Lord Monson askedHer Majesty's Government:
Further to the Written Answer by the Lord McIntosh of Haringey on 5 February (WA 116), how they reconcile the principle of respect for private and family life and the home, guaranteed by Article 8 of the European Convention on Human Rights, with the current power of government to determine the interior layout of private dwelling houses which have not received state subsidies or tax concessions. [HL1365]
§ The Parliamentary Under-Secretary of State, Department for Culture, Media and Sport (Lord McIntosh of Haringey)Buildings are listed because they are of special architectural or historic interest. Listed building legislation provides that listed building consent must be obtained before carrying out work to a listed building which will affect its character as a building of architectural or historic interest. This will entitle local authorities to "determine the interior layout of a private dwelling house" only where the layout of the interior is part of the character of a listed building.
This legislation is compatible with Article 8 of the European Convention on Human Rights. Article 8 gives people the right to respect for their private and family life, their home and their correspondence. The Government consider that the restrictions on carrying out works to listed buildings do not interfere with this right to any significant degree and so do not engage Article 8.
If, however, Article 8 is engaged by the listing system, it is justified on the grounds that the system protects our historic buildings, and protects the rights of the general public and of future generations to enjoy the nation's heritage. The system which requires listed building consent before alterations affecting the character of a listed building is proportionate to achieve these aims.