Visit JCPCUKSC/2019/0001
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ENVIRONMENT/PLANNING
Dill (Appellant) v Secretary of State for Housing, Communities and Local Government and another (Respondents)
Case summary
Case ID
UKSC/2019/0001
Parties
Appellant(s)
Marcus Dill
Respondent(s)
Secretary of State for Communities and Local Government;
Issue
On an application for listed building consent, should the Planning Inspector consider whether the items listed were ‘buildings’; and(ii) what is the correct approach to determining whether the items are ‘buildings’?
Facts
In 1973 the appellant’s father purchased Idlicote House, which had been designated a Grade II listed building in 1966. He brought with him from his previous residences a pair of eighteenth-century lead urns resting on limestone piers and put them in the gardens. On 30 June 1986 the urns and piers were individually listed. The appellant came into ownership of Idlicote House in 1993 but was unaware of the listing. He sold the items at public auction in 2009. In 2015 the second respondent (‘the Council’) told the appellant that listed building consent had been required for the removal of the items. The Council refused his application for consent and issued a listed building enforcement notice requiring the return of the items. The appellant appealed against both decisions, contending that there had been no breach of listed building control because the items were not buildings, that the items should be de-listed, or consent given. The Inspector dismissed his appeals.
Date of issue
8 January 2019
Judgment appealed
Judgment details
Judgment date
20 May 2020
Neutral citation
[2020] UKSC 20
Judgment links
Judgment summary
20 May 2020
Appeal
Justices
Hearing dates
Start date
10 March 2020
End date
10 March 2020
Watch hearings
10 March 2020 - Morning session
10 March 2020 - Afternoon session
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Last updated 16 April 2024