Claimant seeking permission to demolish Grade II listed buildings — Local planning authority refusing application — Planning inspector dismissing appeal — Whether inspector had carried out proper inspection of site — Whether buildings suitable for listing — Sections 3 and 20 of the Planning (Listed Buildings and Conservation Areas) Act 1990 — Appeal dismissed
The claimant owned two Grade II listed buildings. He applied for planning permission to demolish the buildings, which were semi-derelict and damaged by fire and decay. The local planning authority refused his application, and he subsequently appealed to the Secretary of State under section 20 of the Planning (Listed Buildings and Conservation Areas) Act 1990.
Following written representations and a site visit, a planning inspector dismissed the appeal on the basis that, although the buildings were in a poor condition and some historic detail had been lost, the basic structure remained and the buildings were a significant addition to the character of the town. He also took the view that demolition would conflict with the object of the structure plan and the emerging plan policies, and that there was no evidence to suggest that any consideration had been given to finding a use for the buildings. The claimant appealed under section 3 of the 1990 Act. He complained, inter alia, that the inspector had failed to carry out a proper inspection of the site.
Held: The appeal was dismissed.
It was clear that the inspector had been fully aware of the poor state of the buildings, since he had raised that point in his report. There was no easy means of conducting an internal inspection, and the inspector had not considered that this was necessary. He had made a careful inspection of the buildings from all sides, while accompanied by the claimant, who had pointed out the extent of the damage to the buildings and their poor condition. In the circumstances, the inspector had no need to inspect the buildings any more thoroughly.
The claimant appeared in person; James Strachan (instructed by the Treasury Solicitor) appeared for the first defendant; the second defendants, Restromel Borough Council, did not appear and were not represented.
Eileen O’Grady, barrister
