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Zielinski Baker and Partners Ltd v Commissioners of Customs and Excise: 2001

‘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

Skerritts of Nottingham Limited v Secretary of State for Environment, Transport and Regions, Harrow London Borough Council: Admn 22 Mar 1999

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

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

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

Fenland District Council v Reuben Roae (Properties) Ltd: CA 6 Apr 2000

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

Dill v Secretary of State for Housing, Communities and Local Government and Another: SC 20 May 2020

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

Department for Culture Media and Sport (Decision Notice): ICO 4 Jan 2012

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

Barnwell Manor Wind Energy Ltd v East Northamptonshire District Council and Others: CA 18 Feb 2014

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

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

Shimizu (UK) Ltd v Westminster City Council: HL 11 Feb 1997

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

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