§ Mr. Bellotti
To ask the Secretary of State for the Environment whether a painting on an overmantel which rests on a mantelpiece in a listed building forms part of the fittings and fixtures for which his Department has control over their destination.
§ Mr. Yeo
Section 1(5)(a) of the Planning (Listed Buildings and Conservation Areas) Act 1990, in defining the term "listed building", provides that for the purposes of the Act any object or structure fixed to the building shall be treated as part of the building, and therefore are subject to listed building controls.
Whether a particular item is regarded as a fixture or a chattel will depend on the individual facts of each case; the test to be applied to listed buildings is the same as for other property. The courts have held that the issues to be considered are the degree to which an object is physically attached to a building, and the purpose for which it was attached.