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Indy Jess John Indy Jess John is offline
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Default The bells at York

On 20/10/2016 09:05, Norman Wells wrote:

"Indy Jess wrote in message
...


and another that says Local Planning Authorities must not authorise changes to the
character of a listed building unless there is a public benefit rather than a
commercial one.


Quote the law please.


Planning (Listed Buildings and Conservation areas) Act 1990 and numerous
pieces of Case Law from the "Hammercrest" verdict onwards.

There are plenty of other examples that nobody complies with nor has councils
enforcing them.

Regardless of what the law specifically provides for, the level of compliance
cannot be assumed.


Councils can be held to account if they do not apply the law. And they will have to
if someone complains. It's how it is.

The Local Government Act 1972 as amended by the Local Government Act
1982 makes it clear that the decisions of a Local Planning Authority can
only be appealed if the decision is one of refusal. Planning
permissions granted despite the legislation indication that it should be
refused can only be challenged by a High Court case, and even then the
High Court will decide whether or not the challenge will be granted a
hearing.

In short, there is nothing in law that forces a Local Planning Authority
to comply with the extant legislation. Somewhere at home I have my
correspondence with the office of the Communities and Local Government
Minister in which it is confirmed that there is no Government Department
with the authority to force a Local Planning Authority to comply with
the extant legislation nor punish one that doesn't. In a nutshell,
councils cannot be held to account.

Jim