Blackpool Borough Council, R (on the application of) v Secretary of State for Communities and Local Government & Anor

Blackpool Borough Council, R (on the application of) v Secretary of State for Communities and Local Government & Anor

The inspector failed to give the required considerable importance and weight to the harm to the synagogue and its features of special architectural and historic interest, and thus erred in law by not properly applying the statutory and policy requirements for the preservation of listed buildings.

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 / Judgment on Application to Quash Planning Inspector's Decision
Outcome
Application allowed; inspector's decision quashed.
Legal Topics
Listed Buildings, Heritage Assets, Planning Permission, Judicial Review, Local Development Plans
Planning Law Administrative Law Listed Buildings Heritage Assets Planning Permission Judicial Review Local Development Plans

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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 / Judgment on Application to Quash Planning Inspector's Decision

Legal Issues

  1. 1 Whether the inspector gave proper weight to the preservation of a listed building under section 66(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990
  2. 2 Whether the inspector properly applied the balancing exercise in 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 failed to give the required considerable importance and weight to the harm to the synagogue and its features of special architectural and historic interest, and thus erred in law by not properly applying the statutory and policy requirements for the preservation of listed buildings.

Court Disposition

Application allowed; inspector's decision quashed.

Orders

  • Inspector's decision quashed
  • Secretary of State to pay costs to the council in the assessed sum of £10,551.50