This FAQ is intended as a guide to work on a listed building and consents required. Any doubt as to whether the specific development requires listed building consent will need to be confirmed by the Heritage Officer of the Local Authority that the building belongs to.
Listing buildings of special architectural or historical interest began in the 1940s, with the Town and Country Planning Acts of 1944 and 1947. The list is currently compiled under the terms of section 1 of the Planning (Listed Buildings and Conservation Areas) Act 1990.
Buildings that are of special architectural or historic interest can be listed, which gives them legal protection. Carrying out of any unauthorised work that would affect the historic interest or character of the listed building is a criminal offence.
Buildings can be listed at Grade II, II* or I.
Grade I buildings are of exceptional interest - only around 2.5% of listed buildings are Grade I.
Grade II* buildings are particularly important buildings of more than special interest – around 5.8% of listed buildings are Grade II*.
Grade II buildings are of special interest – around 91.7% of all listed buildings are in this class and it is the most likely grade of listing for a home owner.
The very wide definition of ‘building’ in The Town and Country Planning Act (1990) – ‘Any structure or erection, and any part of a building, as so defined’ – allows any man-made structure, from banks, barns, bridges and telephone boxes to grave stones, to be listed buildings.
Listed Building Consent addresses the need to maintain and preserve the building’s historic character and focuses on what impact the proposed work will have on the building. Planning Permission looks at the appropriateness of development in a broader context and what impact the proposals will have on the wider community or environment. Depending on the proposed works, you may require Listed Building Consent only or the proposal may require both.
The legal protection of a listed building extends to the interior (including floors) and exterior of the structure/property as well as any object or structure fixed to the listed building (including modern extensions). Alterations, demolition, or changes to structure and built fabric will require Listed Building Consent and in some instances, Planning Permission.
Broadly speaking, anything fixed to the building, such as staircases, chimneypieces, wall panelling, built-in cupboards internally, or attached walls and ancillary connected buildings externally, will be covered by listing; free-standing things internally, will not (pictures on hooks, tables and chairs which are not built in, etc).
Curtilage listed ‘buildings’ are given the same legal protection as the principal listed building. A curtilage listed ‘building’ can be defined as one that has existed within the curtilage of the principal listed building prior to the 1st of July 1948, was in the same ownership as the principal listed building at the time that building was listed, was ancillary to the principal listed building at the time that building was listed. A curtilage listed ‘building’ can be a boundary wall, railings, outbuildings and other structures or objects (such as a statue).
Listed buildings do not enjoy the same permitted development rights as unlisted buildings. Any building (including a garden shed) erected within the curtilage of a listed building would need planning permission⎯although listed building consent would not be required unless it is attached to the listed building (principal building or curtilage listed building). The planning permission will consider the proposal in relation to the listed building and assess if it affects the setting of the listed building.
Class A of Part 1 of Schedule 2 of the Town and Country Planning (General Permitted Development Rights) (England) Order 1992 permits the erection of certain sized extensions subject to certain limitations and conditions relating to size and materials used. This Class A does not expressly prohibit the erection of an extension to a listed building; it is advisable, where possible, to confirm the specific circumstances of the proposal with the local authority prior to making applications. However, as any extension or addition of rooflights or an open porch would affect the listed buildings character as a building of special architectural or historic interest, then listed building consent is still required.
If the proposed development is to the interior of the listed building⎯for example, relocating a partition⎯ planning permission is not required. However, if the works would again affect the listed buildings character a as building of special architectural or historic interest, listed building consent is required, even if the exampled partition is modern.
Certain tasks that require regular maintenance, such as cleaning of gutters, would definitely not require consent. Tasks like the redecoration of walls in a matching paint type and colour would not normally require LBC. So, the usual maintenance and repairs that are carried out on a like-for-like basis in design, material and finish would not require listed building consent, provided that the works do not affect the building's special interest. For example, if the building is currently limewashed, and it is intended that a modern paint be used instead, but of the same colour, LBC will be required.
With regard to replacing modern fittings such as kitchen and bathroom suites, redecorating or other minor internal alterations would not require listed building consent, provided that these do not affect the listed buildings character a as building of special architectural or historic interest.
Any proposed development that would affect the historic interest and character of a listed building requires LBC. An obvious example is a proposed extension to a listed building. A least obvious answer would be the removal of a garden wall (either boundary or enclosing a kitchen garden for instance) or a brick path that could be considered ‘curtilage listed’ (see above).
This is the category that most repair or refurbishment work will fall into. There are ‘grey areas’ to what works can be perceived as an essential repair to a building in a ‘like-for-like’ manner and what point the work becomes a close replica⎯this will be a question of fact and degree. For example, the extensive repair of a timber casement window which is proposed to have a splice to the front of the cill, to the lower part of the casement stiles and a replacement bottom rail to the casement may not require consent providing the timber species and detailing (ovolo etc.) are faithfully reproduced. However, where a casement window is to be replicated, albeit faithfully reproduced, it would normally require LBC.
There is no definitive yes or no to this question, and depending on the very specific circumstances the answer can be yes and the answer can be no. If for example, the question relates to the conversion of a redundant farm building or the addition of a ‘garden room’ with lots of glazing, the answer will likely be yes. If an extension, conversion, or additional window is proposed with traditional style casement windows and narrow glazing bars, there may be an option to allow for ‘Slimlite’ double-glazing.
If it is to remove single glazing from an existing sash or casement window and replace with ‘Slimlite’ double-glazing the answer is likely to be no. Quite often the glazing rebates are not big enough to allow fitting of a double-glazed unit, and with weight type sliding sashes, the additional weight of the glass can cause issues. In this instance you are likely to be encouraged to fit secondary glazing.
Even the replacement of early glass pane (which usually has more ‘life’ or ‘movement’ in the glass) would require listed building consent to replace with a more modern glass. Post 1945 clear glass would not normally require permission to change to a modern glass pane providing it will still be single-glazed.
It is possible to install secondary glazing without LBC, providing it meets certain criteria. It would need to be as discreet as possible, with slender frames and either without any sub-divisions…or with sub-divisions that align with the main divisions of the window, for example at the central mullions. It will also need to be fitted so that historic features are not truncated, removed, or made inoperable in order to fit the secondary glazing unit. It will need to be easily reversible (removed) without leaving excessive fixing holes that may be difficult to fill in stone or brick for example.
It is possible to make this type of application to carry out works providing you can prove it does not affect the listed buildings character a as building of special architectural or historic interest. A useful application if you are intending to do relatively minor work and have a certificate to prove the work carried out is lawful and did not need consent. However, if the proposed work is of some scale (even like-for-like repairs) or you intend to use any other materials⎯for instance, you intend to remove cementitious infill panels on EML and replace with a traditional lath and plaster finish⎯this type of application will not be sufficient and a you will need to obtain LBC.
Although this type of application is usually determined quicker than LBC, it would still require documents in the form of photographs, drawings, method statements, and a schedule of the proposed work intended to be carried out. You would need to be certain the work can be carried out in a like-for-like manner, with no change or addition of materials or finish that differs from what currently exists. You would also need to justify/prove why you believe the work you are proposing would not require LBC.
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