Listed Buildings and Conservation Areas

Law – ARC 402

Presented by: Alfie Simons, Darius Beck, Dan Palmer, Lee Slaughter and Christian Fahrenholz

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

Example

C

Listed Buildings and Conservation Areas Act 1990

- Part 1: Listed Buildings

- Part 2: Conservation areas

- Part 3: General

- Part 4: Supplemental

Legislation

D

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

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

What can be listed?

- Almost anything

- English Heritage has created 20 categories

- They describe the special considerations

C

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

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

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

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 1700and kept in similar condition are listed

- Post-1945 buildings have to be exceptionally important

B

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

- 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

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

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

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

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

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

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

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 characterprior to this can still be prosecuted

L

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

A

A

A

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

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

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

Thank you for Listening!