Conservation in UK Law

Leading Cases
  • South Lakeland District Council v Secretary of State for the Environment and Another
    • House of Lords
    • 30 Enero 1992

    If any proposed development would conflict with that objective, there will be a strong presumption against the grant of planning permission, though, no doubt, in exceptional cases the presumption may be overridden in favour of development which is desirable on the ground of some other public interest.

    All building development must involve change and if the objective of section 277(8) were to inhibit any building development in a conservation area which was not either a development by way of reinstatement or restoration on the one hand ("positive preservation") or a development which positively enhanced the character or appearance of the area on the other hand, it would surely have been expressed in very different language from that which the draftsman has used.

  • Barnwell Manor Wind Energy Ltd v East Northamptonshire District Council and Others
    • Court of Appeal (Civil Division)
    • 18 Febrero 2014

    There is a "strong presumption" against granting planning permission for development which would harm the character or appearance of a conservation area precisely because the desirability of preserving the character or appearance of the area is a consideration of "considerable importance and weight."

  • Shimizu (U.K.) Ltd v Westminster City Council
    • House of Lords
    • 06 Febrero 1997

    I should like to make it clear that I do not see the word "demolition" as applying only where the proposal is that every single part of the listed building should be pulled down. It is now commonplace, especially in towns and cities, where the exterior of a building contributes to the architectural or historic interest of a group of buildings such as buildings in a terrace, for the façade to be left standing while clearing the remainder of the site for redevelopment.

  • R (Hart District Council v ((1) The Secretary of State for Communities and Local Government (2) Luckmore Ltd (3) Barratt Homes Ltd) v ((1) Tayor Wimpey Developments Ltd (2) Natural England Interested Parties
    • Queen's Bench Division (Administrative Court)
    • 01 Mayo 2008

    For all these reasons, I am satisfied that there is no legal requirement that a screening assessment under Regulation 48(1) must be carried out in the absence of any mitigation measures that form part of a plan or project. On the contrary, the competent authority is required to consider whether the project, as a whole, including such measures, if they are part of the project, is likely to have a significant effect on the SPA.

  • No Adastral New Town Ltd (Claimant/Appellant) v (1) Suffolk Coastal District Council (2) Secretary of State for Communities and Local Government (Interested Party/Respondent)
    • Court of Appeal (Civil Division)
    • 17 Febrero 2015

    Article 6(3) provides that any plan or project not directly connected with or necessary to the management of an SPA but likely to have a significant effect on it shall be subject to appropriate assessment of its implications for the site in view of the site's conservation objectives; and in the light of the conclusions of the assessment, the competent national authorities shall agree to the plan or project only after having ascertained that it will not adversely affect the integrity of the site and, if appropriate, after having obtained the opinion of the general public.

  • Edinburgh Council (City of) v Secretary of State for Scotland
    • House of Lords
    • 16 Octubre 1997

    In the practical application of section 18A it will obviously be necessary for the decision-maker to consider the development plan, identify any provisions in it which are relevant to the question before him and make a proper interpretation of them. His decision will be open to challenge if he fails to have regard to a policy in the development plan which is relevant to the application or fails properly to interpret it.

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Books & Journal Articles
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Law Firm Commentaries
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  • Planning statutory review claim form
    • HM Courts & Tribunals Service court and tribunal forms
    Planning Court forms including the statutory review claim form.
    ... ... section 288 of the Town and Country Planning Act 1990 ... section 63 of the Planning (Listed Buildings and Conservation Areas) Act 1990 ... section 22 of the Planning (Hazardous Substances) Act 1990 ... section 113 of the Planning and Compulsory Purchase Act 2004 ... ...
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