§ Lord Gray of Continasked Her Majesty's Government:
Whether they have any plans to issue guidance on the extent to which painting or repainting of listed buildings requires listed building consent.
The Earl of CaithnessThe Department of the Environment has today issued a new circular (DoE Circular 18/88) drawing attention to a recent High Court judgment relating to the painting or repainting of listed buildings. The court held that painting or repainting is capable of being an alteration for which listed building consent is required. The critical question in each case is whether the character of the building is affected. Only where the character is affected will consent be needed. Whether consent is needed in any particular instance must therefore depend upon the facts of the individual case.