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.
ข้อเท็จจริง
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.
สรุปคำพิพากษา
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'.
คำกล่าวสำคัญ
"A decision-maker must give considerable importance and weight to the desirability of preserving the setting of listed buildings."
— Sullivan LJ
การอ้างอิงภายหลัง
Applied in all subsequent planning cases affecting listed buildings' settings.