Listed Building Status

Having 'Listed Building' status is clearly an interesting feature of many homes, bringing with it the kudos and extra value achieved by recognition of a building's importance while proving troublesome for DIY and maintenance, which require extra care and sometimes external oversight. It is a seperate status from that of a conservation area and the two aren't necessarily linked. This article seeks to demystify this status.

Overview

The UK has a well-established statutory system for the formal 'listing' of buildings of architectural or historic interest. The statutory bodies maintaining the list are Historic England in England; Cadw (The Historic Environment Service of the Welsh Government) in Wales; Historic Scotland in Scotland; and the Northern Ireland Environment Agency (NIEA) in Northern Ireland.This run on a national basis by English Heritage and the Department of Culture Media and Sport (DCMS). A 'Listed Building' is one which is objectively assessed by English Heritage as being of architectural or historic interest and which are then included by the DCMS on the 'Statutory List' under the Planning (Listed Buildings and Conservation Areas) Act 1990. A building on this list has a 'Statutory Listing'. Buildings which are not included in the Statutory list are, by definition, not of listable quality.

However, many local planning authorities(LPAs) create 'Local Lists' of buildings which the authority considers are of local architectural or historic interest, or which they regard as ‘landmark’ buildings. These are often referred to as 'Locally Listed'. Such a list has no statutory effect and does not affect the legal status of that building in any way. Inclusion of a building in a ‘Local List’ does not afford it any formal legal protection. At most, the fact that a building is included in a ‘local list’ of ‘landmark’ buildings, or however they are described, may be a material consideration in the determination by the LPA of any planning application relating to development affecting that building.

Where unlisted buildings which, in themselves are not of listable quality, but form a group which the LPA considers is worthy of protection, they have the power to designate a conservation area under the same Act. In many cases, conservation areas include both listed and unlisted buildings. The protection given to unlisted buildings in a conservation area is less than that afforded to buildings on the statutory list, but their demolition is at least prevented without prior consent.

Categories of listed building

There are three types of listed status for buildings in England and Wales. (You will note that there are two 'Grade IIs in the list):

• Grade I: buildings of exceptional interest.
• Grade II*: particularly important buildings of more than special interest.
• Grade II: buildings that are of special interest, warranting every effort to preserve them

Most lived in homes that have statutory listing will tend to be Grade II. Even with a listing they may or may not be in a conservation area.

Impact On Development

There is a general principle that listed buildings are put to 'appropriate and viable use' and recognition that this may involve the re-use and modification of the building.[10] However, listed buildings cannot be modified without first obtaining Listed Building Consent through the relevant local planning authority.

In Wales, applications are made using a form obtained from the relevant local authority.[38] There is no provision for consent to be granted in outline. When a local authority is disposed to grant listed building consent, it must first notify the National Assembly (i.e. Cadw) of the application. If the planning authority decides to refuse consent, it may do so without any reference to Cadw.

In Scotland, applications are made on a form obtained from Historic Scotland. After consulting the local planning authority, the owner, where possible, and an independent third party, Historic Scotland makes a recommendation on behalf of the Scottish Ministers.[39]

Carrying out unauthorised works to a 'Statutory Listed Building' is a criminal offence and owners can be prosecuted. A planning authority can also insist that all work undertaken without consent be reversed at the owner’s expense. However, the full range of Permitted Development rights will continue to apply to a ‘Locally Listed’ building, unless it is in a conservation area – in which case the same slightly reduced PD rights as apply to other unlisted buildings in a conservation area will continue to apply to the ‘locally listed’ buildings within that area. If the LPA wishes to restrict or remove PD rights, they can do so only by making an Article 4 Direction applying to a specific building or buildings or to a specified area within the district.

Thus the existing protection of the statutory system of listed buildings and conservation areas is more than adequate to ensure the protection and preservation of buildings worthy of such protection, and the extra-statutory designation by LPAs of ‘locally listed’ buildings is entirely unnecessary, and should be discouraged.

Bearing in mind the lack of formal protection given to ‘locally listed’ buildings, a determined developer can afford to take a robust approach in these cases, and may well be able to so arrange matters as to entirely circumvent the purported protection which the LPA has sought to give to ‘locally listed’ buildings. If it is not in a conservation area, demolishing the building in question before putting forward a planning application for the redevelopment of the site may well be an attractive proposition. In fact, the ‘local listing’ of such a building might well encourage such an approach, in order to avoid the sort of arguments that might arise over its demolition and replacement if the building were to be left in place while the redevelopment proposals are under consideration.

Other Interesting Web Sites

Martin Goodall's Planning Law Blog http://planninglawblog.blogspot.co.uk/2012/08/locally-listed-buildings.html

Wikipedia - 'Listed Buildings' https://en.wikipedia.org/wiki/Listed_building

Books We Liked

A Practical Guide to Permitted Change of Use - Martin H Goodall

References

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