acss511 statutory control lecture 21/02/2012

Tuesday 21st February 2012

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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

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Designed to promote the preservation and enhancement of areas

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Two key government departments:

Statutory adviser:

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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…

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Lead body Public promotion Advice on listing Grants Guidance to LPAs Very influential

The main responsibilities rest with:◦ District Councils◦ Borough Councils◦ Unitary Authorities

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Central role as LPA Detailed local policies Development control: LPAs

receive applications for listed building consent

Designate conservation areas Conservation officers

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Previously:◦ Local Plans◦ Unitary Development

Plans Development plans

being replaced by Local Development Frameworks

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LEGISLATION AND PROCEDURES FOR LISTED

BUILDINGS AND CONSERVATION AREAS

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Planning (Listed Buildings and Conservation Areas) Act 1990

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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

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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

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May be served by LPA on unlisted building in danger

Same protection as listing

6 months May be added to list Caution needed

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Design, decoration or craftmanship

Building types and techniques

Plan form

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Social, economic, cultural or military history

Association with important people

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Extent to which building contributes to interest of group of buildings

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May be grounds for listing

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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

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Intrinsic architectural merit, but…

Special interest will not always be reflected in external visual quality

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Where large numbers survive - list only the most representative or significant

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Include best examples of vernacular buildings to illustrate local traditions

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Include buildings which represent important local industry

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Not a relevant consideration

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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

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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?

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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

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The building Objects / structures fixed

to the building Objects / structures

within curtilage of building prior to 1 July 1948

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Special attention given to applications for planning permission which affect setting of listed building

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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

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PROCEDURE FOR LISTED BUILDING CONSENT

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“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”

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In triplicate to LPA Plans/elevations/

photographs Certificate of

ownership Justify proposals

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Acknowledge application Advertise / site notice Amenity societies & EH Determine application 21

days after advertising Notify DCLG

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Presumption in favour of conservation

Clear and convincing justification

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The grade of listing Will proposals allow

continued viable use? How sensitive are

proposals Alternative approaches

considered?

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Required within 8 weeks unless extension granted

Decisions:◦ refusal◦ unconditional grant◦ grant subject to

conditions

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To Sec of State for DCLG Within 6 months Procedures similar to

planning appeals

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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

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“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”

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Look for distinctive qualities:◦ architectural◦ historic◦ social◦ cultural◦ relationships◦ character◦ streetscape

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To protect character of area as a whole

To maintain overall visual quality

To ensure new development accords with character of area

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Criteria usually in development plans

Public involvement Report prepared for

council members to approve

Notice in newspaper Notify DCLG No appeal

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LPA should publish proposals for preservation and enhancement

“..desirability of preserving or enhancing character or appearance”

Many LPAs publish design guides

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“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”

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Demolition requires CA consent

Shimizu principles apply Procedures similar to LBC Presumption in favour of

preserving buildings which make a contribution

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Planning applications within CA and just outside subject to scrutiny

Applications advertised Development may be

beneficial

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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

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Not statutory Various guidance on EH

website◦ www.english-heritage.org.uk/

Conservation Principles, Policies and Guidance

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Available via link on Westminster CC website

Separate form for Conservation Area Consent

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