Geoffrey Simmonds, R (on the application of Geoffrey Simmonds) v Blaby District Council & Ors
[2023] EWHC 2217 (KB)
Save Britain’s Heritage, R (on the application of) v Herefordshire Council
23 June 2023
[2023] EWCA Civ 723
Court of Appeal
A council wanted to let someone knock down an old school. A group tried to stop it, saying the building was unsafe. The court looked at the evidence and decided the building wasn't unsafe enough to prevent it from being knocked down, even though the council made some small mistakes in explaining its reasoning.
Key Facts
- •Herefordshire Council approved the demolition of the Old School in Garway as permitted development.
- •Save Britain's Heritage challenged this decision via judicial review.
- •The key legal question was whether the demolition was excluded from permitted development rights under paragraph B.1(a) of the Town and Country Planning (General Permitted Development) (England) Order 2015.
- •The Old School was built in 1877, vacant since 2002, and had suffered vandalism.
- •Planning permission for conversion to dwellings had expired.
- •The planning officer conducted site visits and reviewed objections before making decisions.
- •The planning officer's reports contained some errors in paraphrasing the statutory test.
Legal Principles
Planning permission is required for building demolition (section 55, Town and Country Planning Act 1990).
Town and Country Planning Act 1990, section 55
Certain classes of development are permitted under the Town and Country Planning (General Permitted Development) (England) Order 2015 (the Order).
Town and Country Planning (General Permitted Development) (England) Order 2015
Demolition is permitted development unless excluded under paragraph B.1(a) of Class B, Schedule 2 to the Order. This exclusion requires three elements: (1) the building was rendered unsafe or uninhabitable; (2) by action or inaction of a person with an interest in the land; (3) safety or health is practicable to secure by repairs.
Town and Country Planning (General Permitted Development) (England) Order 2015, Schedule 2, Part 11, Class B, paragraph B.1(a)
Courts must rigorously interpret town and country planning legislation; the local authority's reasoning must accurately reflect the relevant provisions and show lawful application.
[2022] EWCA Civ 1579, [2023] EWCA Civ 194, [2017] UKSC 79, [2004] 1 W.L.R. 1953, [2017] PTSR 1081
Outcomes
The appeal was dismissed.
The planning officer's conclusion that the demolition was permitted development was lawful, despite some errors in wording and paraphrasing. His observations of the building's condition demonstrated it was not unsafe or uninhabitable, satisfying the requirements of the test, even if his reasoning wasn't perfectly expressed.
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