The curtilage of a building is a small area around it. An assessment of whether a separate structure was within the curtilage which did not consider the distance between the various buildings must be incorrect in that it had omitted an essential consideration. A stable block lying some distance from a listed building should only … Continue reading Skerritts of Nottingham Limited v Secretary of State for Environment, Transport and Regions, Harrow London Borough Council: Admn 22 Mar 1999
Judges: Lewison, Asplin, Carr LJJ Citations: [2021] EWCA Civ 136, [2021] WLR(D) 85 Links: Bailii, WLRD Statutes: Planning (Listed Buildings and Conservation Areas) Act 1990 Jurisdiction: England and Wales Planning Updated: 21 August 2022; Ref: scu.657787
A previous owner of the land had carried out unauthorised alterations to the listed building, and the applicant sought retrospective permission for those and his own alterations. The authority did nor decide on that application, but instead issued enforcement proceedings. The Secretary now appealed dismissal of those proceedings. Held: The appeal was dismissed. The owner … Continue reading Braun v First Secretary of State and Another: CA 20 May 2003
Gilbart J [2016] EWHC 1173 (Admin) Bailii Town and Country Planning Act 1990, Planning and Compulsory Purchase Act 2004, Planning (Listed Buildings and Conservation Areas) Act 1990 Planning Updated: 16 January 2022; Ref: scu.564654
Two important questions, one procedural and the other substantive, arising out of the decision of a planning inspector under the Planning (Listed Buildings and Conservation Areas) Act 1990. It concerns the correct treatment of a pair of early 18th century lead urns, attributed to the Flemish sculptor John van Nost, each resting on a limestone … Continue reading Dill v Secretary of State for Housing, Communities and Local Government and Another: SC 20 May 2020
Challenge to grant of planning permission within a conservation area. Permission had been given for a single dwellig also with a southerly view over an area of outstanding natural beauty. The land belonged to the council. Held: The claim succeeded. The council, as planning authority, had erred in its approach to the general duty as … Continue reading Irving, Regina (on The Application of) v Mid-Sussex District Council and Another: Admn 28 Jun 2016
When a local planning authority granted planning permission for a development of housing in two listed buildings and on land within their settings, did it misinterpret and misapply development plan policy for development proposed within a Green . .
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