000 01997cab a22002175a 4500
001 L139747
008 070807e20070504xxk f w 000 0 eng d
035 _a(Sirsi) u139747
041 0 _aeng
245 0 0 _aSir Colin Chandler V (1) Secretary of State for the Communities and Local Government (2) Richard and Glenys Moore
_h[electronic resource]
260 _c2007
520 _a[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.
590 _aKA
650 2 4 _aCHANDLER V SOS COMMUNITIES AND ANOR
650 2 4 _aPLANNING (LISTED BUILDINGS AND CONSERVATION AREAS) ACT 1990 S72
650 2 4 _aSOUTH LAKELAND DC V SOS ENVIRONMENT
651 4 _aEngland and Wales
_y1543-
690 _aENVIRONMENTAL AND LAND CONSULTANCY-ENVIRONMENTAL MANAGEMENT-ENVIRONMENTAL CONSERVATION
856 4 0 _uhttps://www.bailii.org/ew/cases/EWHC/Admin/2007/1000.html
_zView the judgement free of charge at www.bailii.org...
942 _n0
999 _c79081
_d79081