Sir Colin Chandler V (1) Secretary of State for the Communities and Local Government (2) Richard and Glenys Moore [electronic resource]
Language: English Publication details: 2007Subject(s): Online resources: Summary: [2007] EWHC 1000 (Admin), 4 May 2007. The applicant (C) applied to have the decision of a planning officer quashed. C and the respondent (M) lived on opposite sides of a road within a conservation area. C occupied a listed building. M applied for planning permission to extend their property, which was not listed. C objected and the application was refused. M successfully appealed, the planning officer finding that the extension would have no detrimental effect on the area. C argued that the planning officer had applied the wrong test, as the local plan required that alterations should not only preserve but, where possible, enhance the area's heritage. "Held": The Planning (Listed Buildings and Conservation Areas) Act 1990 s72(1) made clear that the planning officer should consider the preservation or enhancement of the area. It placed no burden on him to ensure enhancement. There was nothing in the local plan which forced another interpretation. The inspector had expressly concluded the building would have no detrimental effect on the area and there was no cause to apply a more stringent test. Application refused.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | Virtual Online | ONLINE PUBLICATION (Browse shelf(Opens below)) | 1 | Available | 139747-1001 |
[2007] EWHC 1000 (Admin), 4 May 2007. The applicant (C) applied to have the decision of a planning officer quashed. C and the respondent (M) lived on opposite sides of a road within a conservation area. C occupied a listed building. M applied for planning permission to extend their property, which was not listed. C objected and the application was refused. M successfully appealed, the planning officer finding that the extension would have no detrimental effect on the area. C argued that the planning officer had applied the wrong test, as the local plan required that alterations should not only preserve but, where possible, enhance the area's heritage. "Held": The Planning (Listed Buildings and Conservation Areas) Act 1990 s72(1) made clear that the planning officer should consider the preservation or enhancement of the area. It placed no burden on him to ensure enhancement. There was nothing in the local plan which forced another interpretation. The inspector had expressly concluded the building would have no detrimental effect on the area and there was no cause to apply a more stringent test. Application refused.