- Court clarifies approach to developing non-designated heritage assets (Bohm v SCLG)
- Original news
- What is the significance of the decision for decision-makers and developers?
- What is the factual background to the case?
- What is the legal background to the case?
- What were the grounds of challenge?
- Why did the court dismiss the challenge?
- Inspector took correct approach under P(LBCA)A 1990, s 72 and NPPF, para 135
- No duty to impose conditions
Planning analysis: In Bohm v SCLG, the court dismissed a challenge to an inspector’s decision allowing an appeal against a refusal to grant planning permission for development within a conservation area. The decision provides a useful interpretation of para 135 of the National planning Policy Framework (NPPF), which deals with non-designated heritage assets (NDHAs).
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