Barnwell Manor Wind Energy Ltd v East Northamptonshire DC
[2014] EWCA Civ 137
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.
Fakty
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.
Podsumowanie orzeczenia
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'.
Kluczowe cytaty
"A decision-maker must give considerable importance and weight to the desirability of preserving the setting of listed buildings."
— Sullivan LJ
Późniejsze zastosowanie
Applied in all subsequent planning cases affecting listed buildings' settings.