Listed Buildings

1. Listed Buildings and
Conservation Areas
Law – ARC 402
Presented by: Alfie Simons, Darius Beck, Dan Palmer, Lee Slaughter and Christian Fahrenholz

2. Definitions
Listed Building: “In the UK, any building of such
architectural or historical quality that permission
must be granted before it may be changed or
demolished.”
Conservation Area: “An area of special
architectural or historic interest, the character or
appearance of which it is desirable to preserve or
enhance.”
C

3. Example
C

4. Listed Buildings and Conservation
Areas Act 1990
- Part 1: Listed Buildings
- Part 2: Conservation areas
- Part 3: General
- Part 4: Supplemental
Legislation
D

5. Determining an area for
conservation
- Planning authority determines an area which has special architectural or
historic interest
- Areas suitable for designation are determined by various factors
- Designating an area gives control to the council
- Consent required to carry out any works
D

6. Enforcement
- Varies in conservation areas
- May have a Conservation Area
Advisory Committee
- Six weeks notice for work on
trees
- Fines and replanting could be
enforced
C

7. What can be listed?
- Almost anything
- English Heritage has created 20 categories
- They describe the special considerations
C

8. Secretary of State for Culture,
Media and Sport
- Listed Buildings are placed on list with special architectural or historic
interest
- The Secretary of State can take advice from other experts
The main criteria used are:
- Age and rarity
- Architectural interest
- Historic interest
- Historical association
- Group value
B

9. What constitutes a building
within this framework?
- When a building is listed, it is listed in its entirety, which means that both
the exterior and the interior are protected:
- Any object or structure fixed to the building
- Any object or structure within the curtilage of the building
- Forms part of the land
- Before 1 July 1948
B

10. English Heritage protection
- Draws attention to cultural heritage of England
- Historic parks and gardens, Historic Battlefields and World Heritage
sites
Flodden, Northumberland.
Site of the battle of 1513
Chinese Pavilion at Wrest
Park, Bedfordshire. Grade I
D

11. Listed Building Grades
Grade Description
Grade I - Are of exceptional interest
- 2.5% of listed buildings
- 41% are places or worship
Grade II* - Buildings of more than
special interest
- 5.5% of listed buildings
Grade II - Are nationally important
- 92% of all listed buildings
- The Secretary of State
decides the Listed Building
grade
- Buildings built before 1700
and kept in similar condition
are listed
- Post-1945 buildings have to
be exceptionally important
B

12. Building Preservation Notice
- When building is not listed but in danger of demolition
- Has special architectural or historical interest
- Provides same protection as listed buildings
- Cannot be served if a certificate of immunity is in operation
- In effect for six months
D

13. - Discuss work with Local
authority’s Conservation Officer
- May require conservation area
consent
- Authority will consider
application for 8-13 weeks
- Carrying out work without
consent is a criminal offence
D
Effect of works in a conservation
area

14. Effect of damaging a Listed
building
- Criminal Justice Act 1982
- (1)”If a person does or allows the act of
damage to the building, he shall be guilty
of an offence”
- (4)”If a person fails to take steps
necessary to prevent any further
damage, he shall be guilty of a further
offence”
- Section (1 and 37): The standard scale of
fines for summary offences
Scale Fine
1 £200
2 £500
3 £1000
4 £2500
5 £5000
B

15. Remedial Works
- Planning (Listed Buildings and Conservation Areas) Act 1990
- Section (54): “Urgent works to preserve unoccupied listed buildings”
- (1)A local authority may execute any works which appear necessary
- (2)Secretary of State can authorise the Commission to execute work
- (3)There may be works for affording temporary support or shelter for the
building
- (7)Exercisable by the Commission and the relevant London borough
council
B

16. Listed building consent
Plans of a listed building
- S10 of the Listed Building act
1990 and Planning Regulations
1990
- Applications must be made to the
local planning authorities
- Accompanied with plans of
proposed works
- 8 weeks for smaller schemes and
13 weeks for larger schemes
- Works should start no later than
3yrs after L

17. Demolition without consent
- It is a Criminal Offence to carry
out unauthorised works
- Planning authorities can insist
works to be reversed
- Only defence is “Duress of
Circumstances”
- Basingstoke & Deane Bc Vs Carter
(2000)
L

18. Work on potential listed
buildings
- Owner needs to obtain or be
given a Repairs Notice from the
local Authority
- No Work should be carried out
without a Repairs Notice
- The individual may be prosecuted
Repairs Notice
L

19. Refusal of listed building
consent
- The land has to be rendered
incapable of reasonable or
beneficial use
Includes:
- Size
- Shape
- Location
- A purchase notice
L

20. Listed building consent for work
already executed
- Section 8(3) of LBCA Act 1990
- Work is only authorised from the
actual date the consent is given
- Anyone carrying out work in a way
which would affect its character
prior to this can still be
prosecuted
L

21. Listed Building enforcement
notice
- Given when work is done on a listed building without consent
Enforcement Notice Contains:
- Reasons
- Breaches
- Rectifications
- Time
- Failure to comply within the timescale results in a fine up to £20,000 or
an infinite fine when a further trial is carried out
A

22. A

23. A

24. A

25. Certificate of Immunity
- A legal guarantee that the building will not be listed as a listed building
during the five years of the valid certificate
- Developer can see whether they have five years to develop the site, or
whether it needs to be listed
- If the building gets listed then the owner must seek listed building
consent (LBC) for alterations
A

26. Compulsory acquisition
Grade II Listed building in Gloucestershire
- A Repairs notice will be sent to
the owner which tells them what
needs to be done if a listed
building is left in disrepair
- If after two months the owner
has not tried to fix these
problems then compulsory
purchase proceedings begin
- 21 days are given for appeal and
compensation is given to the
owner if successful
A

27. Intentional neglect of listed
buildings
- There are two criteria that can
help determine neglect
- Compulsory acquisition will be
imposed
- 28 days are given for objections
- Minimum compensation will be
given if successful Building left in disrepair from rain damage
A

28. Thank you for Listening!