Richard Harwood, QC, On Contested Heritage: Removing Art From Land and Historic Buildings with Co-Host Emily Gould

For those interested in obtaining a copy of Contested Heritage Removing Art From Land and Historic Buildings by Richard Harwood QC, Catherine Dobson and David Sawtell, please visit the publisher’s website and use code P8W4VZ for a 10% discount.

Show Notes:
00:00 overview of Contested Heritage – Removing Art From Land and Historic Buildings

2:10 Lucien Freud mural of flower; removed from a house that was a listed building

3:14 Rustat Memorial plaque at Jesus College chapel

5:00 What is meant by contested heritage

5:50 co-authors Catherine Dobson and David Sawtell

6:00 dispute over public memorialization of certain person/events 

8:20 whether work is part of building/who owns/to what extent it’s subject to listed building control

9:05 Dill case

10:15 pair of 18th C. lead urns by Flemish sculptor John van Nost in Wrest Park

12:00 2015 - planning authority learn urns not at Idlicote House; issue enforcement notice for their return

17:20 regulatory issues/export licensing 

17:50 property ownership

19:00 Old Flo case

19:30 London Borough of Tower Hamlets v. London Borough of Bromley

19:40 Henry Moore statue Draped Seated Woman

21:20 purpose of annexation 

27:00 listed building control

28:00 main considerations for authorities faced with application for removal of contested statue or other memorial or work of art

29:00 for listed buildings, strong presumption to protect special architectural/historic interest 

30:00 Public Sector Equality Duty

31:00 Jen Reid statute appeal

32:35 Rustat Memorial case 

37:40 Colston case 

38:40 Colston – late 17th C. deputy governor of Royal African Company ran slave trade/benefactor of Bristol

40:45 ‘Colston 4’ trial – individuals charged with criminal damage/acquitted

41:00 acquittal now on appeal by Attorney General’s reference on lawfulness of some lines of defence run, including question of right to freedom of expression and extent that can justify attacking property

41:45 ‘retain and explain’ policy

43:10 changes to planning and listed building procedures 

44:35 Cecil Rhodes statues and other memorials in Oxford

46:35 Rhodes commemorative plaque in Oxford recently listed by Secretary of State 

46:45 increased public awareness about these issues 

47:15 Arts education charity, Art UK recent catalogue of 13,500 British public sculpture - only 2% commemorate people of colour

48:35 public art 

49:45 Old Flo example of post-war public authority support for public art

50:00 developers recently encouraged to include public art, e.g., Desert Quartet Sculptures by Dame Elisabeth Frink placed in back of Worthing shopping center and now a listed building

51:50 Ulster Defence Regiment memorial in Lisburn, N. Ireland includes a female 

53:00 National Windrush Monument in Waterloo Station commemorates arrival of Caribbean migrants after WWII

54:20 political issues about colonialism and empire involved with cultural heritage dispute

Please share your comments and/or questions at stephanie@warfareofartandlaw.com

Music by Toulme.

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Thanks so much for listening!

© Stephanie Drawdy [2025]