Clin v Walter Lilly & Co. Ltd [2021] EWCA Civ 136 (08 February 2021)

Clin v Walter Lilly & Co. Ltd [2021] EWCA Civ 136 (08 February 2021)

The threshold question of whether demolition has occurred under s.74 of the Planning (Listed Buildings and Conservation Areas) Act 1990 is a matter of fact and degree, assessed by the extent of removal of the building's fabric, not by qualitative assessment of the impact on the character or appearance of the conservation area. The judge was correct to find that the works amounted to substantial demolition requiring conservation area consent.

Citation
[2021] EWCA Civ 136
Parties
Appellant/defendant: Mr Jean-Francois 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 (technology and Construction Court)
Outcome
Appeal dismissed
Legal Topics
Conservation Area Consent, Demolition in Conservation Areas, Implied Contractual Obligations, Extension of Time for Completion, Liquidated Damages, Statutory Interpretation
Planning Law Contract Law Construction Law Conservation Area Consent Demolition in Conservation Areas Implied Contractual Obligations Extension of Time for Completion Liquidated Damages +1 more

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Parties

Mr Jean-Francois Clin

Appellant/defendant

Walter Lilly & Co. Limited

Respondent/claimant

Procedural Posture

Civil Appeal / Court of Appeal Judgment on Appeal From High Court (technology and Construction Court)

Legal Issues

  1. 1 Whether the construction works amounted to demolition requiring conservation area consent under s.74 of the Planning (Listed Buildings and Conservation Areas) Act 1990
  2. 2 Whether the judge erred in law or fact in concluding that conservation area consent was required
  3. 3 Whether qualitative considerations of character and appearance are relevant to the threshold question of demolition under s.74

Ratio Decidendi

The threshold question of whether demolition has occurred under s.74 of the Planning (Listed Buildings and Conservation Areas) Act 1990 is a matter of fact and degree, assessed by the extent of removal of the building's fabric, not by qualitative assessment of the impact on the character or appearance of the conservation area. The judge was correct to find that the works amounted to substantial demolition requiring conservation area consent.

Court Disposition

Appeal dismissed

Orders

  • Declaration that Mr Clin breached his implied contractual obligation to use due diligence to obtain necessary permissions for the works
  • Walter Lilly entitled to extension of time for completion of 53.2 weeks