R (Trustees of the Cecil Family Trust) v South Kesteven District Council [2015] EWHC 1978 (Admin)

This judicial review concerned a significant point arising under s66 of the Listed Buildings Act 1990. Proposed development would abut a boundary wall and a stone outbuilding, both of which were listed.  No thought had been given to how the proposal would be constructed: if the developer wanted to interfere with the fabric of the listed structures he would need a party wall agreement and any alterations to the fabric of the listed structures would need listed building consent.  Holgate J decided that, at the time of granting planning permission for the proposal, it was necessary to consider the effect of the proposal on the listed building, given the obligation to have special regard to the desirability of preserving the listed fabric under s66.  S66 was not confined to proposals which involved direct interference with the fabric of a listed building (eg applications for listed building consent to carry out alterations or demolition).  Presumably this decision means that, at the stage of granting planning permission for the neighbouring development, the decision-maker must know about the likely structural effects on the listed building.