Frequently Asked Questions
Why is my property listed?
Properties started to be listed at the beginning of the 20th Century as a way of preserving them for future generations. Without this protection, many buildings that we value today would have been lost, with all of their history and beauty with them. If your property has been listed then it has something special about it that Historic England believes is worth conserving. It does not mean that it should be preserved in aspic, but that it should be carefully looked after so that its special qualities are not lost.
Can I delist my property?
An application to delist a property can be made if proof can be provided that the building is not of special historical or architectural interest. However, delisting is very rare as the building would have been listed in the first place according to the criteria as set out by Historic England. A building will continue to be listed even if it is in serious disrepair or fire damaged.
What does significance mean?
The NPPF (National Planning Policy Framework) defines significance as ‘the value of a heritage asset to this and future generations because of its heritage interest.’ Such interest may be ‘archaeological, architectural, artistic or historic’ and may derive ‘not only from a heritage asset’s physical presence but also from its setting.’
Significance is what conservation sustains, and where appropriate enhances, in managing change to heritage assets.
Why do I need a heritage statement?
The NPPF requires planning applications relating to heritage assets to ‘describe the significance of the heritage assets and their setting’ to aid Local Planning Authorities with their determination of applications. It does not prescribe how this analysis should take place but it is common practice now that Heritage Statements or Assessments are the best way of adhering to this requirement.
Can’t my planning consultant write my heritage statement?
There are no rules as to who can write a heritage statement, and simple changes to a heritage property can indeed be assessed by yourself or a planning consultant, but where the significance is not obvious, Historic England recommends that appropriate expertise would need to be used, with analysis undertaken by a suitably qualified specialist. By addressing the significance of your property and the impacts of your proposals upon that significance at an early stage, an applicant ‘may assist a positive assessment of impact by the LPA, thus leading to better outcomes for applicants, reducing abortive work and delays.’ (Historic England Advice Note 12)
Do I need listed building consent to make internal alterations?
It is a common misconception that Grade II listed properties do not need Listed Building Consent to undertake internal alterations. In fact, all aspects of the property and its setting, and those buildings within the curtilage of the building are listed, and so consent is required for ANYTHING that affects the historical significance of the property. For example, replacing a modern bathroom or kitchen would probably not need consent, but demolishing or erecting an internal wall almost definitely will.
The LPA has refused my planning application. What can I do now?
There are many reasons for an application to be refused and often meeting with the Conservation Officer and LPA can highlight what the problems with the previous application were. Listed Property Solutions are happy to assess why your planning application was refused, meet with the planning officials and then submit a new application once all the concerns have been addressed so that a better outcome can be achieved.
I have received an enforcement notice. Can you help?
Yes. An enforcement notice will have been served if the LPA believe that work has been carried out without permission. Proof must be provided by the council that a change has taken place. Listed Property Solutions can front a meeting with the LPA to help both parties find a resolution that will allow you to continue with your plans whilst conserving your property.
Do I need planning permission in a conservation area?
Properties in conservation areas come under the normal planning system although section 72 of the Planning (Listed Buildings and Conservation Areas) Act 1990 states that ‘special attention shall be paid to the desirability of preserving or enhancing the character or appearance of that area’. However, if the LPA has imposed an Article 4 direction on you property or the Conservation Area, then a planning application may be required for a development that would otherwise have been permitted development. Contact Listed Property Solutions to ascertain whether your proposed works need planning permission.
What is an Article 4 Direction?
An Article 4 Direction is made by The Local Planning Authority. It restricts the scope of permitted development rights either in relation to a particular area or site.
What are Permitted Development Rights?
Permitted development is described in detail under schedule 2 of The Town and Country (General Permitted Development) Order 1995. Generally they relate to small improvements or alterations to dwelling houses that are not subject to any other restrictions.
What does NPPF stand for?
The National Planning Policy Framework. It is a document that sets out the government’s planning policies for England and it supersedes all other planning guidance.