Bath Abbey can remove its pews to let it hold bake sales and graduation ceremonies, court rules – Daily Telegraph

Posted December 20th, 2017 in Church of England, ecclesiastical law, listed buildings, news by sally

‘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.’

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Daily Telegraph, 19th December 2017


Balancing mission, aesthetics and heritage of parish churches – further considerations – Law & Religion UK

Posted September 13th, 2017 in Church of England, ecclesiastical law, listed buildings, news, planning by tracey

‘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.’

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Law & Religion UK, 13th September 2017


Tudor mansion arsonist jailed after being caught by single match – The Guardian

Posted August 21st, 2017 in alcohol abuse, arson, DNA, drug abuse, listed buildings, news, sentencing by sally

‘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.’

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The Guardian, 18th August 2017


Ecclesiastical court judgments – July – Law & Religion UK

‘Review of the ecclesiastical court judgments during July 2017.’

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Law & Religion UK, 3rd August 2017


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.’

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Law & Religion UK, 24th July 2017


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


English Heritage faces High Court battle over plans to dig underneath medieval tower to add visitor centre – Daily Telegraph

Posted January 30th, 2017 in judicial review, listed buildings, local government, news, planning by sally

‘English Heritage is facing a High Court battle over plans to dig underneath a medieval tower to add a visitor centre.’

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Daily Telegraph, 28th January 2017


MPs to scrutinise cost of parliament restoration works – BBC News

Posted January 16th, 2017 in inquiries, listed buildings, news, parliament, repairs, reports, select committees by sally

‘MPs have launched an inquiry into the planned renovation of the Palace of Westminster amid concerns it may not provide value for money.’

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BBC News, 15th January 2017


‘Less than substantial harm’ test for heritage site was wrongly applied, rules High Court –

Posted March 18th, 2016 in listed buildings, news, planning by tracey

‘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.’

Full story, 16th March 2016


Ombudsman accuses council of failing to apply correct law in planning case – Local Government Lawyer

Posted November 27th, 2015 in listed buildings, local government, news, planning by sally

‘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.’

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Local Government Lawyer, 26th November 2015


Owner who ‘ripped out layers of history’ from listed house must pay £300,000 – The Guardian

Posted August 19th, 2015 in costs, fines, listed buildings, news, planning by sally

‘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.’

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The Guardian, 18th August 2015


The ABCs of ACVs – Hardwicke Chambers

Posted July 28th, 2015 in listed buildings, local government, news, planning by sally

‘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. ‘

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Hardwicke Chambers, 10th June 2015


Listed Building Prosecutions: A Practical Guide “Pitfalls Which Local Planning Authorities Should Avoid” – No. 5 Chambers

Posted July 28th, 2015 in crime, listed buildings, local government, news, planning, prosecutions by sally

‘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.’

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No. 5 Chambers, 2nd July 2015


In re St John the Baptist, Penshurst – WLR Daily

Posted March 17th, 2015 in appeals, ecclesiastical law, law reports, listed buildings by sally

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


Judicial review changes: inevitably the same result if no unlawfulness? – UK Human Rights Blog

Posted February 17th, 2014 in environmental protection, judicial review, listed buildings, news by sally

‘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.’

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UK Human Rights Blog, 16th February 2014


G Hamilton (Tullochgribban Mains) Ltd v The Highland Council – WLR Daily

Posted July 16th, 2012 in law reports, listed buildings, planning, Supreme Court by sally

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


Ashford Borough Council v Barratt and another – WLR Daily

Posted January 28th, 2011 in change of name, law reports, listed buildings, planning by sally

“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


Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Pensioner in trouble over house painting face-lift – Daily Telegraph

Posted October 27th, 2008 in listed buildings, news, planning by sally

“A pensioner who revamped her cottage by painting it blue has been threatened with legal action unless she returns it to its original shade of yellow.”

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Daily Telegraph, 27th Octiber 2008


Demolished listed house must be restored – Daily Telegraph

Posted July 5th, 2007 in listed buildings, news by sally

“A millionaire who demolished a £2 million Georgian house to rebuild it as “something straight out of Footballers’ Wives”, was yesterday ordered to spend £500,000 on restoring it to its former glory. Andrew Hazell, 45, did not seek planning permission for the sweeping changes he made to his six-bedroomed, Grade II-listed home.”

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Daily Telegraph, 5th July 2007