When is a Listed Building not a listed building

[Rosehip2025]

Hello
I am new! The council have tried to call my period property curtalige to an adjoining Listed building. I have pointed out that it is not an ancillary and always been its own building. They insisted on bringing a CO to the property who has also miss classified my windows, (Which were all bombed ) as original and says I don't have permission to change them for identical versions of the same. I am on the 5th floor !

I have pointed out that I should be able to change my windows as it is not listed and pointed out the following famous case ....

However, what is the position if the structure which is fixed to the listed building is itself a building? The case of Debenham Plc v Westminster City Council [1986] 3 W.L.R concerned an office building in Kingly Street, London. The Kingly Street building was attached to a Hamley’s store (which fronted Regents Street) by a first floor bridge and basement tunnel as at the date that the Hamley’s store was listed. The bridge and tunnel were subsequently demolished / filled in. In that case, the House of Lords held that the word ‘structure’ in the LBCA s. 1(5) was limited “to such structures as are ancillary to the listed building itself”, and that the Kingley Street building was not ancillary.

 

[a twig]

Sounds fun - do let us know how you get on!

 

[Flyfisher]

Sadly, the resolution of disputes that end up in a court of law is often decided by the depth of the pockets of the protagonists, for which most councils will likely have an inherent advantage. Not to mention allowing the matter to consume your every waking hour while formulating a plan of attack and researching far and wide for evidence to support your case. Life is sometimes unfair but we usually have a choice about which battles to fight and which battles to avoid.

May I ask why the windows need changing?

 

[Rosehip2025]

Hello, the windows are not performing and the living room is cold and damp in the winter and is costly to heat. Other buildings in the Conservation Area which are not listed are able to change like for like but they have stopped me.

The Heritage officer said she saw some old glass. Like 2 panes in 3 windows.