Dill v The Secretary of State for Communities And Local Government & Anor [2018] EWCA Civ 2619 (26 November 2018)

Dill v The Secretary of State for Communities And Local Government & Anor [2018] EWCA Civ 2619 (26 November 2018)

The statutory scheme renders inclusion on the list determinative of listed building status; inspectors cannot question the validity of listing in consent or enforcement appeals; property law concepts and Skerritts criteria are irrelevant; any error regarding application particulars was immaterial as the merits were considered and the outcome would have been the same.

Citation
[2018] EWCA Civ 2619
Parties
Appellant: Marcus Dill; First Respondent: The Secretary of State for Communities and Local Government; Second Respondent: Stratford-on-Avon District Council
Jurisdiction
England and Wales
Judgment Date
26 November 2018
Procedural Posture
Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Listed Buildings, Enforcement Notices, Statutory Interpretation, Retrospective Consent
Planning Law Administrative Law Listed Buildings Enforcement Notices Statutory Interpretation Retrospective Consent

Case Brief

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Parties

Marcus Dill

Appellant

The Secretary of State for Communities and Local Government

First Respondent

Stratford-on-Avon District Council

Second Respondent

Procedural Posture

Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether an inspector can question the validity of a listing under the Planning (Listed Buildings and Conservation Areas) Act 1990
  2. 2 Whether property law concepts and Skerritts criteria are relevant to determining 'building' under the Act
  3. 3 Whether the listed building consent application was invalid for lack of particulars

Ratio Decidendi

The statutory scheme renders inclusion on the list determinative of listed building status; inspectors cannot question the validity of listing in consent or enforcement appeals; property law concepts and Skerritts criteria are irrelevant; any error regarding application particulars was immaterial as the merits were considered and the outcome would have been the same.

Court Disposition

Appeal dismissed

Orders

  • No relief granted
  • Listed building enforcement notice stands