42 CONTEXT 177 : SEPTEMBER 2023 Legal update Don’t ignore the amenity societies Alexandra Fairclough writes: Several legal and policy issues relating to heritage have caught my eye this quarter. First, the High Court ruled that it was unlawful of Broxtowe Borough Council to grant listed building consent1 for works to a Grade II* listed building on 16 February 2023 without notifying the Society for the Protection of Ancient Buildings (SPAB). In this unreported application for judicial review, SPAB (the claimant) presented three grounds2 against the decision of Broxtowe Council (the defendant) to grant listed building consent for works to Willoughby Almshouses, Church Lane, Cossall, Nottinghamshire. Willoughby Almshouses were built in 1685, originally for ‘four single poor men over 60 years of age and four single poor women over 55 years of age’. The listed building, comprising eight almshouses and an adjoining boundary wall, was listed in 1952. In brief, the grounds included failing to notify SPAB or the other national amenity societies in breach of the notification direction, as the application included the demolition of part of the building. An alternative to this ground was that the council failed to consider whether the notification direction required the national amenity societies to be consulted. It also included failing to take into account relevant considerations, being the representations of SPAB, the Council for British Archaeology and the Ancient 1 Reference 21/00508/LBC ² The review includes extracts from the case bundle with thanks to Richard Harwood KC of 39 Essex Chambers, who acted as counsel. The solicitors for SPAB were Susan Ring and Alice Goodenough of Harrison Grant Ring. Daniel Kozelko of 39 Essex Chambers was the barrister who attended the hearing. Monuments Society when required, and failed to give adequate and intelligible reasons (or any reasons) for its decision, in circumstances where the common law required reasons to be given. The council agreed to submit to judgment. An important aspect of this case is the requirement on local planning authorities to notify the national amenity societies of listed building consent applications for the demolition of a listed building or the demolition of part of a listed building. The national amenity societies are concerned that this duty is often overlooked or misunderstood by councils. Proposed development: Planning permission and listed building consent was sought for ‘Residential extensions and refurbishments creating one two-bedroomed dwelling (House 1), two threebedroomed dwellings (House 3 and 4) and one four-bedroomed dwelling (House 2), new gardens, a new vehicular access and a car park, off-site alterations to junction of track to the east of the site with Church Lane and to remove certain trees from the rear of the site.’ The scheme involves the demolition of four rear extensions, totalling 32 per cent of the footprint of the building. Background: The listed building is included on the Historic England’s buildings-at-risk register. The local authority conservation officer objected. Historic England was consulted and objected. Historic England considered the harm to be a ‘high level of less than substantial harm’. The application was recommended for refusal. The national amenity societies were not consulted by the council on the listed building application, and they were unaware of the applications until after the council’s committee resolution at which the council committee resolved to allow it, subject to conditions. The minutes to this decision meeting state, among other things, that ‘The debate centred on the duty of the committee to ensure that the condition of the Almshouses did not degenerate further, versus the importance of preserving their unique character with a more sympathetic redevelopment. It was noted that Cossall Parish Council strongly supported the proposed development.’ Consequently, the decision by the defendant to grant listed building consent was quashed on 27 June 2023 and shall be determined afresh. The defendant was directed to pay the court costs of the claimant. Local planning authorities have a duty to notify Historic England and the national amenity societies under the procedures set out in ‘Arrangements for handling heritage applications: notification to Historic England and national amenity societies and the Secretary of State (England) Direction 2021’. Appeals decision service A new appeals decision service was launched in July 2023. This relates to section 78 planning and householder decisions in any local planning authority in England. Such appeals must be submitted through the new Appeals Service. It does not include listed building consent decisions. The existing Appeals Casework Portal will be closing to new appeals in the next few months. However, for now searching and commenting on appeals should be done through the Appeals Casework Service.
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