Dill v The Secretary of State for Communities And Local Government & Anor

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

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

Planning Law Administrative Law Listed Buildings Enforcement Notices Statutory Interpretation

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Full judgment text Downloadable case file Legal principles 3 Authorities cited 20 Party arguments 2 Amounts and remedies 1

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 Whether an inspector can go behind the listing to determine if an item is a 'listed building'
2 Relevance of property law concepts and Skerritts criteria in determining 'building' under the Listed Buildings Act
3 Validity of listed building consent application lacking destination information

Ratio Decidendi

Court Disposition

Appeal dismissed