Source: All England Reporter
Publisher Citation: [2002] All ER (D) 11 (Jul)
Court: Administrative Court
Judge:

Sullivan J

Representation David Fletcher (instructed by Thring Townsend, Bath) for the claimant.
  David Coppel (instructed by the Treasury Solicitor) for the Secretary of State.
Judgment Dates: 1 July 2002

Catchwords

Town and country planning - Discontinuance order - Proper planning interests of area - Secretary of State confirming discontinuance order - Order land adjacent to listed building - Secretary of State taking account of preservation of listed building in confirming order - Whether Secretary of State in error - Town and Country Planning Act, ss 102, 103, 288.

The Case

In confirming a discontinuance order made pursuant to s102 of the it was held that the preservation of the setting of a listed building, and the creation of conditions which were favourable for the restoration of that building were factors which fell within the interests of proper planning in the area, and were therefore not irrelevant considerations for the Secretary of State and his inspector to have taken into account.

Practice Areas

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