The Government recently announced plans to introduce a Heritage Protection Bill to “create a more open, accountable and transparent heritage protection system and to safeguard the cultural property of the United Kingdom…”.
Currently, buildings and other structures of special architectural, historical or cultural significance are protected by means of a listing system. The list is compiled by the Secretary of State for the Department for Culture, Media and Sport on advice from English Heritage. Listed buildings are graded, based on importance:
• Grade I buildings are those of exceptional interest.
• Grade II* buildings are particularly important buildings of more than special interest.
• Grade II buildings are of special interest, warranting every effort to preserve them.
There are approximately 400,000 listed buildings in England, many of which are residential dwellings. Owners of listed buildings have an important responsibility to ensure that the property’s character is preserved.
To demolish a listed building or any part of it or to alter it, to the extent that it would affect the building’s character, requires listed building consent from the Local Planning Authority, in addition to any planning consent that any be required. Minor repairs which might involve replacing like with like do not need such consent but it is always advisable to seek advice from the Local Planning Authority before such repairs are carried out.
Most listed building applications are dealt with by the Local Planning Authority but the most significant cases are referred to English Heritage and, sometimes, to the Secretary of State.
To carry out alterations to a listed building without consent is a criminal offence punishable by a fine or even a prison sentence. The Local Planning Authority can also require that the listed building be reinstated to its original condition before the works were carried out.
However, it is often thought that the listed buildings process is mired in bureaucracy and hard to understand. The Heritage Protection Bill will seek to streamline the process in the following ways:
• Transferring the responsibility of listing buildings from the Department of Culture, Media and Sport to English Heritage.
• Opening up the system and consulting with owners of buildings which are being considered for listing, giving such owners new rights to appeal against a decision made by English Heritage.
• Creating one system for the national registration of all historic sites and listed buildings.
• Streamlining the process of obtaining consent to carry works out on an historic site or a listed building. A single “Historic Asset Consent” will replace the separate listed building consents and schedule monument consents and will be administered by the Local Planning Authority.
• Streamlining the process for works carried out to complex historic and listed building sites.
In essence, the Bill proposes to make the listed building process more open and accountable and provide owners of listed buildings, along with members of the general public, an opportunity to become involved. The Bill has been published in draft form for pre legislative scrutiny but, as is invariably the case, the devil will be in the detail.
Arwel I Lewis
Head of Residential Property and Estates
For further information or advice please contact any of our Property Team members:
Disclaimer
The information contained in this e-mail is necessarily of a general nature. Specific advice should always be sought for specific situations
