R v Secretary of State for the Environment ex p Rose Theatre Trust Co [1990] 1 QB 504

Court of Appeal

Facts: The Rose Theatre Trust sought to have an old theatre listed as a historical monument after its remains were discovered. The Secretary of State declined the application, balancing preservation needs against urban development. The Trust challenged this decision.

Held: The Court held that merely applying for listing and being rejected does not confer sufficient interest for judicial review. Applying principles from R v Inland Revenue Commissioners, ex p NFSSB [1982] AC 617, the Court found that the public did not gain standing merely through a formal application or rejection. The decision to list or not list a monument involves balancing various interests, and the Court found that the Trust did not demonstrate a sufficient interest to challenge the decision via judicial review.

Key Judicial Statement: Judge Schiemann stated, "The fact that some thousands of people join together and assert that they have an interest does not create an interest if the individuals did not have an interest."