A PLANNING INSPECTOR’s WHIM?

A review of recent planning decisions – Part 2

Jeremy Le M. Scott, Partner, Withers, Solicitors

Woodperry

This was a case under the Town and Country Planning Act 1971. It concerned the refusal of South Oxfordshire District Council to permit the removal of a painting dated 1748 of Westminster Abbey from Woodperry House, Oxfordshire. It appears that a Mr G J Ring OBE was thus obliged to leave the painting in situ notwithstanding that he had contracted to sell the house to Mr Lush, who did not particularly like it. The painting was thought to have some connection with the locality by virtue of the fact that John Islip, Abbot of Westminster in the early sixteenth century, came from the village of Islip, three miles from Woodperry. The house was probably built between 1728 and 1732. The painting on canvas was held by ancient bent nails in a removable frame which was said to form an integral part of the design of the overmantel of a fireplace in a large projecting chimney breast dominating one wall of the hall. In the inspector’s opinion there was every indication that the painting had been in position within this frame for a great many years, and that it was ‘extremely probable’ that it formed the centre-piece of the overmantel when it was first erected. The Secretary of State concluded that the painting was a ‘good and unspoilt example of an eighteenth century decorative scheme ( sic ) with a local connection’, that it was an ‘extremely attractive centrepiece to the overmantel’ and served as a ‘splendid focal point to the hall’, and was ‘entirely appropriate’ to its setting. Permission was refused.