The High Court has backed a Highgate woman’s challenge to an inspector’s decision allowing her downstairs neighbours to erect a conservatory.
Hanna Taussig, who lives in the first-floor flat at 28 Southwood Lawn Road, Highgate, London N6, had asked Judge Rich QC to quash the planning permission issued to Mr and Mrs Berg, the occupants of the garden flat.
Haringey London Borough Council initially refused permission for the conservatory, but the Bergs were successful on appeal to the planning inspector.
Taussig, who lives with her son Aurel, claimed that the structure would severely diminish her view, would result in light and noise pollution, and have privacy and security implications.
She argued that the conservatory roof, which was expected to reach a height of 3.4m, would invade her airspace, prevent essential maintenance to the outer walls of her property, and reduce its market value.
The judge quashed the decision, and ordered the First Secretary of State to review the case. He held that the inspector had failed to consider whether exceptional circumstances existed to justify the construction.
Taussig v First Secretary of State and another Queen’s Bench Division: Administrative Court (Judge Rich QC) 12 September 2003.
Nathalie Lieven (instructed by Leigh Day & Co) appeared for the claimant; James Strachan (instructed by the Treasury Solicitor) appeared for the first defendant; the second and third defendants did not appear and were not represented.
References: EGi Legal News 15/9/03
