Can a Google Earth image trump a Real-life Witness?

We rely on Google for information, and councils use it for planning and enforcement decisions—but should they?

The High Court has dismissed a landowner’s witness statement, instead preferring Google as key evidence to determine the unlawful use of a site.

A witness should be amongst other things, reliable and independent, without any conflicting interest in the case at hand. As a very, very large business, Google Inc. is quite unlikely to be influenced by a local builder in a squabble with his local council. It is also quite improbable verging on impossible that its photographic images used to create the product, could be tampered with by a mere mortal for his personal benefit.

In October 2023, Hertsmere Borough Council issued an enforcement notice against the owner, a Mr Ward, on land at St Albans Road, South Mimms, alleging unauthorised use as a construction contractor’s depot. The landowner appealed the decision which was subsequently dismissed. Finally, the Inspector’s decision was appealed in the High Court.

The High Court Judge acknowledged the site had long and complex planning history. It was used for landscaping materials storage between 1962 and 1979 by a previous owner, and from 1979 to 2018 it was used as a builder’s yard. That use ceased by 1999.

After that, the land remained unused for 20 years before Ward acquired it.

A key part of the decision was based on historical aerial and Google Streetview images, examined as part of an evidence review spanning 1971 to 2018. The Judge noted that these images consistently depicted an overgrown road frontage, supporting the inspector’s conclusion that the site had been abandoned for an extended period.

In conclusion, the Judge ruled that the alleged construction-related use had only been ongoing for a few years, less than the 10 years use required to qualify for immunity from enforcement action.

A key issue was that The Google evidence directly contradicted witness testimony provided on Ward’s behalf. The judge described the images as “part and parcel of the evidential jigsaw”, from which the inspector drew reasonable and justified conclusions.

The Judge dismissed Ward’s appeal and ruled that the inspector was both entitled and expected to form an independent judgment based on all available evidence, including the Google imagery.

So, in answer to the headline question - YES, evidence from a Google Earth image really can trump a real-life witness…

Case Reference: Ward v The Secretary of State for Communities And Local Government & Anor [2025] EWHC 34 (Admin).