Injunction granted stopping property owner from demolishing seriously damaged listed building | Practical Law

Injunction granted stopping property owner from demolishing seriously damaged listed building | Practical Law

Derby City Council v Christopher Thomas Anthony [2008] EWHC 895 (QB).

Injunction granted stopping property owner from demolishing seriously damaged listed building

Practical Law UK Legal Update Case Report 7-381-7571 (Approx. 6 pages)

Injunction granted stopping property owner from demolishing seriously damaged listed building

by PLC Property
Published on 15 May 2008England, Wales
Derby City Council v Christopher Thomas Anthony [2008] EWHC 895 (QB).
The High Court has held that a local planning authority was entitled to an injunction under section 44A of the Planning (Listed Buildings and Conservation Areas) Act 1990 to stop a property owner from demolishing his Grade II listed building. The building had been seriously damaged. The property owner had applied for consent to demolish the building from the local planning authority, the determination of which was pending at the time of the court hearing.
The High Court had to decide whether there was an urgent need to demolish the building on the grounds of risk to the public.
This case is a useful reminder to property practitioners of the statutory provisions involved in respect of the demolition of listed buildings.