Barnwell Manor Wind Energy Ltd v East Northamptonshire DC
[2014] EWCA Civ 137
Independent editorial summary — not the official judgment. Read the full judgment via the source link.
Ratio Decidendi
When deciding planning applications affecting the setting of a listed building, the decision-maker must give considerable importance and weight to the desirability of preserving the setting, as required by s.66 of the Listed Buildings Act 1990.
Facts
Planning permission was granted for wind turbines near a Grade I listed building. The heritage objection was that the turbines would harm the building's setting.
Judgment Summary
The Court of Appeal held that s.66 creates a strong presumption against granting permission that would harm the setting of a listed building. The decision-maker must give the statutory duty 'considerable importance and weight'.
Key Quotes
"In order to give effect to the statutory duty under section 66(1), a decision-maker should accord considerable importance and weight to the “desirability of preserving… the setting” of listed buildings when weighing this factor in the balance with other ‘material considerations’ which have not been given this special statutory status."
— Lang J, quoted with approval by Sullivan LJ at [10](verbatim, verified against the judgment)
Subsequent Treatment
Applied in all subsequent planning cases affecting listed buildings' settings.
What To Do Next
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