Jones v Mordue & Anor

Jones v Mordue & Anor

The Inspector's decision letter, when read as a whole and in context, adequately demonstrated compliance with section 66(1) of the Listed Buildings Act and the relevant planning policies. There was no substantial doubt that the Inspector gave the required weight to the desirability of preserving the setting of listed buildings, and the reasons given were sufficient. The appeal was allowed and the Inspector's grant of planning permission was upheld.

Parties
Appellant: Aidan Jones; First Respondent: Jane Margaret Mordue; Second Respondent: Secretary of State for Communities and Local Government; Third Respondent: South Northamptonshire Council
Jurisdiction
England and Wales
Judgment Date
03 December 2015
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
Appeal allowed; Inspector's decision reinstated
Legal Topics
Listed Buildings, Planning Permission, Judicial Review, Heritage Assets, Statutory Interpretation
Planning Law Administrative Law Listed Buildings Planning Permission Judicial Review Heritage Assets Statutory Interpretation

Case Brief

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Parties

Aidan Jones

Appellant

Jane Margaret Mordue

First Respondent

Secretary of State for Communities and Local Government

Second Respondent

South Northamptonshire Council

Third Respondent

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the Inspector gave adequate reasons for granting planning permission affecting listed buildings under section 66(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990
  2. 2 Whether the Inspector complied with the duty to give considerable weight to the desirability of preserving the setting of listed buildings
  3. 3 Whether the Inspector properly applied section 38(6) of the Planning and Compulsory Purchase Act 2004

Ratio Decidendi

The Inspector's decision letter, when read as a whole and in context, adequately demonstrated compliance with section 66(1) of the Listed Buildings Act and the relevant planning policies. There was no substantial doubt that the Inspector gave the required weight to the desirability of preserving the setting of listed buildings, and the reasons given were sufficient. The appeal was allowed and the Inspector's grant of planning permission was upheld.

Court Disposition

Appeal allowed; Inspector's decision reinstated

Orders

  • The appeal is allowed
  • The Inspector's grant of planning permission is upheld