church in a rural setting. The court considered the Duffield questions, and emphasised that their rationale required that the works permitted must be only those which caused the minimum harm… Click to show full abstract
church in a rural setting. The court considered the Duffield questions, and emphasised that their rationale required that the works permitted must be only those which caused the minimum harm to the special significance of the church consonant with producing the benefit in question. If a desired benefit could be achieved in a way which caused less harm to that special significance than the works proposed, the petitioner would not have shown that it was necessary to undertake those works (or to undertake them in the proposed way) to achieve the benefit; such works could not, therefore, be authorised. While the petitioners had made out the case for a glazed rather than a solid timber door, considerable weight should be placed on the advice of the DAC; in the absence of any significant flaw in that advice, it should prevail. The petition was dismissed, the court indicating that a petition for a glazed door with a wooden or timber frame would issue on confirmation of the DAC’s approval of the proposal. [DW]
               
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