Council will not defend legal challenge after “accepting grant of listed building consent for almshouses scheme was invalid”

Broxtowe Borough Council has agreed following a legal challenge that its grant of listed building consent for a redevelopment scheme for Grade II* almshouses was invalid.

The Society for the Protection of Ancient Buildings (SPAB) said that its challenge over the proposed scheme for the Willoughby Almshouses in Cossall was based on Broxtowe’s “failure to notify the society of an application for listed building consent that would ‘irrevocably harm’ the unique buildings, despite the council having a legal duty to do so”.

It added: “The council’s acknowledgement is promising, but we don't yet know that these Grade II* listed buildings are safe from harm. We now await final confirmation from the courts that this unlawful listed building consent has been withdrawn.”

The Society claimed the developers’ proposed scheme for the almshouses, which were built in 1685 as smaller homes for individuals, would reduce the seven homes to four large houses through internal demolition work and rear extensions “that would leave them almost unrecognisable”.  

It added that it would “welcome the opportunity to work with the applicant and Broxtowe Council to find a sensitive scheme to repair these unique almshouses and bring them back into use for the community”.

The Society said it hoped that the case would serve as “an important reminder to all local authorities that they must notify the SPAB and other National Amenity Societies of any planning application that involves total or partial demolition of a listed building – in accordance with the 1990 Planning (Listed Buildings and Conservation Areas) Act”.

A spokesperson for Broxtowe confirmed that the local authority would not be defending the claim, but said it was unable to comment any further whilst legal proceedings were ongoing.

Harry Rodd