Dill v Secretary of State for Communities and Local Government & Anor [2017] EWHC 2378 (Admin) (28 September 2017)

Dill v Secretary of State for Communities and Local Government & Anor [2017] EWHC 2378 (Admin) (28 September 2017)

The statutory list of listed buildings is conclusive for enforcement purposes; the Inspector was correct in law to treat the items as listed buildings, and property law concepts are irrelevant where items are listed in their own right. The Inspector did not err in his approach to the merits of listing or enforcement, and the appeals fail.

Citation
[2017] EWHC 2378 (Admin)
Parties
Claimant: Marcus Dill; 1st Defendant: Secretary of State for Communities and Local Government; 2nd Defendant: Stratford-on-Avon District Council
Jurisdiction
England and Wales
Judgment Date
28 September 2017
Procedural Posture
Judicial Review and Statutory Appeal Under the Planning (listed Buildings and Conservation Areas) Act 1990 / High Court Judgment
Outcome
Claim dismissed
Legal Topics
Listed Buildings, Statutory Interpretation, Judicial Review, Enforcement Notices, Heritage Asset Protection
Planning Law Administrative Law Heritage Law Listed Buildings Statutory Interpretation Judicial Review Enforcement Notices Heritage Asset Protection

Case Brief

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Parties

Marcus Dill

Claimant

Secretary of State for Communities and Local Government

1st Defendant

Stratford-on-Avon District Council

2nd Defendant

Procedural Posture

Judicial Review and Statutory Appeal Under the Planning (listed Buildings and Conservation Areas) Act 1990 / High Court Judgment

Legal Issues

  1. 1 Whether an inspector can go behind the fact of statutory listing in enforcement notice appeals
  2. 2 Whether the items in question are 'buildings' within the statutory definition
  3. 3 Whether property law concepts (chattels/fixtures) are relevant to listed building status

Ratio Decidendi

The statutory list of listed buildings is conclusive for enforcement purposes; the Inspector was correct in law to treat the items as listed buildings, and property law concepts are irrelevant where items are listed in their own right. The Inspector did not err in his approach to the merits of listing or enforcement, and the appeals fail.

Court Disposition

Claim dismissed

Orders

  • Application for judicial review refused
  • Appeal under section 65 of the Planning (Listed Buildings and Conservation Areas) Act 1990 dismissed