Heritage Asset Case Law: Dill vs Secretary of State
Lockdown training in the experienced hands of Landmark Chambers presents an excellent update on case law and this is certainly the case with a recent heritage asset case, known as ‘Dill’ versus Secretary of State which was considered in the Supreme Court and reported in May 2020.
A key relevance of the case lies in the importance of whether a structure may be a “building” under the terms of the Listed Building Act 1990 and whether it is, in fact, capable of being Listed. The case has raised further guidance on what structures may be Listed. To be defined as a “building” it needs to satisfy various tests, although each case must be considered on its own merits. Size, permanence and physical attachment of a structure, all of which give strong indications of whether it may reasonably be defined as a “building” under the Act and therefore may be capable of being Listed.
Not surprisingly there may be cases where structures have ill advisably been listed and such Listings might merit reassessment under this case.