Chandler v Secretary of State for the Communities & Local Government & Anor [2007] EWHC 1000 (Admin) (04 May 2007)

Chandler v Secretary of State for the Communities & Local Government & Anor [2007] EWHC 1000 (Admin) (04 May 2007)

The inspector applied the correct legal test by determining that the proposed development would preserve the character and appearance of the conservation area, which is sufficient under section 72(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990. Neither the Structure Plan nor the Local Plan required a more stringent test than the statutory provision.

Citation
[2007] EWHC 1000 (Admin)
Parties
Claimant: Sir Colin Chandler; First Defendant: Secretary of State for the Communities and Local Government; Second Defendants: Richard and Glenys Moore
Jurisdiction
England and Wales
Judgment Date
04 May 2007
Procedural Posture
Judicial Review (planning) / High Court Judgment on Application to Quash Planning Inspector's Decision
Outcome
Application dismissed
Legal Topics
Conservation Areas, Listed Buildings, Development Plans, Judicial Review, Statutory Interpretation
Planning Law Administrative Law Conservation Areas Listed Buildings Development Plans Judicial Review Statutory Interpretation

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Parties

Sir Colin Chandler

Claimant

Secretary of State for the Communities and Local Government

First Defendant

Richard and Glenys Moore

Second Defendants

Procedural Posture

Judicial Review (planning) / High Court Judgment on Application to Quash Planning Inspector's Decision

Legal Issues

  1. 1 Whether the planning inspector applied the correct legal test under section 72(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990 regarding preservation or enhancement of conservation areas
  2. 2 Whether local development plan policies required a more stringent test than the statutory requirement

Ratio Decidendi

The inspector applied the correct legal test by determining that the proposed development would preserve the character and appearance of the conservation area, which is sufficient under section 72(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990. Neither the Structure Plan nor the Local Plan required a more stringent test than the statutory provision.

Court Disposition

Application dismissed

Orders

  • Application to quash inspector's decision refused
  • Provisional order for claimant to pay Secretary of State's costs assessed at £5,697.66, subject to written representations