Heatherington (UK) Ltd v Secretary of State for the Environment: 1995

The company owned a listed residential property with temporary permission for office use. The local authority required the building to be returned to residential use when the permission expired. The company argued that continued office use would allow them to undertake works to enhance its architecural features, and that the inspector had failed to consider the effect on the special qualities of the building if it was to revert to residential use.
Held: The company’s appeal was allowed. In making his decision the inspector had failed in his duty under the Act to consider whether a reversion and associated conversion to residential use would seriously affect the architectural features of the building.


David Keene QC


(1995) 69 P and CR 374, (1995) JPL 228


Planning (Listed Buildings and Conservation Area) ACt 1990 66(1)


England and Wales

Cited by:

CitedBoulevard Land Ltd v Secretary of State for Environment and Another Admn 27-Feb-1998
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Lists of cited by and citing cases may be incomplete.


Updated: 06 December 2022; Ref: scu.251063