Acting for SSHCLG in the Court of Appeal on appeal from judgment of Singh J (as was). The High Court decided that on a listed building appeal the Inspector was not required to go behind the list to assess whether the item listed was a building; did not have to address property or planning tests as to the meaning of building; and the Inspector had gone on lawfully to address the merits of the application notwithstanding his concerns as to the legality of the application for listed building consent.