Court of Appeal clarifies proper approach to take when considering whether construction works in a conservation area amount to demolition (Clin v Walter Lilly)

Table of contents

• What are the practical implications of this case?
• What was the background?
• What did the court decide?
• Case details

Article summary

Planning analysis: In this claim, and in the context of a contractual construction dispute, the Court of Appeal considered the approach to be taken in determining whether construction works are to be treated as amounting to demolition for the purposes of section 74 of the Planning (Listed Building and Conservation Areas) Act 1990 (P(LBCA)A 1990) and thereby required conservation area consent. In dismissing the appeal, the Court held that a local planning authority (LPA) is not required to take into account the effect on the character and appearance on the conservation area when determining whether the works amounted to demolition and that its conclusion was reinforced by the decision in Shimizu (UK) Ltd v Westminster City Council. Written by John Litton QC, barrister, Landmark Chambers.