A substantial contribution to case law has been made in the context of a Supreme Court judgment relating to a pair of Grade II (GII) listed lead urns on pedestals at Idlicote House, Shipston-on-Stour, also listed GII, that had been sold and exported in 2009, and the IHBC’s legal panel, led by IHBC Vice Chair Lone le Vay, is reviewing the implications in advance of a more detailed conclusions.
Lone le Vay writes: ‘While the Institute is seeking detailed advice from the legal Panel as to the detailed implications, the main implications appear to be:
- That it was incorrect to say that appellants could not in effect seek a review of an object or structure’s status as a listed building, including whether it is a “building” for the purposes of the Listed Buildings Act, through the Appeal process.
 “… an appeal the Secretary of State may deal with the application as if it had been made to him in the first instance, and may exercise his power under section 1 to amend any list compiled under section 1 by removing from it the building to which the appeal relates. Section 20 appeals may be determined by a person appointed by the Secretary of State (in other words a planning inspector) who has the same powers as the Secretary of State.”
- The Skerritts criteria for identifying a “building” of size, permanence and degree of physical attachment are also relevant in the listed building context
- This would appear to bring into question how many items currently included on the Statutory List including objects and structures such as statues, commemorative monuments, ornaments, garden furniture and street furniture (for example statutes/war memorials/gravestones/ street lights/bollards/ pedestrian crossing) would fare under the Skerritts criteria.
- Historic England and Department for Digital, Culture, Media and Sport will need to consider reviewing their guidance on principles of selection in light of this judgement.’
Download the judgement
See more NewsBlog background
See also the case webinar on YouTube