§ Mr. CormackTo ask the Secretary of State for the Environment when he expects to be in a position to decide whether the statue of "The Three Graces", previously at Woburn abbey, is or was part of a listed building.
§ Sir George YoungIn the light of all the available evidence and further legal advice, my right hon. Friend the Secretary of State has decided that the statue is not part of the listed building. He believes that the question whether the statue is part of a listed building turns on the question whether it was a fixture at the date of listing of the Woburn sculpture gallery in 1961. In deciding that question, he has applied the common law tests—degree of annexation and purpose of annexation. Although absolute certainty is not possible, he considers that the balance of argument is firmly against the statue having been a fixture in 1961.
It follows from my right hon. Friend's decision that the question of listed building enforcement action no longer arises. He has also reconsidered the need for public consultation on the issue of controls over moveable fixtures in listed buildings, as previously envisaged. He is no longer persuaded that separate consultation on this issue is required. He intends, however, to include advice on the matter in forthcoming planning policy guidance. A draft of this guidance (which would replace DoE circular 8/87) will be issued for public consultation later this year.
I have placed in the Library a copy of the letter which has been sent to the solicitors acting for the owners of the statue, setting out in full the basis of my right hon. Friend's decision.