R v Shimizu (UK) Ltd

[2014] EWCA Crim 1896

Ratio Decidendi

Carrying out unauthorised works to a listed building is a criminal offence of strict liability under s.9 of the Planning (Listed Buildings and Conservation Areas) Act 1990.

Fakty

A construction company carried out demolition works to a listed building without listed building consent during a development project.

Podsumowanie orzeczenia

The Court of Appeal upheld the conviction. The offence under s.9 is one of strict liability — it is not necessary to prove that the defendant knew the building was listed.

Kluczowe cytaty

"The offence is one of strict liability; knowledge that the building is listed is not required."
— Treacy LJ

Późniejsze zastosowanie

Applied

Applied in subsequent listed building prosecution cases.