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Development to a Grade I or Grade II Listed will, in most cases, require Listed Building Consent. Listed building control protects buildings of special architectural or historical interest. These controls are in addition to any planning regulations which would normally apply.
Listed Building Consent is intended to prevent the unrestricted demolition, alteration or extension of a listed building without the express consent of the local planning authority or the Secretary of State. It is a stringent and thorough planning application that prioritises the protection of the character as well as protecting the structure.
In most cases, a GRADE I or GRADE II Listed Building may not be demolished unless it provides a vital service to a community!
Planning (Listed Building and Conservation Areas) Act 1990
A 'listed building' is a building, object or structure that has been judged to be of national importance in terms of architectural or historic interest and included on a special register, called the List of Buildings of Special Architectural or Historic Interest.
Compiled by the Department for Culture, Media and Sports (DCMS), under the provisions of the Planning (Listed Buildings and Conservation Areas) Act 1990, the list includes a wide variety of structures, from castles and cathedrals to milestones and village pumps.
When a building is listed, it is listed in its entirety, which means that both the exterior and the interior are protected. In addition, any object or structure fixed to the building, and any object or structure within the curtilage of the building, which although not fixed to the building, forms part of the land and has done so since before 1 July 1948, are treated as part of the listed building.
Listed building control is a type of planning control, which protects buildings of special architectural or historical interest. These controls are in addition to any planning regulations which would normally apply. Listed building status can also result in the requirement for planning permission where it wouldn’t ordinarily be required - for example, the erection of means of enclosure.
This special form of control is intended to prevent the unrestricted demolition, alteration or extension of a listed building without the express consent of the local planning authority or the Secretary of State.
The controls apply to any works for the demolition of a listed building, or for its alteration or extension, which is likely to affect its character as a building of special architectural or historical interest.
The control does not depend upon whether the proposed activity constitutes development under Section 55 of the 1990 Act. It extends to any works for the demolition of a listed building or for its alteration or extension in any manner likely to affect its character as a building of special architectural or historical interest.
Section 7 of the Planning (Listed Building and Conservation Areas) Act 1990 (LBCA Act) provides that, subject to the following provisions of the Act, no person shall execute or cause to be executed any works for the demolition of a listed building or for its alteration or extension in any manner which would affect its character as a building of special architectural or historic interest, unless the works are authorised. (Section 9 of the 1990 Act provides that if a person contravenes Section 7 he/she shall be guilty of an offence.)
It is a criminal offence to carry out work which needs listed building consent without obtaining it beforehand.
It is not possible to make an application for “outline” listed building consent. Any application must give sufficient detail; including a plan and other drawings necessary, to allow the impact of the works on the building to be properly assessed. Planning Portal - Application Type Guidance V3.2 Section 16(1) of the LBCA Act 1990 provides that listed building consent may be granted subject to conditions.
Section 17(1) provides that without prejudice to this general power, listed building consent may be granted subject to conditions with respect to:
In addition, Section 17(3) provides that listed building consent for demolition of a listed building may also be granted, subject to a condition that the building shall not be demolished before an agreement outlining how the site will be redeveloped is made, and planning permission has been granted for such a redevelopment, has been granted.
Section 8(3) of the LBCA Act 1990 enables an application for listed building consent to be made after work to a listed building has taken place. However, work is only authorised from the actual date the consent is given, so anyone carrying out the demolition of a listed building, or altering or extending in a way which would affect its character prior to this can still be prosecuted.
Types of building works which would normally require listed building consent include:
It is important to note that the term ‘listed building’ includes:
Planning permission may also be required for works involving the external alteration/extension of the listed building, where works affect the character of the building. In this situation, the full application or householder application and listed building consent should be submitted.
Why are buildings listed?
Buildings are listed to help protect the physical evidence of our past, including buildings, which are valued and protected as a central part of our cultural heritage and our sense of identity. Historic buildings also add to the quality of our lives, being an important aspect of the character and appearance of our towns, villages and countryside.
The Department of Culture Media and Sport (DCMS) uses the following criteria to decide which buildings to include on the list of protected buildings:
In broad terms, buildings that are eligible for listed status are as follows:
Listed buildings are classified into grades as follows:
Although the majority of listings have resulted from survey work conducted by English Heritage (http://www.english-heritage.org.uk or its predecessors) on behalf of the Secretary of State, anyone is allowed to request the listing of a building by contacting DCMS. When considering additions to the list, the Secretary of State for Culture, Media and Sport (http://www.culture.gov.uk/default.htm) receives guidance from English Heritage.
It is often helpful to seek 'pre-application advice' from the local authority to discuss the scheme prior to submitting an application. Drawing and Planning often advocates at pre application meetings for various clients.
If you are looking to carry out works to a listed building, we can help you get the required Listed Building Consent! Talk to one of our experts today by calling 0208 202 3665 or contact us.
If you are the proud owner of a listed building, you may have to think twice when it comes to making any changes to it. Any building that is ‘listed’ is like that simply to ensure that changes are not made to it, to preserve the historical value of the property.
Unfortunately this can be difficult for those wanting to make changes to it, as your hands are tied quite a lot. However you can still make some changes – you just need to look into planning permission for a listed building, so that you can get listed building consent for changes you want to make.
Planning permission for a listed building is usually hard to obtain, but getting listed building consent is not impossible – you simply need to get relevant help wherever you can. As such, you should definitely consider utilising our services as much as possible.
Within your application you will need drawings of what you want to change, something which we can do to an architectural level. This means that, if done professionally, your drawings will be taken far more seriously by those judging the changes you want to make, so you will be far more likely to succeed in it.