A satellite development

Here’s one that’s a bit unusual but interesting, nonetheless:

An inspector has deleted the requirement to remove two satellite dishes from a listed building from an enforcement notice affecting a south London pub, as they were outside the control of the appellant (DCS Number 400-028-190).

The satellite dishes were attached to a side wall of a building adjacent to the pub. The inspector reasoned that although the dishes overhung the courtyard in front of the pub and so encroached into its curtilage, the building to which they were attached was not owned by the appellant, and as far as the inspector was aware, the satellite dishes were nothing to do with him. While agreeing that they were something of an eyesore, the inspector concluded that they were not the responsibility of the appellant. 

Accordingly, the inspector ruled that the listed building enforcement notice could not require the appellant to remove a structure that was not his from a property that also was not within his control. He remarked that, as the dishes oversailed the appellant’s property there might be civil action he could take, but considered that the outcome would be uncertain and it would not be possible to require it through an enforcement notice. 

External alterations to listed buildings are discussed at section 27.232 of DCP Online.