Statues, sculpture and paintings may be part of buildings or land. If
so, property ownership is made more complex. Removing such works might
require a planning or heritage consent. These issues are important for
the art market and of wider public interest in the debate over contested
heritage.
It includes:
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Property law on ownership, conversion of goods and sale
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The working of listed building consent, planning permission, scheduled
monument consent and conservation area;
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The meaning of 'building', 'fixed' and 'curtilage'
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Full analysis of the Supreme Court's decision in Dill v Secretary of
State [2020] UKSC 20
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The recent changes in law and policy on contested heritage
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Changing street names and moving church treasures
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Full coverage of the law and policy in England, Wales and Northern
Ireland
This book will be of interest to art lawyers, planning, property and
private client lawyers dealing with heritage, planning and heritage
consultants, conservation students and art law students.
ABOUT THE AUTHORS
Richard Harwood OBE QC specialises in planning, environmental, public
and art law at 39 Essex Chambers. In particular he acts for art owners,
regulators and third parties on the removal of works of art, listing,
export control and contested heritage. His recent major heritage cases
have included Dill in the Supreme Court and the Stonehenge road
tunnel.
David Sawtell is at 39 Essex Chambers. He was called to the Bar by
Lincoln's Inn in 2005. His practice combines property law, construction
law and commercial work, both domestically and internationally. He
undertook his BA and his MPhil at the University of Cambridge, and
completed the MSc in Construction Law at King's College, London. David
is a Fellow of the Chartered Institute of Arbitrators. He is currently
researching towards his PhD at the University of Cambridge.
Catherine Dobson has a broad practice which combines general public law,
environmental law and public international law. She has developed a
niche expertise in historic environment matters, and has acted for
owners and interest groups on art and antiquities matters, in particular
on issues relating to the removal of art from historic buildings. She
acted (led by Richard Harwood QC) for the successful for the former
owner in Dill v Secretary of State for Communities and Local
Government [2020] UKSC 20, where the Supreme Court clarified the test
for what can constitute a listed building. She has recently advised on
the lawfulness of removal of a high value statue from a listed building.
She has lectured on these topics at the Institute of Art and Law and is
a Fellow of St Edmund's College, Cambridge, where she teaches
constitution law. In 2020 Catherine was named Environmental and Planning
Law Junior of the Year in the Chambers UK Bar Awards.
CONTENTS
Introduction
PART ONE: REGULATORY CONSENTS
Overview
Chapter One - Listed Building Consent
Chapter Two - Planning Permission
Chapter Three - Scheduled Monuments and Conservation Areas
Chapter Four - Grant of Regulatory Consent
Chapter Five - Street Names
Chapter Six - The Church of England
PART TWO: OWNERSHIP
Overview
Chapter Seven -Annexation to the Land
Chapter Eight -Conversion
Chapter Nine -Conveyance
PART THREE: A CASE STUDY
Chapter Ten -The Statue of Edward Colston in Bristol
