The phrases ‘demolition’ and ‘alteration’ are mutually exclusive concepts when used for the purposes of the Planning Acts. Held: When section 27(1)(a) referred to ‘an application for . . consent for the alteration . . of a listed building’, the words in their context did not include an application for consent for works which consisted … Continue reading Shimizu (UK) Ltd v Westminster City Council: CA 20 Dec 1994
The defendant appealed his conviction and sentence for infringements of the 1990 Act. The house was already very severly dilapidated when it came to be listed. He was accused of making changes outside the extent of the listed buildings consent he had obtained. Held: The offence was one of strict liability, and guilt did not … Continue reading Regina v Major Sandhu: CACD 10 Dec 1996
The Council sought an order to quash the inspector’s decision to grant permission for a wind farm. Judges: Lang DBE J Citations: [2013] EWHC 473 (Admin) Links: Bailii Statutes: Planning (Listed Buildings and Conservation Areas) Act 1990 Jurisdiction: England and Wales Citing: Cited – Newsmith Stainless Ltd, Regina (On the Application of) v Secretary of … Continue reading East Northamptonshire District Council and Others v Secretary of State for Communities and Local Government and Another: Admn 8 Mar 2013
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
The owner sought to quash the designation of the property as a conservation area. Judges: Collins J Citations: [2009] EWHC 2956 (Admin) Links: Bailii Statutes: Planning (Listed Buildings and Conservation Areas) Act 1990 Jurisdiction: England and Wales Planning Updated: 07 August 2022; Ref: scu.381476
ICO The complainant requested information in connection with the decision by the Secretary of State not to list Slough Town Hall as a building of special architectural or historic interest in accordance with the Planning (Listed Buildings and Conservation Areas) Act 1990. The Commissioner’s decision is that: the exception at regulation 12(4)(e) was engaged in … Continue reading Department for Culture Media and Sport (Decision Notice): ICO 4 Jan 2012
Challenge to designation of a former greyhound racing track as a conservation area. Judges: Ouseley J Citations: [2015] EWHC 76 (Admin), [2015] PTSR 751, [2015] WLR(D) 47 Links: Bailii Statutes: Planning (Listed Buildings and Conservation Areas) Act 1990 69 Jurisdiction: England and Wales Planning Updated: 05 August 2022; Ref: scu.542270
The authority appealed by case stated from the dismissal of its complaints that the defendant had altered a listed building. He had been given permission to carry out certain works, but had in effect demolished and rebuilt the property. Held: Had the prosecution been mounted as the works progressed, the works would have been shown … Continue reading East Riding of Yorkshire Council, Regina (on the Application of) v Hobson: Admn 18 Apr 2008
Judges: Sullivan J Citations: [2008] EWHC 678 (Admin) Links: Bailii Statutes: Planning (Listed Buildings and Conservation Areas) Act 1990 69(1) Planning Updated: 14 July 2022; Ref: scu.266876
The commissioners sought to charge to VAT charges for works which had been carried out to a building within the curtilage of a listed building. The taxpayer sought zero-rating. Held: The outbuilding to which alterations were made must have been a ‘protected building’. Note (1) defines a protected building as both ‘a building which is … Continue reading Her Majesty’s Commissioners of Customs and Excise v Zielinski Baker and Partners Limited: HL 26 Feb 2004
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
Taxpayers sought exemption from VAT for works to a building. The commissioners claimed that the main building was not a dwelling, and that therefore the outbuilding would not be exempt. Held: The main building was listed, and the outbuilding was with in the curtilage as defined in the 1990 Act. Works to the outbuilding therefore … Continue reading Zielinski Baker and Partners Ltd v Commissioners of Customs and Excise: CA 12 May 2002
Land had first been excluded from the green belt, but then the plan had been revised. The revision was challenged, saying that a revision required exceptional circumstances making a revision necessary. Held: there are not two tests, exceptional circumstances and necessity, but one composite test. The revision was set aside. Judges: The Master Of The … Continue reading Copas and Another v Royal Borough of Windsor and Maidenhead: CA 7 Feb 2001
The meaning of ‘curtilage’ whilst not strictly a term of art had caused considerable difficulties. There was nothing inherent in the concept to imply any limitation that the area should be small. In this case the curtilage of a manor house could clearly include stable houses 200 meters from the main house. Accordingly those buildings … Continue reading Secretary of State for Environment, Transport and Regions and Another v Skerritts of Nottingham Ltd: CA 25 Feb 2000
Citations: [1999] EWHC Admin 218 Links: Bailii Statutes: Planning (Listed Buildings and Conservation Areas) Act 1990 63 Planning Updated: 28 May 2022; Ref: scu.139482
The offence provided in section 9 of contravening section 7 is an offence of strict liability. Citations: [1986] 1 WLR 1046 Statutes: Planning (Listed Buildings and Conservation Areas) Act 1990 7 9 Planning, Crime Updated: 17 May 2022; Ref: scu.241634
‘Note (1)(a) of Group 6 provides that an essential feature of a protected building is that it is a listed building ‘within the meaning of’ the 1990 Act. A listed building ‘within the meaning of’ the 1990 Act is a building which falls within the extended definition in section 1(5) of the 1990 Act.’ Judges: … Continue reading Zielinski Baker and Partners Ltd v Commissioners of Customs and Excise: 2001
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
A finding by the local planning authority that applications for listed buildings consent and planning permission were invalid, was not sufficient to exclude the right of the applicant to appeal to the Secretary of State against that finding of validity. This was in accordance with the broad purposes of the planning legislation despite apparently inconsistent … Continue reading Regina v Secretary of State for the Environment, Transport and the Regions, ex parte Bath, and North East Somerset District Council: CA 3 Jun 1999
The owner of a listed building obtained consent for certain works, but the local authority failed to notify the Secretary of State. Later the works were to be started, and the authority claimed that the consent was void, and sought an injunction. It was held that the injunction was capable of being granted under the … Continue reading Fenland District Council v Reuben Roae (Properties) Ltd: CA 6 Apr 2000
Citations: [2018] EWHC 2104 (Admin) Links: Bailii Statutes: Planning (Listed Buildings and Conservation Areas) Act 1990 63 Jurisdiction: England and Wales Planning Updated: 26 April 2022; Ref: scu.621443
No judicial review was available against a planning decision where an appeal remained available under planning law. Citations: Times 09-Jul-1996 Statutes: Planning (Listed Buildings and Conservation Areas) Act 1990 6 Judicial Review, Planning Updated: 09 April 2022; Ref: scu.86499
Judges: Singh J Citations: [2017] EWHC 2378 (Admin) Links: Bailii Statutes: Planning (Listed Buildings and Conservation Areas) Act 1990 Jurisdiction: England and Wales Planning Updated: 31 March 2022; Ref: scu.597447
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
Appeal against refusal to grant listed status to a grade II listed spillway. Behrens HHJ [2015] EWHC 3005 (Admin) Bailii Planning (Listed Buildings and Conservation Areas) Act 1990 Planning Updated: 05 January 2022; Ref: scu.553782
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
Section 66(1) of the 1990 Act requires a decision-maker to give ‘the desirability of preserving the building or its setting’ not merely careful consideration but considerable importance and weight when balancing the advantages of the proposed development against any harm from wind fram developnent.. Sullivan LJ [2014] 1 PandCR 22, [2014] EWCA Civ 137 Bailii … Continue reading Barnwell Manor Wind Energy Ltd v East Northamptonshire District Council and Others: CA 18 Feb 2014
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
The removal of a listed building’s chimney stacks was an alteration allowing a claim for compensation. The phrases ‘alteration’ and ‘demolition’ are mutually exclusive. Although part of a building may be a listed building, a part of a listed building cannot itself be a listed building. Lord Browne-Wilkinson, Lord Griffiths, Lord Lloyd of Berwick, Lord … Continue reading Shimizu (UK) Ltd v Westminster City Council: HL 11 Feb 1997
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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The defendant appealed against the extent of fine and costs awards made against him following conviction for effective demolition of a substantial victorian property within a conservation area without consent. The court had refused to believe his statements as to his assets and income, but had also refused a confiscation order. The defendant said that … Continue reading Rance v Regina: CACD 9 Oct 2012
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