The High Court challenge relating to the refusal for replacement of original Crittall windows with double glazed timber units at a property in Hampshire is available online.
Listed building consent was refused in September 2013 (and appeal refused in June 2014. The High Court decision was made in November 2014, documented in December 2014 (case number CO/3640/2014)
The case referred to four grounds, all of which were dismissed:
- decision making process was irrational or perverse.. introduction would not cause harm to, and would therefore preserve the building or its setting or any features of special architectural or historic interest which it possesses’ (para 22, ground 1, page 9)
- ‘procedural unfairness or lack of due process as the inspector stated that measured drawings were needed when the Council had agreed that they were not and as the inspector relied upon the fact that the photomontages were not scaled’ (para 29, ground 2, page 10)
- ‘Failure to take material considerations into account ‘ (para 35, ground 3, page 11)
- ‘decision was irrational or perverse in the Wednesbury sense’ (para 43, ground 4, page 12)
