North Norfolk District Council v Secretary of State for Communities and Local Government & Anor

North Norfolk District Council v Secretary of State for Communities and Local Government & Anor

The inspector failed to comply with Section 66(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990 by not having special regard to the desirability of preserving the setting of listed buildings; instead, he conducted a straightforward planning balance under paragraph 134 of the NPPF without applying the statutory presumption, rendering the decision unlawful.

Parties
Claimant: North Norfolk District Council; 1st Defendant: Secretary of State for Communities and Local Government; 2nd Defendant: David Mack
Jurisdiction
England and Wales
Judgment Date
14 February 2014
Procedural Posture
Judicial Review / Final Judgment
Outcome
Decision quashed
Legal Topics
Planning Permission, Development Plan, Listed Buildings, Renewable Energy, Statutory Duty, Judicial Review
Administrative Law Planning Law Heritage Law Planning Permission Development Plan Listed Buildings Renewable Energy Statutory Duty +1 more

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Parties

North Norfolk District Council

Claimant

Secretary of State for Communities and Local Government

1st Defendant

David Mack

2nd Defendant

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the inspector failed to attach proper weight to the development plan as required by Section 38(6) of the Planning and Compulsory Purchase Act 2004
  2. 2 Whether the inspector failed to have special regard to the desirability of preserving the setting of listed buildings contrary to Section 66(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990

Ratio Decidendi

The inspector failed to comply with Section 66(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990 by not having special regard to the desirability of preserving the setting of listed buildings; instead, he conducted a straightforward planning balance under paragraph 134 of the NPPF without applying the statutory presumption, rendering the decision unlawful.

Court Disposition

Decision quashed

Orders

  • The inspector's decision is quashed.
  • No exercise of discretion to refuse relief.