East Riding of Yorkshire Council, R (on the application of) v Hobson [2008] EWHC 1003 (Admin) (18 April 2008)

East Riding of Yorkshire Council, R (on the application of) v Hobson [2008] EWHC 1003 (Admin) (18 April 2008)

In determining whether unauthorised works of alteration to a listed building affect its special character under section 7 of the 1990 Act, the court must consider the totality of the works, including subsequent reconstruction or restoration, if those works form part of the alteration. The assessment is not limited to the stage of dismantling alone, and the effect on character must be judged on the completed works as a matter of fact.

Citation
[2008] EWHC 1003 (Admin)
Parties
Claimant: East Riding of Yorkshire Council; Defendant: Hobson
Jurisdiction
England and Wales
Judgment Date
18 April 2008
Procedural Posture
Judicial Review (case Stated Appeal) / High Court Appeal From Magistrates' Court
Outcome
appeal dismissed
Legal Topics
Listed Buildings, Unauthorised Works, Alteration Vs Demolition, Statutory Interpretation, Criminal Liability Under Planning (listed Buildings and Conservation Areas) Act 1990
Planning Law Criminal Law Administrative Law Listed Buildings Unauthorised Works Alteration Vs Demolition Statutory Interpretation Criminal Liability Under Planning (listed Buildings and Conservation Areas) Act 1990

Case Brief

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Parties

East Riding of Yorkshire Council

Claimant

Hobson

Defendant

Procedural Posture

Judicial Review (case Stated Appeal) / High Court Appeal From Magistrates' Court

Legal Issues

  1. 1 Whether, in assessing if unauthorised works of alteration to a listed building affect its special character under section 7 of the Planning (Listed Buildings and Conservation Areas) Act 1990, the court should consider only the dismantling as charged or also subsequent unauthorised reconstruction/restoration works.

Ratio Decidendi

In determining whether unauthorised works of alteration to a listed building affect its special character under section 7 of the 1990 Act, the court must consider the totality of the works, including subsequent reconstruction or restoration, if those works form part of the alteration. The assessment is not limited to the stage of dismantling alone, and the effect on character must be judged on the completed works as a matter of fact.

Court Disposition

appeal dismissed

Orders

  • Costs ordered against the appellant authority, subject to detailed assessment.
  • Certificate of public importance granted on the legal issue for potential further appeal.