Listed Building Threatened by Planning Application?

Judith Thompson

There is huge pressure upon local authorities to provide more housing, particularly when they are deciding whether to grant applications for large scale developments. 

When local authorities are considering planning applications involving listed buildings, they already have a statutory duty to give considerable weight to the setting of listed buildings that may be affected by developments.

In the recent case of Barnwell Manor Wind Energy Limited –v- Northants District Council, the Court held that planning officers, planning committees, and planning inspectors should give “considerable importance and weight” to the setting of a listed building, when carrying out the balancing act between the harm to the listed building and the granting of planning permission.

In the case known as Land East of Littleworth Lane, Partridge Lane, West Sussex, the planning inspector appointed by the Secretary of State found that:

  • the development of 58 dwellings in a rural and agricultural area would comprise "urban sprawl" which would erode the natural character and appearance of the countryside; 
  • the proposed development would erode the traditional relationship between the listed building, the nearby farm and their agricultural setting; and
  • there would be an unacceptable degree of harm to the conservation of a heritage asset and therefore the proposed development would not preserve the setting of the listed building.

As a result, the proposed development was found to be unsustainable and was rejected.

At Samuels we are able to advise both developers intending to make submissions to a planning authority and those who may be affected by planning applications. We can also assist through the whole planning process.

Contact us today for a free no obligation discussion about how we can help.