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.
Facts
A wind farm application was refused partly on the ground of harm to the setting of listed buildings. The developer appealed.
Judgment Summary
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'.
Key Quotes
"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
Subsequent Treatment
Routinely applied in heritage planning cases.