Williams, R (On the Application Of) v Powys County Council (Rev 1)

Williams, R (On the Application Of) v Powys County Council (Rev 1)

The Council was not required to consult the Welsh Ministers under the 2012 Order as the requirement did not extend to the setting of scheduled monuments, only their site. However, the Council failed to perform its statutory duty under section 66(1) of the 1990 Act to consider the effect of the proposed development on the setting of the grade II* listed church, as the Planning, Design & Access Statement raised the issue and no explicit assessment was made. This was an error of law requiring the planning permission to be quashed.

Parties
Appellant: Graham Williams; Respondent: Powys County Council; Interested Party: Colin Bagley
Jurisdiction
England and Wales
Judgment Date
09 June 2017
Procedural Posture
Judicial Review Appeal / Court of Appeal Judgment
Outcome
Appeal allowed
Legal Topics
Consultation Requirements for Scheduled Monuments, Duty Under Section 66(1) Planning (listed Buildings and Conservation Areas) Act 1990, Interpretation of 'site' Versus 'setting', Judicial Review of Planning Decisions
Planning Law Administrative Law Heritage Law Consultation Requirements for Scheduled Monuments Duty Under Section 66(1) Planning (listed Buildings and Conservation Areas) Act 1990 Interpretation of 'site' Versus 'setting' Judicial Review of Planning Decisions

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Parties

Graham Williams

Appellant

Powys County Council

Respondent

Colin Bagley

Interested Party

Procedural Posture

Judicial Review Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether Powys County Council was required to consult the Welsh Ministers (Cadw) under the Town and Country Planning (Development Management Procedure) (Wales) Order 2012 for development affecting the setting of scheduled monuments
  2. 2 Whether Powys County Council failed to perform its statutory duty under section 66(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990 to have special regard to the desirability of preserving the setting of a listed building

Ratio Decidendi

The Council was not required to consult the Welsh Ministers under the 2012 Order as the requirement did not extend to the setting of scheduled monuments, only their site. However, the Council failed to perform its statutory duty under section 66(1) of the 1990 Act to consider the effect of the proposed development on the setting of the grade II* listed church, as the Planning, Design & Access Statement raised the issue and no explicit assessment was made. This was an error of law requiring the planning permission to be quashed.

Court Disposition

Appeal allowed

Orders

  • Planning permission quashed; matter remitted to Powys County Council for redetermination in accordance with the law