Council ordered to pay costs after settling judicial review claim over failure to take enforcement action on church conversion

Claimant Theresa Burton launched the legal challenge after contending that the council permitted an application to convert a former church building in the village of Longcross into flats, which later resulted in more than half of the original stained glass being lost.

She claimed that the council also failed to take enforcement action on other issues relating to the building's listed status, which included some of the structure's Bath stone being plastered over, and non-traditional uPVC windows being installed.

Mr Justice Mould agreed to hear the claim on four grounds in April, including one which alleged breaches of the Planning (Listed Buildings and Conservation Areas) Act 1990.

The claim also contended that the council failed to properly conduct a consultation.

The two parties have since agreed to settle the claim.

In a court order issued on 13 June 2025 and seen by Local Government Lawyer this week, Mr Justice Kerr ordered by consent that the council shall reconsider the enforcement matter in respect of the Grade II listed former church pursuant to the Planning (Listed Buildings and Conservation Areas) Act 1990 and the Town and Country Planning Act 1990 in respect of unlawful development/breaches of listed building control.

He also ordered that the council shall pay the claimant's costs of the claim, summarily assessed in the sum of £17,500, within 14 days.

Adam Carey