Barnwell Manor Wind Energy Ltd v East Northamptonshire District Council
[2014] EWCA Civ 137
Ratio Decidendi
When considering planning applications that may affect the setting of listed buildings, the decision-maker must give 'considerable importance and weight' to any harm identified, reflecting the statutory presumption in s.66 of the Planning (Listed Buildings and Conservation Areas) Act 1990.
حقائق
A wind farm application was refused partly on the ground of harm to the setting of listed buildings. The developer appealed.
فیصلے کا خلاصہ
The Court of Appeal held that s.66 creates a strong presumption against granting permission for development that harms the setting of a listed building. Decision-makers must give the desirability of preservation 'considerable importance and weight'.
اہم اقتباسات
"The statutory duty in s.66 requires the decision-maker to give considerable importance and weight to the desirability of preserving the setting of listed buildings."
— Sullivan LJ
بعد کا علاج
Routinely applied in heritage planning cases.