QBD 18 February 1992. An application for judicial review of the designation of a conservation area in Barham near Canterbury. The applicant (H) owned land presently used for agricultural purposes. In 1991 he applied for consent to build a residential development with a school on this land. Planning permission was refused, An appeal to a public inquiry opened on 10 December 1991. On the evening of 10 December 1991 Canterbury CC resolved to extend the Barham Conservation Area to include this land. the applicant argued that C had acted unlawfully as this land did not have any buildings of historical or outstanding interest. C maintained that buildings were part of the setting and character of the place which could properly be included in a conservation area. QBD discussed interpretation of Planning (Listed Buildings and Conservation Areas) Act 1990 s69 in relation to the evidence in this case. Held, C had failed to give proper consideration to the material facts including existence and