East Riding of Yorkshire Council, R (on the application of) v Hobson

East Riding of Yorkshire Council, R (on the application of) v Hobson

The court held that the District Judge was correct in law to consider the works of alteration as a whole, including both dismantling and reconstruction, when assessing whether the works affected the character of the listed building. The effect must be judged on the completed works, not artificially limited to a stage selected by the prosecutor.

Parties
Claimant: East Riding of Yorkshire Council; Defendant: Hobson
Jurisdiction
England and Wales
Judgment Date
18 April 2008
Procedural Posture
Criminal Appeal (case Stated) / Appeal From Magistrates' Court Decision
Outcome
Appeal dismissed
Legal Topics
Listed Buildings, Alteration Without Consent, Interpretation of Planning (listed Buildings and Conservation Areas) Act 1990, Effect on Character of Listed Building
Planning Law Criminal Law Listed Buildings Alteration Without Consent Interpretation of Planning (listed Buildings and Conservation Areas) Act 1990 Effect on Character of Listed Building

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Parties

East Riding of Yorkshire Council

Claimant

Hobson

Defendant

Procedural Posture

Criminal Appeal (case Stated) / Appeal From Magistrates' Court Decision

Legal Issues

  1. 1 Whether the court should consider only the dismantling works as charged or also subsequent unauthorised reconstruction/restoration when assessing effect on the character of a listed building under section 7 of the Planning (Listed Buildings and Conservation Areas) Act 1990

Ratio Decidendi

The court held that the District Judge was correct in law to consider the works of alteration as a whole, including both dismantling and reconstruction, when assessing whether the works affected the character of the listed building. The effect must be judged on the completed works, not artificially limited to a stage selected by the prosecutor.

Court Disposition

Appeal dismissed

Orders

  • Costs ordered against the appellant authority, subject to detailed assessment
  • Certificate of public importance granted