Court of Appeal confirms new building can be created where parts of the old building have been incorporated (Oates v SCLG)

Table of contents

• What are the practical implications of this case?
• What is the legal and policy background to the case?
• What is the factual background to the case?
• What did the court find?
• Case details

Article summary

Planning analysis: In Oates v SCLG, the Court of Appeal found that a planning inspector had not erred in law in upholding an enforcement notice that required the complete demolition of three new buildings whose construction had incorporated small parts of the buildings previously on the site. It clarified that the question of whether the buildings were new was a question of fact and degree for the judgment of the decision-maker, unless successfully challenged on Wednesbury grounds. In this case, the inspector’s decision that the buildings were new was not tainted by an error of law.