Summary
In determining conservation area consent, the statutory duty to pay special attention to preserving or enhancing the area does not impose an absolute prohibition on demolishing an old building. A building making a positive contribution attracts a general presumption in favour of retention, but that presumption may be outweighed by the merits of an appropriate replacement and the condition and value of the existing building.
Planning Policy Guidance Note 15 requires consideration of the broad criteria used for listed-building demolition, but does not require precisely the same strict approach. An officers’ report need not reproduce all policy wording. It must substantively equip the decision-maker to apply the law and consider the material factors.
Factual background
The claimant sought judicial review of Wiltshire Council’s renewed decision to grant conservation area consent for the demolition of an unlisted cottage in Little Cheverell conservation area and its replacement by a modern building of broadly similar dimensions and appearance.
An earlier consent had been quashed after the Council submitted to judgment because its reasons were inadequate. On reconsideration, the planning committee accepted that the cottage made a positive contribution to the conservation area, but concluded that the replacement would enhance its character and appearance. The claimant challenged the decision on the grounds of inadequate regard to Planning Policy Guidance Note 15, failure properly to apply that guidance, and irrationality.
Held
- Claim dismissed. The committee lawfully granted conservation area consent.
- Under sections 72 and 74 of the Planning (Listed Buildings and Conservation Areas) Act 1990, the focus is the character and appearance of the conservation area. The statutory scheme does not make demolition of an old or unlisted building invariably unacceptable.
- Paragraph 4.27 of Planning Policy Guidance Note 15 creates a general presumption in favour of retaining buildings which make a positive contribution. Its reference to the same broad criteria as listed-building demolition guidance does not import the identical strict approach applicable to listed buildings. The decision-maker may balance the existing building’s condition, repair cost, efforts to retain it, and the merits of the replacement proposal.
- The committee was entitled to treat the replacement building’s similar design, improved finish and retention of the existing setting as relevant to whether the area would be enhanced. The assessment was not an impermissible subjective claim based merely on superior architectural merit.
- The standard applicable to an officers’ report differs from the standard for reasons given by the final decision-maker. The report must give the decision-maker sufficient guidance on the legal approach and material considerations. It need not reproduce every relevant policy paragraph or all underlying material. The report met that standard.
- The irrationality challenge failed. It was lawful and rational to permit demolition of an old but undistinguished building where the committee considered that a modern replacement of similar appearance would make a greater contribution to the conservation area.
The court’s approach to earlier authorities
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Appellate history
An earlier grant of conservation area consent was quashed after the Council submitted to judgment because its reasons were inadequate. The present claim concerned the Council’s subsequent reconsideration and fresh decision.
Key cases cited
2 authorities cited.
- South Bucks District Council and another (Respondents) v. Porter (FC) (Appellant) [2004] UKHL 33
- Fulford v Secretary of State for the Environment unrep., 26 March 1997
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Cases citing this case
21 later cases · 18 positive · 3 neutral
Most senior citing decisions:
- Enlli Angharad Williams, R (on the application of) v Cyngor Gwynedd [2025] EWHC 2395 (Admin) considered
- Chidswell Action Group, R (on the application of) v Kirklees Council [2025] EWHC 2256 (Admin) followed
- Davies, R (on the application of) Royal Borough of Kensington and Chelsea [2024] EWHC 2711 (Admin) applied
- Worcestershire Acutehospitals NHS Trust, R (on the application of) v Malvern Hills District Council & Ors [2023] EWHC 1995 (Admin)
- Bailey, R (on the application of) v St Albans City and District Council & Anor [2020] EWHC 24 (Admin)
- Felicity Irving, R (on the application of) v Mid Sussex District Council [2019] EWHC 3406 (Admin)
- Rainbird, R (on the application of) v The Council of the London Borough of Tower Hamlets [2018] EWHC 657 (Admin)
- KP JR Management Company Ltd, R (On the Application Of) v London Borough of Richmond Upon Thames (Rev 1) [2018] EWHC 84 (Admin)
- Rogers, R (on the application of) v Wycombe District Council & Anor [2017] EWHC 3317 (Admin)
- Jayes, R (On the Application Of) v Hamilton [2017] EWHC 874 (Admin)
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