An outline to Listed Building Consent

Listed building consent is a type of planning control, which protects buildings of special architectural or historical interest. These controls are in addition to any planning regulations which would normally apply. Listed building status can also result in the requirement for planning permission where it wouldn’t ordinarily be required – for example, the erection of means of enclosure.

The controls apply to any works for the demolition of a listed building, or for its alteration or extension, which is likely to affect its character as a building of special architectural or historical interest.

It is a criminal offence to carry out work which needs listed building consent without obtaining it beforehand.

It is important to note that the term ‘listed building’ includes the building itself, any object or structure fixed to it and any object or structure that has been within the curtilage of the building since 1948. 

  1. Planning permission (a full planning application or householder planning application) may also be required for works involving the external alteration/extension of the listed building,
  2. Where works may affect the character of the building,  listed building consent should be submitted, although if the householder considers that the changes are not likely to affect its character as a building of special architectural or historical interest, then contact with the local authority is advisable to determine whether a LBC application is required or whether a written waiver is possible.
    (Note: It is not possible to make an application for “outline” listed building consent as any application must give sufficient detail; including a plan and other drawings necessary, to allow the impact of the works on the building to be properly assessed.).

Listed building consent may be granted subject to conditions. This may be regarding:
i) The preservation of particular features of the building, either as part of it or after it is removed; 
ii) Making good of any damage caused to the building by the works after work is completed;
iii) Reconstruction of the building or any parts of it following the proposed works, using the original materials as far as possible, and any alterations within the building as laid down in the conditions

Demolition Listed Building Consent (LBCD) for demolition of a listed building may also be granted, subject to a condition that the building shall not be demolished before an agreement outlining how the site will be redeveloped is made, and planning permission has been granted for such a redevelopment, has been granted. This is useful where the owner of a listed building wants to develop a site but this will involve demolition of the listed building – and avoids the cost of plans for redevelopment and planning if the listed building cannot be demolished. Within an application for listed building consent, you will be required to provide a site plan, location plan, design and access statement and heritage assessment. With enough detail included to support your application and allow the local authority to fully understand and evaluate the proposal.

What happens if an owner did not get Listed Building Consent?
Then Retrospective consent  can be obtained. Listed building consent can be made after work to a listed building has taken place. However, work is only authorised from the actual date the consent is given, so anyone carrying out the demolition of a listed building, or altering or extending in a way which would affect its character prior to this can still be prosecuted.

What is a Design and access statement?
For some applications for listed building consent a Design and Access statement is required, allowing local planning authorities and other parties to understand the analysis and design of a proposal. Including the key architectural and historic features of the building and what justifies its designation as a listed building. Allowing for an understanding to be drawn of the key design principles and how they take the historic context into account, alongside the local plan policies.

What is a Heritage impact assessment?
The National Planning Policy Framework set out the need to provide the local authority with enough information to understand the impact of the proposal on any heritage asset which is affected. The heritage impact assessment does not replace a design and access statement, but it can be used to make up part of the statement. Prior to the submission of your application, you will be required to know:
(i) Details of listed building grading – if not known, this information can be found in the National Heritage List for England, which is available on Historic England’s website.
(ii) Detailed description of the proposed works (including existing and proposed materials and finishes) together with details of those part(s) of the building likely to be affected
(iii) A statement of the applicant’s interest (ownership, tenancy etc) in the listed building(s) and any interest of any other person

Note: It is often helpful to discuss your proposal with your local authority before you send in your application – this is known as ‘pre-application advice’. Your local authority will normally have details of how to go about this on its website.

Timeline:  Listed building consent should be granted within 8 weeks. This timelimit begins when the Local Planning Authority validates the application and includes a 21-day consultation period where neighbours and interested parties can comment on the proposal.

There is no fee for an application for listed building consent. If the application is combined with full or householder consent, then fees may be incurred from the other consent type.

What happens next?
Listed building consent applications may run alongside full or householder planning permission applications. If consent is granted for both applications or only listed building consent is required, then development can begin