Kensworth Builders Ltd v Secretary of State for Communities and Local Government & Anor

Kensworth Builders Ltd v Secretary of State for Communities and Local Government & Anor

The Inspector's decision was lawful; none of the grounds advanced by KBL demonstrated error of law, irrationality, or failure to consider material factors. The origin of the pub was not established by evidence and not material; fallback rights were not properly raised or evidenced; change of use was a relevant consideration for listed building consent; viability was reasonably assessed; and no substantial doubt arose as to the Inspector's reasoning.

Parties
Claimant: Kensworth Builders Limited; First Defendant: Secretary of State for Communities and Local Government; Second Defendant: Central Bedfordshire Council
Jurisdiction
England and Wales
Judgment Date
04 March 2016
Procedural Posture
Section 288 Appeal (planning) / Judgment
Outcome
Appeal dismissed
Legal Topics
Listed Building Consent, Change of Use, Community Asset, Fallback Planning Permission, Viability Assessment
Planning Law Administrative Law Heritage Law Listed Building Consent Change of Use Community Asset Fallback Planning Permission Viability Assessment

Case Brief

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Parties

Kensworth Builders Limited

Claimant

Secretary of State for Communities and Local Government

First Defendant

Central Bedfordshire Council

Second Defendant

Procedural Posture

Section 288 Appeal (planning) / Judgment

Legal Issues

  1. 1 Whether the Inspector erred in law in upholding refusal of planning permission and listed building consent
  2. 2 Whether the origin of the pub was a material consideration
  3. 3 Whether the Inspector took irrelevant considerations into account

Ratio Decidendi

The Inspector's decision was lawful; none of the grounds advanced by KBL demonstrated error of law, irrationality, or failure to consider material factors. The origin of the pub was not established by evidence and not material; fallback rights were not properly raised or evidenced; change of use was a relevant consideration for listed building consent; viability was reasonably assessed; and no substantial doubt arose as to the Inspector's reasoning.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed; Inspector's decision upheld; no planning permission or listed building consent granted