A Point of Planning Law in a Construction Dispute: Clin v Walter Lilly in the Court of Appeal
What constitutes ‘Demolition’ under S74 of the Planning (Listed Buildings and Conservation Areas) Act 1990? In this episode, Charlie Banner QC and John Steel discuss the Court of Appeal decision in Clin v Walter Lilly & Co. Ltd  EWCA Civ 136 which addressed that very question. The podcast seeks to contextualise the decision of the Court in the history of the litigation, the relevant planning statutes and the applicable case law, namely the House of Lords decision in Shimizu  1 WLR 168. The discussion features an analysis of the Court of Appeal’s decision and the submissions of the Parties before the Court. Please note that this podcast does not constitute legal advice and should not be relied on as such.