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所有案例
Heritage Law
Court of Appeal
2014

Barnwell Manor Wind Energy Ltd v East Northamptonshire District Council

[2014] EWCA Civ 137

判决理由

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.

事实

A wind farm application was refused partly on the ground of harm to the setting of listed buildings. The developer appealed.

判决摘要

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'.

关键引述

"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

后续处理

Applied

Routinely applied in heritage planning cases.