WHY ARE BUILDINGS LISTED?
Buildings are 'Listed' because they are considered to be of special
architectural or historic interest and as a result require special protection.
Listing protects the whole building, both inside and out and possibly also
adjacent buildings if they were erected before
The prime purpose is to protect the building and its surroundings from changes which will materially alter the special historic or architectural importance of the building or its setting.
In England the list of buildings is prepared by English Heritage and the Department of Culture, Media and Sport and properties are scheduled into one of three grades: Grade I; Grade II* and Grade II with Grade I being the highest grade. Over 90% of listed properties fall within Grade II.
In Scotland the statutory list of listed buildings is prepared on behalf of Scottish Ministers by Historic Scotland. Listed buildings are categorised so the classifications are: category A; category B and; category C.
All buildings erected prior to 1700 and substantially intact are listed, as are most buildings constructed between 1700 and 1840, although some selection does take place. The selection process is more discriminating for buildings erected since 1840 because so many more properties remain today.
Buildings less than 30 years old are generally only listed if they are of particular architectural or historic value and are potentially under threat.
Your District Council holds a copy of the Statutory List for public inspection and this provides details on each of the listed properties.
Listed Building Consent is required in order to carry out any works
Works such as re-pointing and even repainting can give rise to the need for a Listed Building Consent, even if planning permission is not necessary. Replacement windows and doors are common areas of controversy and strict control.
Identical repairs in matching materials may not require consent, but it is always advisable to check with the Councils' Listed Buildings Officer, (usually in the Planning Department) before undertaking any work.
You may need to submit a Listed Building Application where your proposal does not directly affect the Listed building but is close enough to potentially affect the 'setting' of a listed building. Your proposal may need to be sympathetically altered to suit the circumstances.
Applications for Listed Building Consent are made in a similar fashion to normal planning applications on a form that can be obtained from your local planning department. If you need planning permission for your intended proposal then the two applications can be submitted together. There is no fee for the Listed Building Consent application.
The form will set out the information required which will normally include:-
A site plan to 1/1250 or 1/2500 scale showing the property.
A description of the works and the effect (if any) you think they may have on the Listing or the setting of the building.
A set of scale drawings showing the present and proposed situation, including building elevations, internal floor plans and other details as necessary. For major works you may need to involve an architect with experience of works to Listed Buildings.
The application will be considered in the same way as a normal planning application and the Council will approve, approve with conditions or refuse the application.
There are similar rights to appeal against a refusal or conditions as for other planning applications. [See APPEALS]
For Listed Building Appeals the appeal and all the supporting documents must be submitted within 3 months from the date of receipt of the notice of the Local Planning Authority’s (LPA) decision or within 3 months of the date by which they should have decided the application (or within 6 months in the case of applications made before 5 September 2003).
More details can be obtained by reference to Planning Policy
Guidance Note 15 (PPG.15) - Planning and the Historic Environment, which
provides a practical understanding of the "Planning (
These can be viewed at your planning office or in main libraries, or purchased from the HMSO Bookshop. [see HMSO]
If you are the owner of a Listed Building or come into possession of one, you are tasked with ensuing that the property is maintained in a reasonable state of repair.
There is no statutory duty to effect improvements, but you must not cause the building to fall into any worse state than it was in when you became its' owner. This may necessitate some works, even if they are just to keep the building wind and watertight. However, you may need listed building consent in order to carry these works out.
The council may take legal action against you if they have cause to believe that you are deliberately neglecting the property, or have carried out works without consent. Enforcement action may be instigated.
A photographic record of the property when it came into your possession may be a useful asset, although you may also have inherited incomplete or unimplemented works from your predecessor, which you will become liable for.
If you are selling a Listed Building you may wish to indemnify yourself against future claims: speak to your Solicitor.
Should you receive any formal notice from the Council you should take professional advice immediately, as time limits for remedial actions will have been established. Failure to act could result in the Council taking action through the courts.
Conservation Areas are, "areas of special architectural or historic interest the character and appearance of which it is desirable to preserve or enhance". (Civic Amenities Act 1967)
As the title indicates these designations cover more than just a building or property curtilage and most local authorities have designated Conservation Areas within their boundary.
Although Councils are not required to keep any statutory lists, you can usually identify Conservation Areas from Local Plan 'proposals maps' and appendices. [see Local Plans]. The Council may keep separate records or even produce leaflets for individual areas.
The purpose of designating a Conservation Area is to provide the Council with an additional measure of control over an area that they considered to be of special historic of architectural value.
This does not mean that development proposals cannot take place, or that works to your property will be automatically refused. It means however that the Council will have regard to the effect of your proposals on the designation in addition to their normal assessment.
The Council may also apply this additional tier of assessment to proposals which are outside the designated Conservation Area boundary, but which may potentially affect the character and appearance of the area.
As a result, local planning authorities may ask for more information to accompany your normal planning application concerning proposals within or adjoining a Conservation Area. This may include:-
A site plan to 1/1250 or 1/2500 scale showing the property in relation to the Conservation Area.
A description of the works and the effect (if any) you think they may have on the character and appearance of the Conservation Area.
A set of scale drawings showing the present and proposed situation, including building elevations, internal floor plans and other details as necessary. For major works you may need to involve an architect with experience of works affecting Conservation Areas.
Development within Conservation Areas is dealt with under the normal planning application process, except where the proposal involves demolition.
In this case you will need to apply for Conservation Area Consent on the appropriate form obtainable from the planning department.
Here again the Council will assess the proposal against its' effect upon the special character and appearance of the designated area.
More details can be obtained by reference to Planning Policy Guidance Note 15 (PPG.15) - Planning and the Historic Environment, which provides a practical understanding of the "Planning (Listed Buildings and Conservation Areas) Act 1990".
These can be viewed at your planning office or in main libraries, or purchased from the HMSO Bookshop.
Trees in Conservation Areas are generally treated in the same way as if they were protected by a Tree Preservation Order; ie it is necessary to obtain the Councils approval for works to trees in Conservation Areas before they are carried out.
There are certain exceptions (where a tree is dead or in a dangerous condition) but it is advisable to seek the opinion of your Councils Tree Officer to ensure your proposed works are acceptable. Even if you are certain that you do not need permission, notifying the Council may save the embarrassment of an official visit if a neighbour contacts them to tell them what you are doing.
[see also Tree Preservation Orders]