Chandler v Secretary of State for the Communities & Local Government & Anor

Chandler v Secretary of State for the Communities & Local Government & Anor

The Inspector applied the correct legal test by determining that the proposed development would preserve the character and appearance of the conservation area, as required by section 72(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990. The development plans did not require a higher standard than the statutory provision, and enhancement was not a pre-condition for development.

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) / Judgment on Application to Quash Inspector's Decision
Outcome
Application dismissed
Legal Topics
Conservation Areas, Development Plans, Statutory Interpretation
Planning Law Administrative Law Conservation Areas Development Plans Statutory Interpretation

Case Brief

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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) / Judgment on Application to Quash Inspector's Decision

Legal Issues

  1. 1 Whether the 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 the relevant development plans required a higher standard than the statutory test

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, as required by section 72(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990. The development plans did not require a higher standard than the statutory provision, and enhancement was not a pre-condition for development.

Court Disposition

Application dismissed

Orders

  • Application to quash Inspector's decision is dismissed
  • Provisional order for costs: Claimant to pay Secretary of State's costs, summarily assessed at £5,697.66, subject to written representations within 14 days