Chartered Surveyor

 

Listed Buildings and conservation areas

A Brief Guide to their Protection and the Alterations which Require Consent

Buildings which are listed or which lie within a Conservation Area are protected by law.  This does not mean that you can never alter or demolish one, but carrying out relevant work without the appropriate consent is a criminal offence. Unfortunately, many building contractors and even some architects who do not specialise in historic building work are unaware of the alterations, which require consent, leaving them and their clients liable to criminal prosecution.

In brief, the following works require consent throughout England, Scotland, Wales and Northern Ireland:

  • All works affecting a Scheduled Monument or the ground surrounding it require Scheduled Monument Consent.
  • The demolition or alteration of a listed building and historic structures within its grounds requires listed building consent.
  • The demolition of an unlisted building in a Conservation Area requires Conservation Area consent.
  • Alterations to the exterior of all buildings many also require planning permission and an application may be needed for some works to houses in conservation areas and other buildings affected by an ‘Article 4 Direction’ which otherwise would not require one.

Historic Buildings

Primary Legislation is provided in England and Wales by the Town & Country Planning Act 1990 and the Planning (Listed Buildings and Conservation Areas) Act 1990,and in Scotland it is provided by the Town & Planning (Scotland) Act 1997 and the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997.

In England the guidance is Planning Policy Guidance 15:  Planning and the Historic Environment (or PPG15 as it is more usually known), which was issued in September 1994 and slightly amended by Environment Circular 14/97.  New legislation relating to Heritage Protection, yet to be made law, proposes to substantially alter the law relating to Listed Buildings, Conservation Areas etc.

Planning Permission

Currently, almost all external alterations and extensions to an existing building require planning permission.  However, certain small extensions and other alterations are granted planning permission automatically where they affect a house which is occupied as a ‘single family dwelling’ – that is to say, it is lived in by one family only, not sub divided to form flats.  Within a Conservation Area these ‘permitted development’ rights are more limited, and exclude for example certain types of cladding, the insertion of dormer windows and satellite dishes, all of which therefore require planning applications.  In Scotland changes in a roof covering are also excluded.

Permitted development rights for a prescribed range of developments may also be withdrawn by the local authority under an Article 4 Direction.  This enables the local authority to control certain types of alteration, which do so much damage to the character of conservation areas, such as the alteration or removal of doors and windows in particular.

No separate application is required where an unlisted building lies within a Conservation Area, but the policies of the local authority should be carefully notes as local authorities are required to pay special attention to ‘the desirability of preserving or enhancing the character or appearance of that area’ when considering an application for planning permission.

Conservation Area Consent

The demolition of a building requires Conservation Area consent if the building is situated within a Conservation Area (Prior to the case of Shimuzu v Westminster City Council in 1997 ‘demolition’ was taken to include the demolition of part of a building, such as a chimneystack or a front Porch.  However, on appeal the House of Lords ruled that there removal of part of a building constituted an alteration, not demolition.  As a result the demolition of a part of a building in a Conservation Area no longer requires Conservation Area consent, not matter how important that part is to the character of the building and of the Conservation Area).

Unauthorised demolition is a criminal offence.

Listed Building Consent

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.

Listed building consent is required for all alterations to listed buildings and their interiors irrespective of their grade or category of listing where such alteration impacts on the character or setting of such building.  It is also required for alterations to any object or structure which lies within the grounds of ‘curtilage’ of a listed building and which was constructed before 1 July 1948. This may be taken to include Garden walls, sundials, dovecotes and other such objects and structures as well as buildings, which are ancillary to the principal building, not separated from it, and were so at the time of listing.  It is important to note that altering a listed building without consent is a criminal offence.

Enforcement

It is a criminal offence to carry out any works of alteration to a listed building in any manner, which would affect its special interest, internally or externally.  So too, is the demolition of all or part of a listed building or of a building in a Conservation Area.  Carrying out such works without permission leaves the owner, developer and building contractor liable to prosecution, fines and even imprisonment.  The local authority can also require the person responsible to restore the building to its state before work commenced or to carry out works to mitigate the effects of the damage under a ‘listed building enforcement notice’.

Where a building which is listed or in a Conservation Area is allowed to fall so far into disrepair that it is at risk, local authorities are able to serve an ‘urgent works notice’.  This enables the local authority to carry out any works, which are ‘urgently necessary’ and then recover the cost from the owner.  However, urgent works notices can only be served where buildings are unoccupied or on those parts of a building which are unoccupied.

Further powers are available under a ‘repairs notice’ where a listed building is not being properly preserved.  If no action is taken as a result, the local authority may then seek the authorisation of the Secretary of State for a compulsory purchase order.  In those rare instances where the threat of acquisition is insufficient to prompt action, the local authority can acquire the building for immediate sale to a building preservation trust.

Conflicts between Building Conservation and the Environment

Building Conservation is concerned specifically with the preservation or adaptation of structures/sites in order to accommodate original or other suitable uses, in a way that retains the maximum amount of historic fabric and character originally employed.

Ubiquitous treatments involving the removal of structural timbers, panelling and plaster followed by a deluge of chemicals, has now given way to a more controlled approach by eliminating moisture ingress, followed by a gradual drying down and a minimum replacement of timbers and important surfaces.  Monitoring systems provide early warning of changed conditions that could lead to further outbreaks.  English Heritage’s research of deathwatch beetle shows that in the past many of the chemicals used wiped out whole eco systems, including various species of spiders, which have been shown to provide a level of effective control of beetle numbers.  However, it should be pointed out that the chemicals now on the market are appropriate in specific and targeted situations.

The above notes should not be regarded as a full picture of the law or Conservation issues that might arise and any interested person is urged to seek formal legal advice via a Solicitor in respect of the matters raised, or to discuss such matters with the local Conservation Officer for the Council before undertaking any works.