High Court Judge rules Barnet Council acted 'unlawfully' trying to protect monastery in Golders Green (From Times Series)

High Court Judge rules Barnet Council acted 'unlawfully' trying to protect monastery in Golders Green

5:37pm Wednesday 25th November 2009

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DEVELOPERS are clear to demolish a former monastery after a High Court Judge ruled Barnet Council had acted “unlawfully” during efforts to protect it.

Planning bosses had been challenged over their part in designating the Carmelite monastery, in Bridge Lane, Golders Green, as an area protected by preservation rules.

The council had tried to stop developers Metro Construction Ltd from knocking down the century old building claiming the land was a Conservation Area under which permission for demolition would have to be obtained from the authority.

Despite neither the Government's department for culture, media and sport nor English Heritage considering the site important enough to give it “listed” status, the council pressed ahead with listing it locally claiming it had “undoubted architectural merit” and is an “ important part of the Borough's heritage”.

Contrary to that, English Heritage decided that the architecture of the monastery was not as "ambitious" or "refined" enough to merit listed status.

In the review document of the case, Mr Justice Collins said: “ It is clear that the future of unlisted buildings may be a relevant consideration if they do provide a material contribution to an area which is worthy of designation and which would be harmed if they were to be demolished.

“But it is apparent that the desire to protect unlisted buildings and I think a fortiori a single unlisted building cannot justify a designation unless there is an area to which that building or those buildings make a real contribution.

“Thus if the motive for designation is to protect an unlisted building, that will suggest that the statutory powers are being used for a wrong purpose.”

He said that if the designation were to remain in place it would affect further development proposals by Metro Construction Ltd, who paid a substantial sum for the monastery and its two-and-a-half-acre grounds in September 2007.

Justice Collins said: “ If it was unlawfully put in place the claimant is entitled to have it removed.

“It would be improper and unlawful to use the designation power to protect a building which the law has excluded from protection against demolition.

“That is why English Heritage's guidance states that designation should never be undertaken to protect a building which is not listed.

“It follows that the designation must be quashed.”

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