Irving, Regina (on The Application of) v Mid-Sussex District Council and Another: Admn 28 Jun 2016

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 regards conservation areas and the exercise of planning functions. Section 72 required it to decide first whether a proposed development would harm the character or appearance of the conservation area. If yes, then that fact was to be given real weight. In so deciding, the decision-maker could not find that because harm would be caused to only a part of the area there would be no harm whenconsidering the section 72 duty since, overall, the area retained its special character.

Gilbart J
[2016] EWHC 1529 (Admin), [2016] WLR(D) 343, [2016] PTSR 1365
Bailii, WLRD
Planning (Listed Buildings and Conservation Areas) Act 1990 72
England and Wales


Updated: 09 November 2021; Ref: scu.566266