PLANNING, DEVELOPMENT, FIXTURES AND HISTORIC BUILDINGS

The Noseley Hall appeal

Whether an object attached to or contained in a listed historic property is subject to the same planning requirements as the building itself depends primarily on whether the object qualifies at common law as a fixture. While the principle itself is established its application to specific facts can require detailed historical and aesthetic inquiry. The two limbs of the common law test (degree of annexation and purpose of annexation) are interconnected so that more compelling evidence on the question of purpose can redress comparatively slight evidence on the question of degree.