The Georgian Group, a conservation charity dedicated to protecting Georgian buildings, has been given permission by the High Court to proceed with a Judicial Review of Guildford Borough Council’s decision to approve redevelopment proposals at Clandon Park in Surrey, it was announced today, 12 February.
The legal challenge relates to planning and listed building consents granted on 11 November 2025 for proposals put forward by the National Trust following the devastating fire at the Grade I listed 18th-century house in 2015.
The Georgian Group argues that the Council’s decision-making was unlawful and that approval of the Clandon applications sets a dangerous precedent in terms of how the significance of historic buildings is assessed after damage or loss.
Clandon Park is one of the most important early Georgian houses in England and one of the few surviving buildings by the Italian architect Giacomo Leoni. Before the fire, its interiors were regarded as among the finest of their date.
Anya Lucas, Director of The Georgian Group, said: “This is a major step forward. Not all Judicial Review Claims are given permission to proceed. This week’s decision shows the High Court considers that the claim is arguable and that there is sufficient merit for it to proceed to a full hearing. We continue to believe that if the Clandon consents – predicated on the notion of a ‘post-fire significance’ – are not quashed this will set a dangerous precedent with far-reaching negative consequences for designated heritage assets. The Judicial Review, which we now have permission to pursue, concerns an extremely important general principle – as well as an important listed building”.
In the Order of Lang J, issued on 10 February, the High Court also designated the legal challenge as a Significant Planning Court Claim which means that it will be expedited and decided by a specialist judge.
The High Court has granted The Georgian Group permission to apply for Judicial Review on 8 grounds including:
- The adoption of a “post-fire” baseline for assessing significance: Guildford Borough Council erred in law in determining that the significance of the assets and the impacts of the scheme must be assessed against the “current state” of Clandon and/ or adopted an unlawful approach to the assessment of Clandon’s significance.
- Flawed and inconsistent approach to heritage benefits and impacts: The Council’s approach to assessing the benefits and impacts of the works to the exterior of Clandon (restoration of the windows and doors) compared to the proposals for the interior and the new roof structure was inconsistent and irrational. Furthermore, the Council erred in its approach to assessing the public benefits of the scheme to be weighed against the heritage harm.
- Failure to consider alternative schemes: The Council failed to discharge its duty to consider alternatives to the proposed scheme, which clearly arose in the circumstances of this case.
- Failure to consider cumulative harm: The Council failed to consider the cumulative harm caused by these proposals and/ or failed to provide adequate reasons to demonstrate that the cumulative impacts of the proposed scheme were properly considered.
At the High Court hearing the Georgian Group, the Council and the National Trust (as an Interested Party to the proceedings) will present their arguments. Following that hearing the High Court will decide whether the Judicial Review is allowed or dismissed and whether the consents should therefore be quashed. The hearing date has not yet been scheduled but could be as early as May.
The High Court has also granted the Georgian Group, which is a registered charity, a cost cap to limit financial liability in the event of the Judicial Review being dismissed.