Clin v Walter Lilly & Co. Ltd

Clin v Walter Lilly & Co. Ltd

The correct approach to determining whether works amount to demolition under s.74 of the Planning (Listed Buildings and Conservation Areas) Act 1990 is a quantitative assessment of the extent of removal of the building, not a qualitative assessment of the impact on the character or appearance of the conservation area. The judge was entitled to find that the works amounted to demolition, requiring CAC, and there was no error of law or fact justifying appellate interference.

Parties
Appellant/defendant: Mr Jean-François Clin; Respondent/claimant: Walter Lilly & Co. Limited
Jurisdiction
England and Wales
Judgment Date
08 February 2021
Procedural Posture
Civil Appeal / Court of Appeal Judgment on Appeal From High Court
Outcome
Appeal dismissed
Legal Topics
Conservation Area Consent, Demolition, Implied Contractual Terms, Extension of Time, Liquidated Damages, Statutory Interpretation
Planning Law Contract Law Construction Law Conservation Area Consent Demolition Implied Contractual Terms Extension of Time Liquidated Damages +1 more

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Parties

Mr Jean-François Clin

Appellant/defendant

Walter Lilly & Co. Limited

Respondent/claimant

Procedural Posture

Civil Appeal / Court of Appeal Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether the construction works amounted to 'demolition' under s.74 of the Planning (Listed Buildings and Conservation Areas) Act 1990, thus requiring conservation area consent (CAC)
  2. 2 Whether the judge erred in law or fact in concluding that CAC was required for the works
  3. 3 Whether the assessment of demolition should include qualitative considerations of the impact on the character and appearance of the conservation area

Ratio Decidendi

The correct approach to determining whether works amount to demolition under s.74 of the Planning (Listed Buildings and Conservation Areas) Act 1990 is a quantitative assessment of the extent of removal of the building, not a qualitative assessment of the impact on the character or appearance of the conservation area. The judge was entitled to find that the works amounted to demolition, requiring CAC, and there was no error of law or fact justifying appellate interference.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed; the High Court's order stands, including declaratory relief that Mr Clin breached his implied contractual obligation, Walter Lilly is entitled to an extension of time of 53.2 weeks, and there is no liability for liquidated damages for that period.