LISTED BUILDING CONSENT
THE MALTINGS

If you want to alter or extend a listed building in a way that affects its character or appearance as a building of special architectural or historic interest, or even demolish it, you must first apply for listed building consent from your local planning authority.

Unauthorised work is a criminal offence

You need to be aware that carrying out unauthorised works to a listed building is a criminal offence and individuals can be prosecuted. A planning authority can insist that all work carried out without consent is reversed. You should therefore always talk to the local planning authority before any work is carried out to a listed building. An owner will have trouble selling a property which has not been granted Listed Building Consent for work carried out. Changes to the way listed building consent can be granted have been introduced, and are explained in our web page on the effects of the Enterprise and Regulatory Act 2013.

Each building is different. There are no specific rules for what can or can't be done without consent. This of course introduces a nightmarish situation whereby individual Conservation Officers can have widely differing opinions as to what you can do.

When a Council considers whether to grant or to refuse an application it must have special regard to the desirability of preserving the building, its setting and any features that make it special. You should give consideration to these things when planning proposed changes - which means understanding the building and its history very well. Do your research - this is going to be needed for the 'Design and Access' statement which accompanies the application.

Listed status covers the Inside and Outside of a building. It is a common misconception that only the ouside is covered. Things needing consent might include the replacement of windows or doors, moving or removing internal walls, painting brickwork or stone, or changing fireplaces. The Planning Advice published by Historic England gives advice on what to provide with an application for consent.

The legal basis for listing a building in the United Kingdom is primarily established under the Planning (Listed Buildings and Conservation Areas) Act 1990. This legislation sets out the framework for identifying and protecting buildings of special architectural or historic interest.

It's important to note that the legal basis and specific processes for listing and protecting buildings may have some variations in Scotland, Wales, and Northern Ireland. The relevant legislation in those regions includes the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997, the Planning (Listed Buildings and Conservation Areas) (Wales) Act 1990, and the Planning (Northern Ireland) Order 1991.

Pre-application discussions

It is a good idea to have a pre-application discussion and planning appraisal with your Conservation Officer to see if consent is required. You will get an idea of what might be acceptable and find out whether ideas need to be changed to make them likely to succeed.

In exceptional cases, grants are available from Historic England for repairs to listed buildings. English Heritage grants are usually only available for Grade I or Grade II* listed buildings (although in London certain categories of Grade II listed buildings can be considered) but all applications are considered on their individual merits. Local authorities also have powers to give grants to owners of listed buildings - but there are virtually none on offer at the moment

Applying for Listed Building Consent

The process of Listed Building Consent is administered by your local authority planning department, and overseen by their Conservation Officer. En-Plan can apply for listed building consent in the United Kingdom, but first we will estalish whether the proposed works on the listed building require listed building consent. Remember that any alterations or changes that may affect the character or special interest of the listed building typically require consent.

Once we have sumitted the application the local planning authority will review the application, consult with relevant parties, and assess the impact of the proposed works on the listed building's special interest. They may request additional information such as a heritage statement or clarification during the process. The local planning authority will ultimately make a decision on the application. If the application is approved, listed building consent will be granted, typically subject to certain conditions.

What happens if consent is refused?

If consent is refused you have six months in which you can appeal to the Secretary of State for Communities and Local Government (DCLG), through the Planning Inspectorate or you can amend your plans, based on the written advice provided, and re-apply. Note that much of the advice you will be given is written in government legalese - which in many cases is virtually unintelligible. Again, you may need expert help to work out why they are refusing an application.

What should I do if the work has already been completed?

We can produce a "retrospective" applicationn to remedy the problem with the Local Plannig Authority and liasise with them as if this were a new applocation to gain approval for the proposal and avoid any unneccessary planning enforcement action.

Case Study: :Listed Building Consent at 23/01284/LBC | Internal re-configuration and new timber framed windows and door. Installation of decking and pergola to rear (amended). | 2 Severn Street Shrewsbury Shropshire SY1 2JA

2 Severn Street is a Listed Building two-storey dwelling located within Castlefields, Shrewsbury. The property is a westerly most dwelling unit of the original mid-19th Century row of houses making up this very long Grade II listed building row, where these form a flanking range to the former weaving factory and flax warehouse for the Grade Il listed Ditherington flax mill complex located to the north on Spring Gardens. The building row is quite prominent within the street scene given its positioning, length and attractive historic appearance, where this area comprises the Castlefields and Spring Gardens Special Character Area within the larger Shrewsbury Conservation Area. Each of the 16 units making up the original historic row feature small front garden amenity areas bounded in the main by low brick walls running along the highway which is characteristic of Severn Street and other streets within this neighbourhood.

Alterations and additions to Listed Buildings are acceptable in principle providing that they do not have a detrimental impact upon the architectural or historic character of the building, or its character and setting – therefore meeting the relevant policy requirements of Shropshire Core Strategy CS6 and CS17 and SAMDev Plan MD2 and MD13. In addition to local policies, Section 66 of the Planning (Listed Buildings and Conservation Areas) Act 1990, stated that Local Planning Authority’s should, in considering whether to grant listed building consent, have special regard to the desirability of preserving the building or its
setting or any features of special architectural or historic interest which it possesses. The proposals include internal re-configuration and new timber framed windows and door, installation of decking and pergola to rear. The proposals will not affect any existing wildlife habitation and do not affect or alter surrounding buildings. No existing trees will be affected by these proposals and there is no flood risk associated with these proposals. It is not deemed that the revised proposals will have a significant harm or impact on the character and setting of the fabric of the Grade ll Listed building. The proposals will not affect neighbouring properties in terms of aspect or increased overlooking and will not affect the adjacent properties in terms of overlooking or loss of amenity.

DEVELOPMENT IN CONSERVATION AREAS

In the United Kingdom, conservation areas are designated locations that are considered to have special architectural or historical significance. These areas are protected and preserved to maintain their unique character and ensure that any changes or developments within them are in line with their special qualities. Conservation areas play an essential role in safeguarding the country's cultural heritage and maintaining the visual appeal of certain neighborhoods or landscapes.

Conservation areas in the UK are subject to stricter planning controls to protect their architectural and historic significance. The specific planning restrictions can vary slightly between different conservation areas and local authorities, but here are some common planning restrictions that typically apply. Planning permission is usually required for the complete or substantial demolition of any building within a conservation area. This control is in place to prevent the loss of historically significant structures. Planning permission is often required for significant alterations to the external appearance of buildings within conservation areas. This can include changes to windows, doors, roofs, chimneys, or other visible elements. The aim is to ensure that any alterations are in harmony with the area's architectural character. Planning permission is generally required for extensions, new buildings, or changes in land use within conservation areas. The local authority will carefully consider the impact of proposed developments on the area's character, scale, and design quality.

When applying for planning permission in a conservation area in the UK it's crucial to consult with your local planning authority early in the planning process. They can provide specific guidance on the required documentation, application fees, and any additional information that may be necessary for a successful planning application in a conservation area. Engaging with the local conservation officer or seeking professional advice from a planning consultant or architect with experience in conservation areas can also be beneficial in preparing a comprehensive planning application.

Case Study: Installation of plant equipment with pipework at Granard House, Royal Marsden Hospital, 203 Fulham Road, LONDON - Application Reference PP/22/07719

The proposal seeks to install a liquid transfer plant with associated pipework behind a gated access point facing towards Fulham Road. The plant would be located next to the steps of the secondary gated access which would be modest in size and would be screened by the existing boundary wall and railings. The associated pipework would also be discreet as these would be screened by the low wall. All of the proposed development would be screened away from the listed buildings in the vicinity and would not attract any adverse public or private views from the streetscene and neighbouring properties. As such, the development is considered to preserve the character and appearance of the building and the conservation area, as well as the special interest of the listed buildings nearby.

The proposal would retain a good level of living conditions for the neighbouring properties and the occupiers on site as the development would result in no noise or odour impact for the neighbours. This development would also result in no land contamination issues for the occupants within and nearby the application site. In addition, the development would not be near any existing protected trees on site and would have no impact on trees andlandscaping.

Case Study 23/03357/FUL | Application under Section 73a of the Town and Country Planning Act 1990 for loft conversion with dormers and single storey side and rear extensions (resubmission) | 27 Canon Street Shrewsbury Shropshire SY2 5HQ.

Application under Section 73a of the Town and Country Planning Act 1990 for loft conversion with dormers and single storey side and rear extensions (resubmission) at the property known as 27 Canon Street.

27 Canon Street is a detached Victorian property within the Cherry Orchard Special Character Area of the Shrewsbury Conservation Area. The property is of red brick and slate construction and is covered by an Article 4(2) Direction along with the rest of Canon Street and the majority of Cherry Orchard. This removes permitted development rights for various forms of development including alterations to windows on elevations fronting a highway.

Alterations to residential properties are acceptable in principle providing they meet the relevant criteria of Shropshire Core Strategy Policy CS6: Sustainable Design and Development Principles. This policy states that development should be of high quality, appropriate in pattern and design taking account of local context and character, and should also safeguard residential and local amenity.

As the application site is within a designated Conservation Area, and covered by an Article 4(2) Direction, proposals also need to meet core strategy policy CS17 and SAMDev policies MD2 and MD13 in order to protect, enhance or restore Shropshire’s heritage assets and avoid harm to their significance and setting.

The National Planning Policy Framework requires proposals affecting heritage assets to have regard to any harm caused to their significance. Where a proposal would lead to less than substantial harm to the asset, this harm should be weighed against the public benefits of it, including securing its optimum viable use. The NPPF also sets out that great weight should be given to the conservation of heritage assets including conservation areas.

The extensions would be sited at the rear of the dwelling, having no impact on the character and appearance of the street scene. SC Conservation raise no objection to the proposal. On the basis of the
above, the proposal is not considered to adversely impact visual amenities of the locality and would not result in harm to the character and appearance of the Conservation Area. En-Plan were able to demonstrate this s by utilising architectural visualisation to show the scheme its best light.

Amendments were made to reduce the size of the previously L-shaped dormer and only include the box dormer on the rear roof slope, as recommended on the previous application. Although this feature is quite
large it is located to the rear roof slope and matching materials are proposed, therefore there is no concern with the rear dormer window in terms of its impact on the character and appearance on the area as it would not be highly visible from the street. On this basis, the application would comply with Core Strategy Policies CS6 and CS17, as well as SAMDev Policies MD2 and MD13.

The works were judged to be in scale and character with the original building and of no demonstrable harm in terms of visual impact. No significant harm is considered to arise to the neighbouring resident’s amenity and the application therefore accords with the principal determining criteria of the relevant development plan policies including CS6 and MD2 and approval is recommended subject to planning conditions.

To Conclude

At EN-PLAN we have extensive experience in dealing with historic properties and a comprehensive understanding of the special planning constraints affecting their development and use in a modern context. As a Planning Consultancy we provide specialist advice and act on behalf of clients nationally at every stage of projects, helping them to realise the true value of listed and conservation area buildings.

We ensure that the proposals, with our input, are economically viable and will respect and enhance the property's historic character. We also assist with projects which have a potential impact on the historic environment, providing innovative solutions to rescuing buildings and sites that are normally seen as liabilities for their owners. If you require assistance with a planning application or planning refusal, contact us for impartial advice and a fixed fee proposal please contact us.