Planning Practice Note
Listed Buildings
INTRODUCTION
This leaflet gives information about the Council's duties, powers and policies on listed buildings and advice to their owners about their obligations and responsibilities.
WHAT IS A LISTED BUILDING?
A listed building is one which the Secretary of State believes to be of special architectural or historic interest. Such buildings are included on a list maintained by the Department of Culture, Media and Sport (DCMS) and are thus known as 'listed buildings'.
Listed buildings are divided into 3 grades:
- Grade II - buildings of special interest;
- Grade II* - particularly important buildings (about 4% of the total nationally);
- Grade I - exceptional buildings (about 2% of the total nationally).
Listed buildings include other lesser structures including some gravestones, milestones, and telephone kiosks.
In South Shropshire there are 2100 listed buildings:
- 36 Grade I (1.7%);
- 143 Grade II* (6.9%);
- 1924 Grade II (91.4%).
THE LISTING PROCESS
Listing is carried out by the DCMS periodically. The criteria for listing are:
- buildings built before 1700 are almost always listed;
- buildings built between 1700 and 1840 are usually listed;
- buildings built between 1840 and 1914 are listed if they have definite quality and character or historic significance;
- buildings built since 1914 are listed only if they are of outstanding quality or historic significance;
- buildings less than 10 years old are never listed.
Spot listing
If it comes to the attention of DCMS that a building should be listed, they may do so. This is called 'spot listing'.
Building Preservation Notices (BPN)
The LPA can serve a BPN which has the effect of listing a building for 6 months while its permanent inclusion in the list is considered. This provision is rarely used because the LPA can be liable to compensation if the building is not listed by DCMS.
THE OWNER'S OBLIGATIONS
The owner of a listed building has 2 obligations:
- a moral obligation, as a custodian of part of the national heritage, to preserve the property for the benefit of future generations;
- an obligation at law not to demolish all or part of the building or make alterations to it, which would affect its special architectural or historic interest, without having obtained 'listed building consent' from the LPA (or the Secretary of State if appropriate) to carry out the works.
It is a criminal offence to carry out works which require listed building consent without having obtained that consent. Penalties under these provision include heavy fines and even imprisonment in serious cases.
THE SCOPE OF LISTED BUILDING CONTROL
Examples of works which require Listed Building Consent are:-
- the demolition of all or part of a listed building;
- the demolition of any building within the curtilage of a listed building;
- the construction of any extension to the listed building;
- any alteration to the fabric of the building such as the insertion, blocking up or replacement of windows or doors; re-roofing in a new material; or the removal of any internal walls;
- the removal of any internal or external features of the building such as chimneys; windows; external or internal doors; staircases; fireplaces; shutters; panelling; plaster cornices; ceiling roses; or other features; or lamps; (or other external ironwork);
- the demolition or removal of any external walls, fences, gates or railings;
- rendering or repointing the building;
- any works which may affect the setting of the building;
- painting the building externally in a different colour to the existing which materially changes its appearance.
Works of repair do not need listed building consent only if exactly the same sizes and types of materials are used in the repair as those being replaced.
If in doubt, those intending to carry out work to a listed building are strongly advised to contact the Conservation Officer (01584) 813355 or Planning Support (01584) 813000 for guidance on the correct procedures.
APPLYING FOR LISTED BUILDING CONSENT
The LPA administers listed building applications as part of its normal development control procedures. Proposals often need both planning permission and listed building consent.
Listed building consent may be:
- granted, usually subject to conditions, or
- refused.
You can appeal against a refusal of consent or a condition in the usual way. Please ask for the relevant free leaflet.
LISTED BUILDING ENFORCEMENT
The LPA can prosecute anyone who undertakes unauthorised works to a listed building.
The LPA also has the power to take enforcement action to have the works removed and the building restored to its previous condition or altered to reduce the harm to the special character of the building, at the owner's expense.
Listed building enforcement action follows the same procedures as that for other breaches of planning control, including the right of appeal.
LPA'S POWERS TO PRESERVE LISTED BUILDINGS
The LPA has power to secure the preservation of listed buildings by:
- compulsory purchase;
- undertaking works to unoccupied buildings to prevent further damage.
Compulsory purchase of listed buildings
Before taking compulsory purchase action, the LPA must give the owner a last chance to undertake works to preserve the building. This is called a Repairs Notice. If the owner objects to the Compulsory Purchase Order, a public inquiry must be held before the Secretary of State can confirm it.
The normal arrangements for compensation on compulsory purchase usually apply. However, if the owner is judged to have deliberately let the building fall into disrepair, for the purposes of justifying its demolition, minimum compensation may be payable.
Urgent works to preserve unoccupied listed buildings
If a listed building is unoccupied, the LPA may undertake urgent works to stop it deteriorating and require the owner to pay the cost. There are rights of appeal in this process.
LPA policy
It is the LPA's policy to use its compulsory purchase and urgent works powers only when absolutely necessary. It prefers to work with the owners of listed buildings to secure viable long term futures for the buildings.
Anyone who faces difficulty in preserving a listed building should contact the LPA at the earliest possible stage.
ADVICE
Advice on listed buildings and:
- proposed works of alteration and demolition;
- difficulties in preserving listed buildings at risk;
- traditional building techniques for repairs, alterations and preservation;
may be obtained from the Conservation Officer (01584) 813355.
© Copyright South Shropshire District Council,
Stone House, Corve Street,
Ludlow, Shropshire, SY8 1DG.
Tel: (01584) 813000
Fax: (01584) 813128
e-mail: planning@southshropshire.gov.uk
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Subscribe to changes to this page here.Author: Planning and Building Control. Last Updated: 13/2/2007.
