The High Court has refused to allow an Alnwick couple permission to challenge an inspector’s decision upholding a listed building enforcement notice requiring them to remove uPVC double-glazed windows from their Georgian house and to replace them with windows appropriate to the architecture of the building.
Geoffrey and Jean Wigham had bought the listed house in 1979, when it was in a very poor state. Over the years, they conducted an extensive programme of refurbishment, including the gradual replacement, during the 1980s, of seven timber-framed windows.
The Wighams sought permission to appeal against the inspector’s decision to uphold the enforcement order. They argued that he had taken irrelevant matters into account, and had failed to provide adequate reasons for his decision.
However, dismissing the Wighams’ application, Stanley Burnton J held that there was nothing to suggest that the inspector’s reasons were inadequate.
The judge was satisfied that the inspector had addressed the issue of the buildings architectural integrity, and was not persuaded that the inspector’s decision contained any error of law.
Wigham’s Application Queen’s Bench Division: Administrative Court (Stanley Burnton J) 10 February 2003.
References: PLS News 11/02/03
