Blackpool Borough Council, R (on the application of) v Secretary of State for Communities and Local Government & Anor [2016] EWHC 1059 (Admin) (09 May 2016)

Blackpool Borough Council, R (on the application of) v Secretary of State for Communities and Local Government & Anor [2016] EWHC 1059 (Admin) (09 May 2016)

The inspector erred in law by failing to give the required considerable importance and weight to the harm to the synagogue's historic and architectural features, and by downplaying the statutory duty to preserve the listed building. The inspector's reasoning treated the harm as slight and did not properly balance it against public benefits as required by the NPPF and statute.

Citation
[2016] EWHC 1059 (Admin)
Parties
Claimant: Blackpool Borough Council; First Defendant: Secretary of State for Communities and Local Government; Second Defendant: Thompson Property Investments Ltd
Jurisdiction
England and Wales
Judgment Date
09 May 2016
Procedural Posture
Judicial Review Under Section 288 Town and Country Planning Act 1990 and Section 63 Planning (listed Buildings and Conservation Areas) Act 1990 / High Court Judgment on Application to Quash Planning Inspector's Decision
Outcome
Application granted; inspector's decision quashed.
Legal Topics
Listed Buildings, Planning Permission, Heritage Assets, Judicial Review, Statutory Interpretation
Administrative Law Planning Law Heritage Law Listed Buildings Planning Permission Heritage Assets Judicial Review Statutory Interpretation

Case Brief

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Parties

Blackpool Borough Council

Claimant

Secretary of State for Communities and Local Government

First Defendant

Thompson Property Investments Ltd

Second Defendant

Procedural Posture

Judicial Review Under Section 288 Town and Country Planning Act 1990 and Section 63 Planning (listed Buildings and Conservation Areas) Act 1990 / High Court Judgment on Application to Quash Planning Inspector's Decision

Legal Issues

  1. 1 Whether the planning inspector gave proper weight to the statutory duty to preserve listed buildings under section 66(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990
  2. 2 Whether the inspector properly applied the balancing exercise under paragraph 134 of the National Planning Policy Framework (NPPF)
  3. 3 Whether the inspector failed to have regard to Historic England's objections

Ratio Decidendi

The inspector erred in law by failing to give the required considerable importance and weight to the harm to the synagogue's historic and architectural features, and by downplaying the statutory duty to preserve the listed building. The inspector's reasoning treated the harm as slight and did not properly balance it against public benefits as required by the NPPF and statute.

Court Disposition

Application granted; inspector's decision quashed.

Orders

  • Inspector's decision quashed.
  • Secretary of State to pay Blackpool Borough Council's costs, summarily assessed at £10,551.50.