Successful defence of listed building judicial review

On 26 November 2021, following a rolled up hearing, Mrs Justice Steyn dismissed a claim for judicial review (R (Arnold) v Bath and North East Somerset Council and Cedar Care Homes CO/1822/2021) against the grant of planning permission and listed building consent for a major extension to a Grade II listed building in use as a care home.

Steyn J considered that there had been a failure to comply with section 66(1) PLBCA Act 1990 due to failure to make it clear to members of the planning committee that they were required to consider the impact on the setting of a neighbouring listed building. However, she went on to accept the submissions of the Defendant and the Interested Party that permission (and relief) should be refused under section 31 SCA (2A) and (3D). This was in circumstances where there was compelling evidence that officers would have advised that the impact on the neighbouring listed building was neutral, and where members had indicated that they found the public benefits of the scheme - including the creation and maintenance of much needed care home places for vulnerable people - to be extremely weighty.

Katherine Barnes acted for the Defendant and Juan Lopez acted for the Interested Party.