A High Court ruling has found a council acted unlawfully in granting listed building consent to 'one of Nottinghamshire's most precious buildings'. Broxtowe Borough Council's decision to grant listed building consent to developers of the Grade II* listed Willoughby Almshouses, in Cossall, was challenged by conservationists of the Society for the Protection of Ancient Buildings (SPAB).
They argued they should have been consulted about the plans and, after the SPAB mounted legal action, the listed building consent has been quashed by the High Court. Matthew Slocombe, director of the SPAB, said: “We’re pleased that the High Court has quashed this listed building consent and upheld our right to be notified.
"As statutory consultees, we provide free, independent advice on the best ways to adapt and reuse old buildings for everyone’s benefit. We look forward to providing that advice in the case of the Willoughby Almshouses and to seeing these remarkable buildings brought back into use.”
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Under planning rules listed building consent is required for all works of demolition, alteration or extension to a listed building that affect its character as a building of special architectural or historic interest.
According to Historic England, the requirement applies to all types of works and to all parts of those buildings covered by the listing protection (including objects or structures fixed to the listed building, and to objects or structures within the curtilage, such as outbuildings), provided the works affect the character of the building as a building of special interest.
The Almshouses were built in 1685 thanks to notable local resident George Willoughby, of Wollaton Hall, who stipulated they should house four men and four women of the ‘deserving poor’, but have become disused and increasingly dilapidated.
Both planning permission and listed building consent had been granted by Broxtowe Borough Council under plans to create homes at the rear of the Willoughby Almshouses.
The SPAB said they welcome the decision and "hopes this will act as an important reminder to other councils of their statutory duty to notify the National Amenity Societies where applications involve the total or partial demolition of listed buildings, and to consider their advice". The SPAB said they have written to the local authority and the applicant to offer discussion about constructive ways forwards for the "unique" Almshouses.
A spokesperson for Broxtowe Council said: "Following on from the legal proceedings the listed building consent decision has been quashed and any future applications will be dealt with accordingly."
Speaking previously, Julian Owen, the architect on the project, said: "The whole point of the project is to restore the front of the building. The legal objection is a technical one, it is not about what is being done to the building - I think the only reason they would do that is to show this is what they think should happen.
"We have the unanimous backing of the planning committee and considerable support from local residents, including people who live next door to it. It is a fantastic building - it is definitely one of the most precious buildings in Nottinghamshire, easily.
"This building needs to be saved and at the moment that has been put on hold again, while the legal process is followed. Developers are quite often painted as the villains, but this is just not about making a buck."
