Case details

Dill (Appellant) v Secretary of State for Housing, Communities and Local Government and another (Respondents)

Case ID: UKSC 2019/0001

Case summary

Issue(s)

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.

Judgment appealed

[2018] EWCA Civ 2619

Parties

Appellant(s)

Marcus Dill

Respondent(s)

Secretary of State for Communities and Local Government;

Appeal

Justices

Lord Wilson, Lord Carnwath, Lady Arden, Lord Kitchin, Lord Sales

Hearing start date

10 Mar 2020

Hearing finish date

10 Mar 2020

Watch hearing
10 Mar 2020 Morning session Afternoon session