A dispute between Robbie Williams and Jimmy Page over mooted development at the pop star’s listed home in Kensington and Chelsea hit the headlines. But how could planning law affect the dispute?

• Listing categories
• Neighbourly input
• Both buildings

Land and properties with special planning designations, including those relating to the preservation of listed buildings, fail to be considered against a more onerous requirement to “preserve and enhance” such buildings and their settings, than is the case when applications affect buildings which are not listed.

English Heritage state that all buildings built before 1700 which survive in anything like their original condition are listed, as are most of those built between 1700 and 1840.

Listing categories

Generally speaking the older the building the higher the grade.

The higher the grade of listing (varying from Grade I* to Grade II) the more important it is to preserve.

According to figures from English Heritage, of those buildings which are listed some 2.5 per cent are Grade I (of exceptional interest and sometimes internationally important), 5.5 per cent are Grade II* (important and of more than special interest) and the remaining 92 per cent are Grade II (nationally important and of special interest).

Any changes proposed to a listed building can result in emotions running high among neighbours who might have thought that the listing status would mean the preservation of such sites in aspic such that no changes would be allowed to them in the future.

Neighbourly input

Whether works proposed to a listed building improve it or detract from it is often a very subjective judgement over which neighbours often fall out.

A topical example of this is the  dispute which has recently flared up between Robbie Williams, who has plans to modernise his Grade II*-listed building in the Royal Borough of Kensington and Chelsea, and his neighbour Jimmy Page of Led Zeppelin, who resides next door in his own Grade I-listed building.

Consultation with neighbours has long been part of the planning process when a development proposal is considered by the council.

Neighbours can point out site-specific issues which may otherwise not be apparent to the local authority considering the application.

There are important legal principles which are applicable to the consideration of applications affecting listed buildings and planning authorities are required to have regard to the desirability of preserving the building or its setting and any features of special architectural or historic interest which it possesses.

Both buildings

In Mr Williams’ situation, the council has to have particular regard to the preservation of Mr Page’s Grade I-listed building.

It is interesting to see that Mr Page has voiced concerns that the works proposed by Mr Williams may lead to vibrations affecting the preservation of his own listed building.

No doubt there will be dispute between the parties as to the likelihood of that (and if any damage was caused there would be an actionable property claim), but the concerns raised by Mr Page will need to be carefully considered, as there is a duty on the council to preserve the Grade I building, too.

The legalities and policy application affecting listed buildings is complicated to say the least and there are plenty of legal traps for the unwary.

Jay Das is head of planning at Wedlake Bell

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