Listed building consent – what is it, and what are the risks of not obtaining it?

Listed building control is a special form of planning and development control that applies only to buildings of special architectural or historic interest. It is in addition to the control exercised by a local planning authority over the development of land which may require an application for planning permission.

Listed building control is intended to prevent the unrestricted demolition, extension or alteration of a listed building without the express consent of either the local planning authority or the Secretary of State. This control extends to any works to a listed building that are likely to affect its character as a building of special architectural or historical interest.

To carry out works to listed building that affect its character, without the necessary consent, puts the parties involved in unauthorised work at risk of the following:

(i) Enforcement action – an enforcement notice served by the planning authority would require steps to be taken to, for example, restore the building to its former state.

(ii) Criminal prosecution - it is an offence to carry out works that affect the character of the listed building without consent. Carrying out unauthorised works to a listed building is an offence of strict liability – it makes no difference that the person carrying out the works did not know that the building was listed. On conviction, the Court may impose a fine (subject to limits), or in extreme cases, imprisonment (which is at the discretion of the Court).

Clearly ‘prosecution’ is a word that sharply focuses the mind of those involved in the development of listed buildings, and the local authority may consider to use both (i) and (ii) or either of them. The easiest way to avoid any enforcement or prosecution is to apply for listed building consent: but what, precisely, is consent required for?

The guiding principle that underlies listed building control is that, as far as possible, listed buildings should be retained in use and where changes to such a building are necessary to enable it to be used then the changes should, as far as possible, respect and retain the quality and characteristics of the building.

Whether or not a listed building is demolished will be evident on looking at the building (or what is left of it!); partial or whole demolition undoubtedly affects the character of a listed building. The same can be said for an extension to a listed building: but what of alterations?

Alterations covers a much larger spectrum of works than those for which planning permission is required and also includes many works which are not ‘development’ at all, when you consider how ‘development’ is defined in the Town and Country Planning Act.

The phrase “affect its character” is a very general one but the following may be taken as some guiding principles:

1. The need for consent to alter a listed building covers alterations to the listed building itself, any object or structure associated with the listed building (for example a conservatory or an immediately adjoining building), buildings within the curtilage of the listed building, and objects and structures fixed to the listed building (panelling, chimney pieces, and balustrades are examples).

2. The question as to what types of work are sufficient “to affect the character” of a listed building is open to wide interpretation. This could include something that is as relatively simple as a replacement of Victorian stained glass with clear glazing, or the painting of stone facade which was previously unpainted. On the other hand if a listed building is set in large grounds, to alter a minor structure (such as an outhouse) which is some distance from the main building would be unlikely to affect the character of the whole and would therefore only rarely require consent.

3. The Courts are the ultimate arbiter of whether proposed works would affect the character of a listed building sufficiently to require the building consent. In practice, common sense should prevail – minor works such as rewiring or redecoration should not require consent but views can differ widely between different planning authorities and their conservation officers.

4. If there is any doubt, before any works are carried out to a listed building of whatever grade (Grade I, II* or II) then advice should be sought from the planning authority with, where necessary, referral to a conservation specialist and planning solicitor.

For further information please contact Alistair Watson on +44 (0)20 7367 3890 or at [email protected]