Planning
Owning a Listed Building
Last revised: 7 October 2008
This
information has been produced by the Conservation Team at Kennet District Council in order to provide
a clear understanding of what a listed building is and the implications for owners. It is not intended
to represent an exhaustive account of the legal and policy framework relating to listed buildings, but
should be helpful on a ‘first enquiry’ basis.
What
is
a listed building?
A listed
building is one that has been included in the statutory List of Buildings of Special Architectural and
Historic Interest. The Secretary of State for Culture, Media and Sport has a duty to maintain this list
under the Planning ( Listed Buildings and Conservation Areas) Act 1990. Once listed, a building is given
statutory protection against unauthorised demolition, alteration and extension.
When
listed, buildings are placed in one of three grades depending on their importance. Grade I buildings
are considered to be of exceptional importance, grade II* are particularly important and grade II buildings
are of special importance. Around 2% of all listed buildings are grade I, 4% are grade II* and the remainder
are grade II. All listed buildings are considered to be of national importance and so the protection
afforded to them applies equally, regardless of grade.
Although the
majority of listed buildings are indeed buildings, a wide range of structures are also included on the
list. In this district examples include telephone boxes, bridges, churchyard monuments, boundary walls
and canal lock gates.
Enquiries as to whether a building
is listed can be
made to the Council within normal office hours, at the contact details listed below. Alternatively,
enquiries can also be made to English Heritage’s National Monuments Record Centre (contact details given
below).
Why is a building listed?
Generally
speaking, buildings are listed because
they are considered to make an important contribution to the historic environment and are therefore
deemed worthy of protection. This contribution may be purely a result of their architectural value but
may also result from their significance in the country’s history. These qualities are assessed using
the criteria set out in Planning Policy Guidance Note 15 (PPG15), the official Government guidance relating
to planning and the historic environment. The criteria are based upon age and rarity and special interest.
Special interest encompasses architectural quality, historic association and importance, group value
and technical innovation.
How is a
building listed?
The
decision to list is taken by the Secretary of
State for Culture, Media and Sport, following the advice of English Heritage, the government’s official
advisor on the historic environment (which is also responsible for administering the listing process).
Before a full assessment is made against the criteria set out in PPG15, the owner and the local authority
(Kennet District Council) will be notified and asked for comments. In the past buildings were identified
by inspectors during national surveys but today listing will either occur as a result of a targeted
survey or via spot listing. Spot listing usually occurs when a listable building comes under threat
or new evidence of a building’s importance comes to light. Any person can request a building be listed,
or alternatively de-listed. If you wish to do so you should write to the Heritage Protection Operations
Department at English Heritage (the address is given at the end of this leaflet).
Which parts of the building are
listed?
The simple answer is that
for all grades,
the building is listed in its entirety, both the exterior and the interior. This includes
interior features such as partitions, doors and fireplaces, to name but a few. It also includes any
object or structure fixed to the building, and any freestanding structure within the building’s curtilage
which has existed since before 1948. A building’s curtilage may often be the boundary of the site but
each building’s curtilage will be different and has to be determined individually.
When
a building is listed a list entry is produced. This contains the address and a brief description of
the main features of the building. However, these are only intended to be an aid to identification and
should not be used as a guide to determine which parts of a listed building are protected and which
not, because as already stated, the WHOLE building is listed.
What
if I want to carry out repairs or alterations to a listed building?
Listing
is not intended to ‘fossilise’ a building, rather the protection given to them is meant as a tool to
manage change in a sensitive manner. This protection effectively removes all the permitted development
rights that might otherwise apply to a non-listed building. Therefore, you must apply to the council
for listed building consent before demolishing the whole or part of a listed building and before altering
or extending a listed building in any manner which would affect its character as a building of special
architectural or historic interest. It is a criminal offence to execute or cause such works to be executed,
without first having gained listed building consent. If you commit such an offence you may be liable
to enforcement action or prosecution. This reflects the value that the Government places on maintaining
our historic built environment.
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What types of alteration do I need
to obtain listed building
consent for?
As indicated above, works of demolition, alteration
and extension will require consent. However, consent is not normally required for repairs as long as
the work does not involve alterations which would affect the special interest of the building. It is
always best to contact the Council, preferably in writing, to gain advice on whether the works you are
proposing require an application to be submitted for consent. The Conservation Team will also be able
to give you an indication of whether the works are likely to gain consent or not. The following are
just a few examples of the types of alterations that require consent: Demolition or partial demolition,
extensions, loft conversions, change of roof materials or details, replacement of windows, change of
exterior paint colour, installation of a satellite dish, change of rainwater goods, installation of
flues, removal or replacement of historic ceilings and floors, alterations to internal partitions, installation
of new heating systems with associated plumbing. Please note that some external alterations, such as
certain extensions, will also require planning permission. You should always contact the Development
Control section of the Council to determine whether planning permission is required. Where planning
permission and listed building consent are required you are encouraged to submit applications for both
at the same time. Many works may also require approval under the Buildings Regulations, for example,
loft conversions. If so, then it is always prudent to ensure that the works will meet the requirements
of Buildings Regulations prior to submitting a listed building consent application.
How
do I apply for listed building consent?
You should apply to Kennet
District Council on a listed building consent application form. Please contact us if you would like
to receive a copy. There is no fee for submitting a listed building consent application and applications
generally take 8 weeks to be determined. In most cases, the Council will make the final decision on
the application. However, in the case of demolitions, and works to grade I and II* listed buildings,
a decision may take longer to be determined because it is necessary for the Council to refer the case
to the Secretary of State who may then determine the application after consulting with English Heritage.
In order that the works can be fully assessed for their impact on the
listed building, an application should be as informative as possible. A high quality application would
include a detailed description of the proposed works and show how the proposal alters the building.
It would also include information on the history of the building and a justification statement to demonstrate
why the works are considered necessary and how they have been designed to respect the special interest
of the building. We are happy to provide comment at the pre-application stage on whether an alteration
is likely to obtain approval. Please either email or write to us with details of your proposal including
information such as scale floor plans and elevation drawings, photos and detailed scale drawings of
individual elements such as joinery details, where appropriate.
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What if my application
is refused?
If
the Council refuses to grant listed building consent, or fails to give a decision within eight weeks
of the submission of a complete application, an appeal can be lodged with the Planning Inspectorate.
A decision on the issue will be taken, usually by an Inspector, following the consideration of cases
put forward by the appellant and the Council in the form of written representations, an informal hearing
or a public inquiry.
How should I
approach the repair
and maintenance
of a listed building?
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Historic
buildings are constructed differently to modern buildings and require a certain level of time and understanding
in order to maintain them in a sensitive manner. Modern building methods and materials are often incompatible
with the traditional materials used in historic buildings and so great care should be taken when determining
the course of action for repair or maintenance. Selecting skilled trade people with appropriate knowledge
of traditional building methods and materials is essential. Although we are unable to provide recommendations
we can provide lists of contractors. You are advised to check with prospective companies for any references
or previous work that they may have done to judge for yourself their suitability. Remember that not
all trades people have the appropriate knowledge and skills, even if they claim to do so.
Regular
maintenance is key to keeping a building weather proof and avoiding potential degradation. Recognising
potential problems at an early stage is beneficial. It is advisable to safely carry out regular inspections
in order to check for common defects such as blocked gutters and drains, missing roof tiles and deteriorating
paintwork on exterior woodwork. Remedying what seems like even the smallest of problems may save a great
deal of time, effort and money further down the line.
Avoid
situations such as this by carrying out regular inspections and appropriate maintenance!
An excellent booklet called ‘A Stitch in Time’ has been produced jointly
by the Institute of Historic Building Conservation and the Society for the Protection of Ancient Buildings.
It contains very useful guidance on inspections and types of suitable repairs. Please contact us if
you would like to receive a copy.
What measures does the Council have available to it in order to ensure that listed buildings are kept in good condition?
It is the owner’s responsibility
to ensure the upkeep of their listed building by carrying out regular maintenance. However, in cases
where a listed building does fall in to disrepair, the Council has certain powers to require that the
owner carries out works necessary for its proper preservation. The Repairs Notice served must specify
the repairs which are required. If these are not carried out within a reasonable time, the Council can
begin Compulsory Purchase proceedings. The Council can also carry out Urgent Works in order to make
an unoccupied listed building weather proof and safe from collapse, or to prevent vandalism or theft,
after notifying the owner of the intention to do so. The cost of the works can be recovered from the
owner.
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Are
any grants available to assist in the cost of repairing listed buildings?
Unfortunately,
at the present time the Council is not able to offer any financial assistance for works to listed buildings.
In exceptional cases, English Heritage may be able to offer grants for works to grade I and II* buildings.
Generally speaking, for privately owned residences, the options for funding are limited although there
may be wider scope for other types of buildings, such as ones owned by charitable organisations, buildings
with a community use or agricultural buildings. Information on sources of funding can be found on the
‘Funds for Historic Buildings’ website (the URL is given below).
Should I take out special insurance for a listed building?
There
are specialist companies that provide building insurance policies specifically tailored to listed buildings.
There is no obligation to take out such a policy but it may be worthwhile investigating the benefits
of them. The most important thing is to make sure that a policy will deliver enough funds for repair
or rebuilding in the event of damage to the building caused by events such as fire, accident or adverse
weather conditions. As the repair or rebuilding costs for historic buildings will be higher than for
the equivalent standard, modern building it is key that any policy reflects this.
Are
there any benefits relating to VAT?
Some alterations to listed
buildings may be zero rated for VAT purposes. You may read more on this subject in our leaflet ‘Value
Added Tax and Listed Buildings.’
Other Kennet District Council leaflets
In addition to the VAT leaflet mentioned above, the Conservation Team have produced the following Conservation Information Leaflets:
-
‘A Guide to Buying a Listed Building’ - Advice for those people considering purchasing a listed building.
-
‘Conservation Areas’ - Advice for those who live or work in conservation areas.
-
‘Re-Thatching’ - Information and technical advice on the various types of thatch in use in Kennet.
-
‘Historic Farm Buildings’ - Guidance on the conservation and future use of historic farm buildings, including barns.
-
‘Value Added Tax and Listed Buildings’ - Information on how works to listed buildings may be affected by VAT.
All leaflets are available online at the
council website. Otherwise please contact us if you would like to receive a copy by post.
Useful
resources relating to listed and historic buildings
Statutory/Government/Policy
| English Heritage (South West) | Heritage Protection Operations Department English Heritage, Room 202 |
| National Monuments Record Centre | Images of England |
| Department for Culture, Media and Sport | HM Revenue & Customs |
| Office of the Deputy Prime Minister | |
| Advice / Learning about buildings | |
| Wiltshire Buildings Record | Society for the Protection of Ancient Buildings |
| Looking at Buildings | Building Conservation |
| Funds for Historic Buildings | |
| Other organisations | |
| Victorian Society | Institute of Historic Building Conservation |
| Ancient Monuments Society | Council for British Archaeology |
| Twentieth Century Society | Georgian Group |
(The
photos used on this page are listed buildings in the district. They are, clockwise from top left: churchyard
cross in Great Bedwyn, 19 th century house in Aldbourne, timber frame thatched cottage in Bishops Cannings,
lock and road bridge in Wootton Rivers, milestone in Burbage and the
post office in Market Lavington). If you require further information please contact:
Planning
Services
Browfort Bath Road
DEVIZES
Wiltshire SN10 2AT
Tel: 01380 724911
e-mail: conserve@kennet.gov.uk
www.kennet.gov.uk
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Kennet District Council
Browfort
Bath Road
Devizes
Wiltshire
SN10 2AT.
01380 724911
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