The IHBC’s latest Toolbox Guidance Note, drafted in consultation with the Institute’s Legal Panel, reviews the recent Supreme Court conclusions in Dill v Secretary of State… , answering ‘When is a listed building not a listed building?’ with:‘…when it has insufficient size, permanence or physical attachment to be a building to begin with’.
IHBC Legal Panel convenor and guidance note author – and IHBC Vice Chair – Lone Le Vay said: ‘The case considered the interpretation of ‘building’ for the purposes of the Planning (Listed Buildings and Conservation Areas) Act 1990, particularly in relation to objects and structures such as statues, garden ornaments and street furniture.
Although the Supreme Court didn’t determine whether the garden urns in the case were ‘buildings’ or not, they did confirm that the criteria in Skerritts of Nottingham Ltd v Secretary of State for the Environment, Transport and Regions (No 2)  JPL 1025 for identifying a ‘building’ of size, permanence and degree of physical attachment are also relevant in the listed building context.’
‘The Supreme Court also held that it was possible to challenge all aspects of a planning decision at appeal, including whether the object or structure was a building for the purpose of being included on the statutory list of buildings of special architectural or historic interest.’
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