The High Court has quashed a certificate of lawfulness of proposed use or development (CLOPUD) for the construction of a new car park at Brandon railway station. The scheme involved the demolition of an 1845 railway building. Greater Anglia had said that the scheme could be carried out under the permitted development rights given to railway undertakers.
SAVE Britain’s Heritage claimed that Breckland District Council had failed to consider lawfully whether the car park was entirely on operational land, since operations land does not include ‘land which, in respect of its nature and situation, is comparable rather with land in general than with land which is used, or in which interests are held, for the purpose of the carrying on of statutory undertakings’: Town and Country Planning Act 1990, s 262(2). It also, SAVE said, failed to lawfully consider whether all the land was within the railway station, as well as failing to consider SAVE’s representations, having promised to do to.
Council agreed to submit to judgment.
The railway station building is constructed of knapped flint, gault brick and slate to a design by John Thomas, who was also appointed as the superintendent of stone-carving at the Palace of Westminster by Sir Charles Barry. He was also commissioned by Prince Albert for work at Buckingham Palace and Windsor. More recently the railway station was used for the filming of the comedy series Dad’s Army.
SAVE Britain’s Heritage’s press release is here.
Richard Harwood QC acted for SAVE, instructed by Susan Ring of Harrison Grant.