DC Casebook: Mixed Use Development - Costs awarded over conservation consent

An east London council's claim that conservation area consent is required to demolish buildings in parallel with determining a planning application has been overruled by an inspector who found that such an approach is desirable but not essential.

The scheme comprised a building up to seven storeys high, providing some 2,250m2 of class B1 business floor space and 58 homes. The council had no objection to the proposed redevelopment but claimed that the appeal could not be determined because no application for conservation area consent had been submitted. The inspector noted PPG15's advice that it is generally preferable if related applications for permission and conservation area consent are considered concurrently, but found no statutory basis for requiring this.

In any event, the grant of permission did not mean that the buildings could be removed. He thus saw no procedural reason for the council not to have determined the application by the statutory deadline, so avoiding the need for an appeal against non-determination. He held that the appellants were entitled to a partial award of costs to rebut the council's claim that planning permission could not be granted without concurrent consideration of a conservation area consent application.

Inspector: Vincent Maher; Inquiry.


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