DC Casebook: Retail Development - Upper floor argument ruled unreasonable

Planning, 16 May 2008

The grade II listed property lay in a town centre conservation area. The company sought to install a new fascia and projecting signs and to refurbish the ground floor. The council refused consent on the grounds that the proposal would not accord with policy objectives seeking to increase the economic use of the upper parts of listed buildings in the centre.

The appellants did not object to the principle of trying to increase use of the upper floors. However, they cited counsel's opinion that it would be unreasonable for the council to refuse consent on the basis that a separate access to the upper floors was not included in the scheme. They argued that the council's request for a new staircase and separate entrance on the ground floor was unreasonable and had no bearing on the merits of the submitted scheme.

At the hearing, the council agreed that it had acted unreasonably in refusing listed building consent and subsequently confirmed this by letter. The inspector found the scheme acceptable and allowed the appeal. He also decided that the appellant should be reimbursed for costs incurred up to the point at which the council wrote to the Planning Inspectorate confirming that it had changed its view on the matter.

DCS Number 100-054-695

Inspector Ken Barton; Hearing.