acss511 statutory control lecture 21/02/2012
DESCRIPTION
PowerPoint presentation covering Listed Buildings and Conservation AreasTRANSCRIPT
Tuesday 21st February 2012
ACSS511: Statutory Control 3
Explain the administrative framework for historic buildings and areas at both national and local levels
Identify the statutory provisions which apply to listed buildings and conservation areas
Describe the procedures associated with applications in respect of listed buildings or works in conservation areas.
Listing provides statutory protection against works which affect character or appearance of building
ACSS511: Statutory Control 4
Designed to promote the preservation and enhancement of areas
ACSS511: Statutory Control 5
ACSS511: Statutory Control 7
Two key government departments:
Statutory adviser:
ACSS511: Statutory Control 8
Sec of State: Eric Pickles Planning policy Legislation / regulations Advice Appeals
Sec of State: Jeremy Hunt Duty to maintain ‘lists’ Responsibility for:
◦ policy◦ funding◦ legislation
Advised by…
ACSS511: Statutory Control 9
ACSS511: Statutory Control 10
Lead body Public promotion Advice on listing Grants Guidance to LPAs Very influential
The main responsibilities rest with:◦ District Councils◦ Borough Councils◦ Unitary Authorities
ACSS511: Statutory Control 11
ACSS511: Statutory Control 12
Central role as LPA Detailed local policies Development control: LPAs
receive applications for listed building consent
Designate conservation areas Conservation officers
ACSS511: Statutory Control 13
Previously:◦ Local Plans◦ Unitary Development
Plans Development plans
being replaced by Local Development Frameworks
ACSS511: Statutory Control 14
LEGISLATION AND PROCEDURES FOR LISTED
BUILDINGS AND CONSERVATION AREAS
ACSS511: Statutory Control 15
Planning (Listed Buildings and Conservation Areas) Act 1990
ACSS511: Statutory Control 16
Sec of State for Culture, Media and Sport has a duty to compile and maintain lists of buildings of architectural or historic interest
Advised by English Heritage
ACSS511: Statutory Control 17
Anyone may apply for a building to be listed
English Heritage responsible for considering and advising on all applications for listing
If accepted – the SoS adds building to list
ACSS511: Statutory Control 18
May be served by LPA on unlisted building in danger
Same protection as listing
6 months May be added to list Caution needed
ACSS511: Statutory Control 19
ACSS511: Statutory Control 21
Design, decoration or craftmanship
Building types and techniques
Plan form
ACSS511: Statutory Control 22
Social, economic, cultural or military history
Association with important people
ACSS511: Statutory Control 23
Extent to which building contributes to interest of group of buildings
ACSS511: Statutory Control 24
May be grounds for listing
ACSS511: Statutory Control 25
Before 1700: virtually all buildings listed
Less than 30 years old: outstanding quality and under threat
After 1840: greater selection necessary
1700-1840: most buildings listed
ACSS511: Statutory Control 26
Intrinsic architectural merit, but…
Special interest will not always be reflected in external visual quality
ACSS511: Statutory Control 27
Where large numbers survive - list only the most representative or significant
ACSS511: Statutory Control 28
Include best examples of vernacular buildings to illustrate local traditions
ACSS511: Statutory Control 29
Include buildings which represent important local industry
ACSS511: Statutory Control 30
Not a relevant consideration
ACSS511: Statutory Control 31
Grade IExceptional interestNational importance
Grade II*Particularly important buildings of
more than special interest
Grade IIBuildings of special interest,
warranting every effort to preserve them
ACSS511: Statutory Control 32
The following works may not be carried out without obtaining listed building consent:o Works of demolitiono Works of alteration or
extension which would affect the character of the building
Contravention is a criminal offence
What constitutes demolition?
ACSS511: Statutory Control33
Demolition of a listed building refers to pulling down a building so it is destroyed completely, or at least to a very significant extent. (Planning Circular 01/2001 Appendix D)
Demolition of part of a listed building is therefore deemed an alteration.
Alterations only require LBC if they affect the the character of a building
ACSS511: Statutory Control 34
ACSS511: Statutory Control 35
The building Objects / structures fixed
to the building Objects / structures
within curtilage of building prior to 1 July 1948
ACSS511: Statutory Control 36
Special attention given to applications for planning permission which affect setting of listed building
ACSS511: Statutory Control 37
Listing can affect development value
Application can be made to Sec of State for a Certificate of Immunity from Listing
If granted - no listing for 5 years
If not - building will probably be added to list
ACSS511: Statutory Control 38
PROCEDURE FOR LISTED BUILDING CONSENT
ACSS511: Statutory Control 39
“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”
ACSS511: Statutory Control 40
In triplicate to LPA Plans/elevations/
photographs Certificate of
ownership Justify proposals
ACSS511: Statutory Control 41
Acknowledge application Advertise / site notice Amenity societies & EH Determine application 21
days after advertising Notify DCLG
ACSS511: Statutory Control 42
Presumption in favour of conservation
Clear and convincing justification
ACSS511: Statutory Control 43
The grade of listing Will proposals allow
continued viable use? How sensitive are
proposals Alternative approaches
considered?
ACSS511: Statutory Control 44
Required within 8 weeks unless extension granted
Decisions:◦ refusal◦ unconditional grant◦ grant subject to
conditions
ACSS511: Statutory Control 45
To Sec of State for DCLG Within 6 months Procedures similar to
planning appeals
ACSS511: Statutory Control 47
Listing deals with buildings
CAs are concerned with the whole area
Introduced by Civic Amenities Act 1967
Current legislation is P(LB&CA)Act 1990
ACSS511: Statutory Control 48
“Every LPA shall from time to time determine whether any parts of their area are areas of special architectural or historic interest, the character of which it is desirable to preserve or enhance, and shall designate those areas as conservation areas”
ACSS511: Statutory Control 49
Look for distinctive qualities:◦ architectural◦ historic◦ social◦ cultural◦ relationships◦ character◦ streetscape
ACSS511: Statutory Control 50
To protect character of area as a whole
To maintain overall visual quality
To ensure new development accords with character of area
ACSS511: Statutory Control 51
Criteria usually in development plans
Public involvement Report prepared for
council members to approve
Notice in newspaper Notify DCLG No appeal
ACSS511: Statutory Control 52
LPA should publish proposals for preservation and enhancement
“..desirability of preserving or enhancing character or appearance”
Many LPAs publish design guides
ACSS511: Statutory Control 54
“A building in a conservation shall not be demolished without conservation area consent”
“In the exercise of powers under the planning acts …. special attention shall be paid to the desirability of preserving or enhancing the character or appearance of that area”
ACSS511: Statutory Control 55
Demolition requires CA consent
Shimizu principles apply Procedures similar to LBC Presumption in favour of
preserving buildings which make a contribution
ACSS511: Statutory Control 56
Planning applications within CA and just outside subject to scrutiny
Applications advertised Development may be
beneficial
ACSS511: Statutory Control 57
Applications for pp advertised
Restrictions on permitted development rights
Notice required to fell or lop trees
Advertising may be restricted
PPS5: Planning for the Historic Environment
Available on Planning Portal
Accompanying Practice Guide
ACSS511: Statutory Control 59
Not statutory Various guidance on EH
website◦ www.english-heritage.org.uk/
Conservation Principles, Policies and Guidance
ACSS511: Statutory Control 60
Available via link on Westminster CC website
Separate form for Conservation Area Consent
ACSS511: Statutory Control 61
ACSS511: Statutory Control 62
ACSS511: Statutory Control 63
ACSS511: Statutory Control 64
ACSS511: Statutory Control 65