Landmark Conservation Area Planning Appeal Case Explained

Conservation areas represent some of the UK’s most valuable historic environments, where planning controls are more stringent to preserve architectural and historical character. When disputes arise over development in these protected areas, planning appeals can set important precedents for future conservation decisions. Today we’ll examine one such landmark case that has significantly influenced how planning authorities and inspectors approach conservation area development.

Understanding Conservation Area Planning Appeals

Before diving into our landmark case, it’s important to understand the framework governing conservation areas. Designated under the Planning (Listed Buildings and Conservation Areas) Act 1972, these areas benefit from special protection aimed at preserving their character or appearance. Local planning authorities (LPAs) have a statutory duty to pay special attention to the desirability of preserving or enhancing the character of these areas when considering planning applications.

When an application is refused, applicants have the right to appeal to the Planning Inspectorate. These appeals are particularly significant in conservation areas where the balance between preservation and development is often delicately poised. If you’re unsure whether your property falls within a conservation area, checking your property’s designation status should be your first step before any planning work.

The Barnwell Manor Wind Farm Case: A Watershed Moment

One of the most influential planning appeal cases in recent years is Barnwell Manor Wind Energy Ltd v East Northamptonshire District Council & Others [2014] EWCA Civ 137. While this case specifically involved the impact of development on the setting of a listed building, the principles established have profound implications for conservation area planning decisions.

The case centred around a proposed wind farm development near Lyveden New Bield, a Grade I listed Elizabethan lodge and moated garden in Northamptonshire. The development site itself was not within a conservation area, but the judgment addressed the crucial legal test for considering harm to heritage assets—a test equally applicable to conservation area cases.

Key Principles Established

The Court of Appeal ruling clarified several fundamental principles that now guide conservation area planning decisions:

• When considering development that would cause harm to a heritage asset (including conservation areas), decision-makers must give “considerable importance and weight” to preserving the asset
• This creates a “strong presumption” against granting planning permission for development that would harm a heritage asset
• The presumption can be outweighed by material considerations, but only if these are powerful enough to do so

The judgment effectively raised the bar for developments affecting heritage assets. Justice Sullivan noted that Parliament’s intention in conservation legislation was to give special regard to heritage protection—not merely to treat it as one factor among many in a planning balance.

Practical Implications for Conservation Area Planning

Following Barnwell Manor, planning inspectors and local authorities have applied much more rigorous scrutiny to applications affecting conservation areas. The case has influenced countless subsequent appeals, creating a framework where even “less than substantial harm” to a conservation area must be given considerable weight in the decision-making process.

For property owners and developers operating within conservation areas, this means:

1. The bar for successful applications has been raised significantly
2. Public benefits must be substantial to outweigh even minor harm to heritage assets
3. Robust heritage statements have become essential components of planning applications

For instance, in a 2016 appeal decision in Kensington and Chelsea (APP/K5600/W/15/3132390), an inspector directly cited Barnwell Manor when dismissing plans for a rear extension that would have caused “less than substantial harm” to a conservation area, despite the relatively minor nature of the works.

The Bath Preservation Trust Case: Conservation Areas in Focus

While Barnwell Manor set broad principles, the case of Bath Preservation Trust v Secretary of State for Communities and Local Government [2017] specifically addressed conservation area issues. This case concerned a housing development within the City of Bath Conservation Area and World Heritage Site.

The High Court quashed the planning inspector’s decision to allow the development, finding that the inspector had failed to give sufficient weight to the statutory duty to pay “special attention” to preserving the character of the conservation area. This case reinforced the Barnwell Manor principles while focusing specifically on conservation area protections.

This judgment reinforced that the statutory duty under Section 72 of the Planning (Listed Buildings and Conservation Areas) Act 1990 creates a strong presumption against granting permission for development that would harm a conservation area’s character or appearance. Inspectors must explicitly demonstrate they have given this duty “considerable importance and weight” in their decisions.

What This Means for Property Owners

If you own property within a protected area, these landmark cases have several practical implications. Before planning any alterations, it’s advisable to verify your conservation area status and then carefully consider the following guidance:

• Even minor external alterations may require planning permission in conservation areas (unlike properties in non-designated areas where permitted development rights apply more liberally)
• Applications will need to demonstrate how the proposed development preserves or enhances the conservation area’s character
• Pre-application discussions with conservation officers are highly recommended
• Professional heritage advice and detailed heritage statements are increasingly essential for successful applications

Navigating the Appeal Process Post-Landmark Judgments

For those facing planning refusals in conservation areas, the appeal process has become more challenging but not impossible. The Planning Inspectorate continues to approve applications where appropriate justification exists, but appellants now need to address the heightened legal tests established by these landmark cases.

Successful appeals typically feature:

1. Comprehensive heritage assessments that acknowledge potential harm but provide contextual analysis
2. Clear articulation of public benefits that might outweigh identified harm
3. Evidence of design evolution responding to conservation concerns
4. Expert witness testimony from conservation specialists

A notable example is the 2019 appeal decision (APP/X5990/W/18/3204757) in Westminster, where despite the heightened tests established by Barnwell Manor, an inspector allowed a modern roof extension within a conservation area. The inspector explicitly acknowledged the legal duty but found the development would preserve the conservation area’s character through its sympathetic design and high-quality materials.

Lessons for Future Conservation Area Planning

These landmark cases have established enduring principles for conservation area planning:

• The statutory duty to preserve conservation areas creates a presumption against harmful development
• This presumption is strong but not insurmountable
• Decision-makers must demonstrably give “considerable importance and weight” to conservation
• The balancing exercise must start from this position of special regard for heritage assets

As the Historic England guidance notes, these judgments have provided much-needed clarity on how the planning system should approach heritage protection while allowing appropriate development.

Conclusion

The landmark cases examined above have fundamentally reshaped how planning decisions in conservation areas are approached. By establishing that considerable importance and weight must be given to heritage conservation, these judgments have strengthened protection while providing clarity for all stakeholders.

For property owners, developers, and local authorities, understanding these precedents is essential for navigating the planning system effectively. While the bar for development in conservation areas has been raised, these cases haven’t stopped appropriate development—they’ve simply ensured that conservation truly receives the special attention Parliament intended.

As planning practice continues to evolve, these landmark judgments will remain foundational to how we balance preservation with progress in our most cherished historic environments. Whether you’re planning minor alterations or major development, acknowledging the legal weight given to conservation area preservation is now an essential starting point for any successful planning strategy.