Cases - Delta Design & Engineering Ltd v Secretary of State for the Environment, Transport and the Regions
Record details
- Name
- Delta Design & Engineering Ltd v Secretary of State for the Environment, Transport and the Regions
- Date
- [2000]
- Citation
- 4 PLR 1
- Legislation
- Keywords
- Planning control
- Summary
-
Planning permission was granted for the change of use of Newton Hall, a listed building, to use for research and development. The permission was subject to a condition that part of a barn in the grounds be demolished in order to improve the approach to, and setting of, the Hall. The appellant challenged the condition on the ground that it was unrelated to the change of use of Newton Hall.
The Court of Appeal quashed the condition. The planning inspector's approach that the condition would improve the setting and appearance of the Hall was contrary to the approach in Newbury. Lord Justice Pill said:
'In my judgment there is great force in the appellant's submission that a change of use that involves no change in the appearance of the building, which it was the object of the listing to preserve, cannot be made conditional upon the demolition of an ancillary building in the grounds.'