Chambers & Anor v Guildford Borough Council

The High Court's jurisdiction to determine whether listed building consent is required is not exclusive and does not exclude the planning process. The initial decision on whether consent is necessary is for the planning authority and, if necessary, the Secretary of State on appeal. It is more appropriate for the issues to be resolved through ordinary planning procedures rather than by the Court at this stage.

Parties: Claimant: Peter Chambers; Claimant: Emma Chambers; Defendant: Guildford Borough Council
Jurisdiction: England and Wales
Judgment Date: 22 April 2008
Procedural Posture: Civil / Preliminary Issue Determination
Outcome: Proceedings stayed
Legal Topics: Listed Buildings, Jurisdiction of Planning Authorities, Declaratory Relief, Curtilage Listing

Planning Law Administrative Law Listed Buildings Jurisdiction of Planning Authorities Declaratory Relief Curtilage Listing

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Parties

Peter Chambers

Claimant

Emma Chambers

Claimant

Guildford Borough Council

Defendant

Procedural Posture

Civil / Preliminary Issue Determination

Legal Issues

1 Whether the High Court or planning authorities have jurisdiction to determine if listed building consent is required for removal of a structure within the curtilage of a listed building
2 Whether it is appropriate for the Court to entertain an application for a declaration on the need for listed building consent before the planning process is exhausted

Ratio Decidendi

Court Disposition

Proceedings stayed

Orders

Proceedings stayed to allow a fresh application for listed building consent and, if necessary, an appeal through the planning process
Either party may apply to lift the stay if a technicality prevents all necessary issues being decided