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Mid Devon DC v Avery

Language: English Series: Property and Compensation Reports ; (1993) 65 PCR 47-49(2)Publication details: 1993Subject(s): Summary: QBD 2 March 1992. The respondent, X, proposed to carry out improvements to a building listed as of special architectural and historic interest under Town and Country Planning Act 1971 s54. When the local authority found that he planned to replace windows at the back with modern windows which, in their opinion detracted from the appearance and architectural interest of the building, they informed him he needed planning consent. This was refused as was an appeal to the SoS. The authority issued a listed building enforcement notice under s97 and s98 of the Act requiring X to replace the modern windows. X instructed a building firm to do the work, however the period allowed for compliance with the notice expired without the windows being replaced. The authority issued a summons alleging that X had failed to take the steps required by the notice. Magistrates found that X had taken all reasonable steps to comply with the notice and had therefore discharged his statutory duty. The council a
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Law report London Journal article ABS48204 (Browse shelf(Opens below)) 1 Available 65445-1001

QBD 2 March 1992. The respondent, X, proposed to carry out improvements to a building listed as of special architectural and historic interest under Town and Country Planning Act 1971 s54. When the local authority found that he planned to replace windows at the back with modern windows which, in their opinion detracted from the appearance and architectural interest of the building, they informed him he needed planning consent. This was refused as was an appeal to the SoS. The authority issued a listed building enforcement notice under s97 and s98 of the Act requiring X to replace the modern windows. X instructed a building firm to do the work, however the period allowed for compliance with the notice expired without the windows being replaced. The authority issued a summons alleging that X had failed to take the steps required by the notice. Magistrates found that X had taken all reasonable steps to comply with the notice and had therefore discharged his statutory duty. The council a