Expert Witness Journal Issue 63 October 2025 - Flipbook - Page 109
that
Jarman KC considered that had the parties had been
given the opportunity, it may have impacted the
justi昀椀cation for the condition. The court found that
the threshold for procedural unfairness (requiring
substantial prejudice to the Claimant) had been met.
Mr Andrew Drury
Chartered Building Engineer and Building Surveyor
C.Build E.MCABE, AssocRICS, MCIOB, MRPSA, MFPWS, ACIArb
Ground 2: Failure to Consider the NPPF
The court held that although the NPPF was not
explicitly cited, the Inspector had applied relevant
principles from the Planning Practice Guidance
(PPG), which interprets and clari昀椀es the NPPF.
Andrew Drury is a Chartered Building Engineer and Chartered Construction Manager
with over 40 years of experience in the construction industry, specialising in building
defects, maintenance, and refurbishment.
He holds a BSc (Hons) in Building Surveying, is an Associate Member of RICS, and
serves as director of Birklands Surveying Ltd in Nottinghamshire. Birklands Surveying
is a multidisciplinary
RICS-regulated
specialising
in building
surveys, defect
de昀椀ning
the intended
usepractice
of each
space
in planning
diagnosis reports, party wall matters, subsidence and insurance claim specialists.
Ground 3: Failure to consider Material Facts
Judge Jarman KC found that the Inspector was
entitled to conclude that the outbuilding, taken as a
whole, was not required for any purpose incidental
to the enjoyment of a dwellinghouse. The third space
was not identi昀椀ed on the plan as being for a speci昀椀c
purpose which the Inspector found “suggested”
that it was not required for that incidental use.
The Inspector also had regard to authorities
indicating that the size of the building is not itself
determinative, which supported his reasoning.
With his broad expertise, Andrew provides clear expert evidence on a wide range of
construction matters, all reports written in accordance with Civil Procedure Rules
(CPR 35) for legal proceedings.
Areas of expert work undertaken include:
• Building defects/pathology, including damp investigations.
• Structural defects in buildings
• Defect diagnosis and failure analysis identifying and reporting on issues such as
subsidence, heave, settlement, lateral movement, cracking, roof spread, timber decay
and corrosion of structural elements
• Buildings insurance claims including fire, flood and subsidence.
• Building and workmanship disputes including quantum.
• Forensic analysis of building surveys/reports
• Party Wall matters
• CPR 35 expert witness reports-provide a report in accordance with Civil Procedure
Rules (CPR 35) for legal proceedings
Quali昀椀cation: Can count towards the University of
Contact: Birklands Surveying Ltd
Aberdeen
Bond- Mobile:
Solon07753
Expert
Tel: 01623 822466
123 933 Witness Certi昀椀cate –
This case highlights that parties to an appeal should
be provided with a chance to respond and make
representations in respect of the removal of a PD
right, to ensure that any conditions imposed are
procedurally sound and transparently reasoned.
Email: office@birklandssurveying.co.uk
Alternate Email: andrew.drury@birklandssurveying.co.uk
Website: birklandssurveying.co.uk
Address: Edwinstowe House, High Street, Edwinstowe, Nottinghamshire, NG21 9PR
The case supports existing authorities providing
that the size of an outbuilding is not determinative
when considering its incidental use, but rather this
should be assessed as a matter of fact and degree.
The case also highlights the importance of clearly
de昀椀ning the intended use of each space in planning
applications and appeals.
If you require an expert let us
do the searching for you
Call the Expert Witness free
telephone searchline on
0161 834 0017
ci昀椀c
Mr Matthew Wood
Chartered Building Surveyor BSc (Hons), MRICS, MCIOB, MEWI, ACIArb
I have completed numerous reports on building matters for Court use, both as Expert and Single Joint
Expert. All my reports are prepared in accordance with CPR part 35 requirements and are well
researched and written, clear and well presented.
Areas of Expert work:
-
Building and workmanship disputes including quantum
-
Failed cavity wall insulation
-
Housing disrepair
-
Building defects and pathology including damp, condensation, mould, structural issues, roofs, walls
& floors.
Contact details:
Tel: 01924 654014
Mobile: 07709066969
-
Building insurance and warranty claims including fire, flood, structural, subsidence etc
-
Professional competence & negligence of Building Surveyors and Architectural Designers
-
Forensic analysis of building surveys/reports
-
Building workmanship and standards
-
Building accessibility
-
Personal injury
-
JCT Contract and Contract Administration (Minor Works and Intermediate Forms)
Email: matthew@ovolobc.com or samantha@ovolobc.com
Website: www.ovolobc.com
Address: The Plex, 15 Margaret Street, Wakefield, WF1 2DQ- work undertaken throughout the UK
EXPERT WITNESS JOURNAL
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OCTOBER/NOVEMBER 2025
