City Edinburgh Council v Scottish Ministers
City Edinburgh Council v Scottish Ministers
- 2002
- Estates Gazette [2002] 46 EG 196 (CS) .
CSOH 17 September 2002. Local planning authority (C) issued a listed building enforcement notice in respect of a B listed two storey terraced town house. The notice complained of the construction without listed building consent of an en suite bathroom. Owner of the property appealed to repondants (S) under Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 s35.The reporter found that the integrity of the building had not been compromised sufficiently to justify a requirement for the immediate removal of the walls. C appealed and they argued that the reporter had erred in law by failing to have regard to the character of a listed building. The appeal was allowed as the reporter had addressed a different question and failed to consider whether it would have been proper to grant consent had an application been presented in advance of the works being carried out.
EDINBURGH CITY COUNCIL V SCOTTISH MINISTERS
TOWN AND COUNTRY PLANNING
LISTED BUILDING
ENFORCEMENT NOTICE
PLANNING (LISTED BUILDINGS AND CONSERVATION AREAS) (SCOTLAND) ACT 1997
BUILDING CONSENTS
SCOTLAND
CSOH 17 September 2002. Local planning authority (C) issued a listed building enforcement notice in respect of a B listed two storey terraced town house. The notice complained of the construction without listed building consent of an en suite bathroom. Owner of the property appealed to repondants (S) under Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 s35.The reporter found that the integrity of the building had not been compromised sufficiently to justify a requirement for the immediate removal of the walls. C appealed and they argued that the reporter had erred in law by failing to have regard to the character of a listed building. The appeal was allowed as the reporter had addressed a different question and failed to consider whether it would have been proper to grant consent had an application been presented in advance of the works being carried out.
EDINBURGH CITY COUNCIL V SCOTTISH MINISTERS
TOWN AND COUNTRY PLANNING
LISTED BUILDING
ENFORCEMENT NOTICE
PLANNING (LISTED BUILDINGS AND CONSERVATION AREAS) (SCOTLAND) ACT 1997
BUILDING CONSENTS
SCOTLAND