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Selected Cases and Summaries of Completed Investigations - April to September 2000
Volume 3 - 3rd REPORT - SESSION 2000-2001
Chapter 2
DEPARTMENT FOR CULTURE, MEDIA AND SPORT
Case No: C.973/00
Alleged mishandling of the removal of a building from the statutory list of buildings of special architectural or historic interest
Mr C complained that in removing a local building from the statutory list of buildings of special architectural or historic interest the Department had misapplied their de-listing powers and had failed to carry out statutorily required consultation. In particular, he was concerned that the Department had not consulted local amenity societies and residents, and that they had de-listed the building while an application for listed building consent was pending, despite published guidance to the effect that their policy was generally not to de-list in those circumstances. The Ombudsman found that before de-listing the building the Department had consulted English Heritage and, through them, the Twentieth Century Society and the local authority, and that the local authority's objections to the de-listing had been considered. He regarded that as having been sufficient to ensure the fairness of the process as far as the Department were concerned. He found no evidence of any maladministration affecting the process whereby the Department had reached their discretionary decision to de-list the building despite the pending application for listed building consent.
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