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Court clarifies approach to developing non-designated heritage assets (Bohm v SCLG)

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Published on: 11 December 2017

Published by a LexisNexis Planning expert

Table of contents

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

Article summary

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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