Listed status bid for England’s lost memorials – BBC News
‘Hundreds of forgotten, secret and little-known memorials across England have been nominated for listed status by members of the public.’
BBC News, 30th July 2018
Source: www.bbc.co.uk
Category: listed buildings
Bath Abbey pews: costs – Law & Religion UK
‘In refusing the Victorian Society permission to appeal on the removal of pews from Bath Abbey on 1 March 2018, ([2018] EACC 1), the Dean of Arches directed that the Victorian Society (VS) should bear the petitioners’ reasonable costs of submitting the Response and the court costs of considering and determining the application. On 8 March 2018, the VS submitted a Representation on Costs (“the Representation”), dated 5 March 2018. “In purported reliance on Re St Mary, Sherborne [1996] Fam 63, the Victorian Society contends that the court costs on appeal should be paid by the petitioners irrespective of whether they have been successful or not on the appeal (at 70C)” .’
Law & Religion UK, 27th March 2018
Source: www.lawandreligionuk.com
Ecclesiastical court judgments – December – Law & Religion UK
‘Review of the ecclesiastical court judgments during December 2017.’
Law & Religion UK, 16th January 2018
Source: www.lawandreligionuk.com
Bath Abbey can remove its pews to let it hold bake sales and graduation ceremonies, court rules – Daily Telegraph
‘Churches don’t need pews any more because they are increasingly used for bake sales and art exhibitions, a church court has said, as it ruled Bath Abbey can remove its Victorian pews.’
Daily Telegraph, 19th December 2017
Source: www.telegraph.co.uk
Balancing mission, aesthetics and heritage of parish churches – further considerations – Law & Religion UK
‘In our post, Balancing mission, aesthetics and heritage of parish churches, we noted that the Church’s consistory courts are frequently required to weigh up the relative merits of proposed building work for repair or modification in terms of their impact on the heritage and aesthetics of the building against its overall mission within the community.’
Law & Religion UK, 13th September 2017
Source: www.lawandreligionuk.com
Tudor mansion arsonist jailed after being caught by single match – The Guardian
‘An arsonist who caused £5m worth of damage to a Tudor mansion has been jailed for four and a half years after being caught by a single match.’
The Guardian, 18th August 2017
Source: www.theguardian.com
Ecclesiastical court judgments – July – Law & Religion UK
‘Review of the ecclesiastical court judgments during July 2017.’
Law & Religion UK, 3rd August 2017
Source: www.lawandreligionuk.com
Guidance on “Ruined Churches” – Law & Religion UK
‘ChurchCare has published a CBC Guidance Note on Ruined Churches, (“the Note”). Whilst much of the 14-page document is concerned with explaining the options available to dioceses and parishes for the management of these buildings, it also includes a brief summary of the law relevant to this little-explored area.’
Law & Religion UK, 24th July 2017
Source: www.lawandreligionuk.com
Regina (Williams) v Powys County Council – WLR Daily
Regina (Williams) v Powys County Council [2017] EWCA Civ 427
‘The defendant local planning authority granted planning permission for the erection of a wind turbine on the farm of the interested party. The wind turbine was erected on the side of a hill the other side of which, about 1·5 km from the wind turbine, was a Grade II* listed building. Several scheduled monuments were also in the surrounding area, two of which were within two km of the site. The claimant, a local resident, applied for judicial review of the council’s decision to grant planning permission. The judge dismissed the claim, determining that (i) the planning authority was not required to consult the Welsh ministers under article 14 of the Town and Country Planning (Development Management Procedure) (Wales) Order 2012 as the requirement to consult on development “likely to affect the site of a scheduled monument” in paragraph k of Schedule 4 to the Order applied only to development likely to have some direct physical effect on the monument, not also to development likely to have visual effects on the setting of the monument, and (ii) the planning authority had not erred in failing to perform the duty in section 66(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990, which required it to have special regard to the desirability of preserving the setting of a listed building when deciding whether to grant planning permission for development which affected a listed building or its setting.’
WLR Daily, 9th June 2017
Source: www.iclr.co.uk
English Heritage faces High Court battle over plans to dig underneath medieval tower to add visitor centre – Daily Telegraph
‘English Heritage is facing a High Court battle over plans to dig underneath a medieval tower to add a visitor centre.’
Daily Telegraph, 28th January 2017
Source: www.telegraph.co.uk
MPs to scrutinise cost of parliament restoration works – BBC News
‘MPs have launched an inquiry into the planned renovation of the Palace of Westminster amid concerns it may not provide value for money.’
BBC News, 15th January 2017
Source: www.bbc.co.uk
‘Less than substantial harm’ test for heritage site was wrongly applied, rules High Court – OUT-LAW.com
‘A planning inspector failed to apply a required test when allowing a development that would cause ‘less than substantial harm’ to a designated heritage asset, the High Court has ruled.’
OUT-LAW.com, 16th March 2016
Source: www.out-law.com
Ombudsman accuses council of failing to apply correct law in planning case – Local Government Lawyer
‘The Local Government Ombudsman has urged a borough council to provide conservation training for all its planning officers after accusing the authority of failing to apply the correct law and guidance.’
Local Government Lawyer, 26th November 2015
Source: www.localgovernmentlawyer.co.uk
Owner who ‘ripped out layers of history’ from listed house must pay £300,000 – The Guardian
‘A property developer who illegally modernised the historic building behind the hymn All Things Bright and Beautiful has been told by a judge to pay out £300,000 or go to jail.’
The Guardian, 18th August 2015
Source: www.guardian.co.uk
The ABCs of ACVs – Hardwicke Chambers
‘As of eight weeks ago, visitors to Maida Vale have one less pub to drink in. That’s because in April, overzealous developers bulldozed The Carlton Tavern public house to the ground. Local residents can breathe a sigh of relief, however, for the pub is going to be rebuilt brick by brick – such is the punishment meted out to the developers for bulldozing the pub in violation of planning rules. View the report on the BBC website. ‘
Hardwicke Chambers, 10th June 2015
Source: www.hardwicke.co.uk
Listed Building Prosecutions: A Practical Guide “Pitfalls Which Local Planning Authorities Should Avoid” – No. 5 Chambers
‘There are three principal weapons in the local authority armoury to tackle breaches of planning control in respect of listed buildings: (i) criminal prosecution (ii) listed building enforcement notice and (iii) injunction pursuant to section 44A (1) of the Listed Buildings Act 1990. They are not mutually incompatible. Criminal prosecution can be pursued alongside service of an enforcement notice or injunctive proceedings.’
No. 5 Chambers, 2nd July 2015
Source: www.no5.com
In re St John the Baptist, Penshurst – WLR Daily
In re St John the Baptist, Penshurst [2015] WLR (D) 115
‘Since the decision to grant a faculty for the removal of a chancel screen of artistic merit from a Grade 1 listed church had been based on an erroneous evaluation of the facts, applying the test in In re St Edburga’s, Abberton [1962] P 10, the appeal had to be allowed and the grant set aside; but, considering the matter anew, the faculty would nevertheless issue.’
WLR Daily, 9th March 2015
Source: www.iclr.co.uk
Judicial review changes: inevitably the same result if no unlawfulness? – UK Human Rights Blog
‘One of the proposals in the Criminal Justice and Courts Bill is that a challenge to an unlawful decision should fail if it is highly likely that the outcome for the applicant would not have been substantially different, had the public authority not acted unlawfully. This compares with the current test which is that the decision should be quashed unless it is inevitable that the decision would be the same.’
UK Human Rights Blog, 16th February 2014
Source: www.ukhumanrightsblog.com
G Hamilton (Tullochgribban Mains) Ltd v The Highland Council – WLR Daily
G Hamilton (Tullochgribban Mains) Ltd v The Highland Council [2012] UKSC 31; [2012] WLR (D) 200
“The procedure by which a mineral site was listed by a local planning authority, pursuant to its statutory duty to review old planning permissions for mineral working, was administrative and preliminary in nature and the extent of the site listed was not definitively determined at that stage.”
WLR Daily, 11th July 2012
Source: www.iclr.co.uk
Ashford Borough Council v Barratt and another – WLR Daily
“Although the common way of identifying a building was by its name and address, nothing in the Planning (Listed Buildings and Conservation Areas) Act 1990 precluded the list of listed buildings from using other sorts of identifying detail, such as verbal descriptions, map references, post-codes, explanatory notes, or photographs.”
WLR Daily, 26th January 2011
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
