

Two Swansea residents have lost their privacy challenge to Swansea Council’s grant of planning approval for a neighbour’s home extension. Wyn Williams J told them that although their original challenge had been made out the council’s subsequent reconsideration and approval of the extension had remedied the previous decision’s defects. In April 2006, David and Judy Jones objected to their neighbour’s proposals to extend their home in West Cross, Swansea, on the ground that the windows of the extension were too close to their own and infringed their privacy. Following the council’s approval of planning permission, the Joneses successfully applied to the High Court for permission to apply for judicial review of the decision. They alleged that the council had failed to assess whether the extension contravened guidelines for minimum distances between windows. However, the council reconsidered the extension with reference to the distances between the windows and decided to confirm their earlier decision to grant approval. Wyn Williams J said: “In my judgment, the reappraisal undertaken by the [council] does constitute a compelling reason why relief should not be granted in the context of this case.” R (on the application of Jones and another) v Swansea City and County Council Administrative Court (Wyn Williams J) 15 February 2007. The claimants appeared in person; Richard Langham (instructed by the legal department of Swansea City and County Council) appeared for the defendant.