Listed Buildings

Summary

 

A listed building is one that is included in the 'List of Buildings of Special Architectural or Historic Interest' compiled by the Secretary of State for Culture, Media and Sport.

Along with age and rarity the main 4 reasons for building listings are:

• Architectural Interest
• Historic Interest
• Close Historic Associations
• Group Value

Listed buildings are classified in Grades. Grade I buildings are those of exceptional interest, around 2% of the total; Grade II* are particularly important buildings of more than special interest, and around 4% of the total; and Grade II buildings, the remaining 94%, are of special interest, warranting every effort to preserve them.

If a building is listed it is protected internally and externally from alterations that affect its character. If a building is protected there is a presumption that it should remain and be maintained in its original state.

If a building falls into a state of disrepair the Council has powers to serve a repairs notice on the building's owner to carry out works. If this is not complied with, it could result in the compulsory acquisition of the building by the Council.

Applications for Listed Building Consent for works or alterations to a listed building are submitted to, and normally determined by, the Council. This is separate from planning permission, which will also be required for some alterations, extensions and changes of use affecting listed buildings.

Sometimes quite small changes can have damaging effects on sensitive buildings. This is why replacing wooden windows with plastic ones in listed houses for example is usually not acceptable.

 

 Guidance

Generally speaking listed Building Consent could be required to make any alterations which could affect the character of a listed building including:

• Demolition
• Removal of walls interior and exterior
• Changing windows or doors
• Re-roofing
• Painting the exterior
• Adding or removing fixtures
• Please contact Conservation officer on 01226 772576 for further information
• Associated application forms references

002  - 1 App Householder Planning Permission & Conservation Area Consent

007 - 1 App Planning permission & Conservation Area Consent for demolitian in a Conservation area

008 - 1 App Planning Permission & Listed Buildings consent for alterations, extensions or demolition of a listed building

010 - 1App Conservation area Consent for demolitian in a Conservation area.

011 - 1 app Listed Building Consent for alterations, extensions or demolition of a listed building.

• Please note no fee is payable for Listed Building Consent

Procedure - For suggesting a building for listing

Anyone can apply to have any building listed. Requests for a building to be spot listed can be made to English Heritage in the first instance, at any time although priority will be given to those buildings which are under threat. Requests should be sent to English Heritage, Heritage Protection Department, 1. Waterhouse Square, 138-142 Holburn, London EC1N 2ST. As well as your reasons for wanting the building listed, you should try to include:

• a location plan showing, wherever possible, the position of any other listed buildings nearby
• clear, up-to-date photographs of the main elevations of the building
• any information about the building, e.g. date
• details of specialised function (such as industrial use)
• historical associations
• the name of the architect
• the building's group value in the street scene
• details of any interior features of interest
• the daytime telephone number of the owner or his or her agent who may be able to give access to the building for an inspection

English Heritage will assess the merits of any building proposed for listing and will then issue a formal decision.

 Any proposals for works affecting a listed building should be discussed with the Conservation Officer, telephone, Barnsley (01226) 772561 or fax (01226) 772591 or 772576

 Funding /Fees

 Historic building grants are available from English Heritage, normally only for selected Grade I or II* Listed Buildings.Some Council's operate grant schemes in selected conservation areas, for limited periods, using English Heritage funding.

 

Opening Times are:

8.30 am - 5.00 pm Monday - Thursday

8.30 am - 4.30 pm Friday

 

Websites you make find useful

• Culture
• Society for the Protection of Ancient Buildings
• Victorian Society
• Georgian Group
• English Heritage

 

Normally the processing of planning applications takes 6-8 weeks. Some Listed Building Consent (LBC) applications require significant consultation and consideration and may take longer. Some LBC applications have to be referred to Government Regional Office for a decision.

Frequently Asked Questions

 

What is a listed building?
A building becomes "listed" at the moment when The Secretary of State for Culture, Media and Sport adds it to the Statutory List of Buildings of Special Architectural or Historic Interest. Listed Buildings are considered to be of special architectural or historic interest which warrant every effort being made to preserve them as significant elements of our culture and heritage.

Who else can list a building?
Nobody - but the Local Planning Authority can in exceptional circumstances serve a Building Preservation Notice on a building which it thinks is suitable for listing and at risk. The Notice has the effect of listing the building for up to six months during which time English Heritage must decide whether to add it to the statutory list. However, the process is rarely used, as a Planning Authority is liable to compensate an owner for any loss if the building does not become listed.

How do you know a building is listed?
Ask the Local Planning Authority. It has copies of the statutory lists which are available for public inspection. When a building is first added to the list its owner receives formal notification from the Local Planning Authority. This should be retained safely. A building's listed status would be revealed on a local authority search undertaken as part of the process of buying property.

What sort of buildings are listed?
A huge variety of buildings, structures, and objects are listed, ranging from churches, churchyard monuments and chapels; mills, bridges, aqueducts, water towers and lime kilns; barns, stables and granaries; follies and gazebos; milestones, signposts and letter boxes; and, of course, all manner of domestic buildings, from manor houses and halls to farmhouses, town houses, almshouses and cottages.

How does a building get to be considered for listing?
The Government has arranged inspections and re-appraisals of the statutory lists at intervals of 20-30 years. The parishes were reconsidered in the 1980's, some 30 years after the first lists were made. In the meantime anyone can ask the Secretary of State to "spot list" a building. (See above.)

Planning Policy Guidance Note 15 (PPG15): Planning and the Historic Environment, available from HMSO, is a mine of valuable information on historic buildings and areas, and their treatment.

Can you avoid a building being listed?
Yes. You can write to The Secretary of State for Culture, Media and Sport asking for a Certificate of Immunity from Listing for the particular building. The Secretary of State will take advice from English Heritage and either issue a certificate or list the building.

Can you appeal against the decision to list a building?
No. You can only appeal against a refusal to grant Listed Building Consent for works you wish to undertake to a Listed Building, including its demolition, or against conditions attached to a grant of consent.

Are buildings ever removed from the list?
Yes. Any building legally demolished will be removed from the statutory list. In addition, buildings such as those which have suffered serious loss of character through the cumulative effects of various consents may be removed from the lists during formal reviews or in response to formal requests from anyone to do so.

What does listing protect?
Protection is afforded to the whole "building" - interior and exterior. In this instance the term "building" includes not only the principal building but also any object or structure fixed to it at any time or which has been free-standing within its curtilage since before 1st July 1948. It includes outbuildings, extensions, walls and railings, as well as the main structure and all its interior fabric, spaces and fixtures such as doors, fireplaces, staircases and decorative plasterwork.

What is the purpose of the description of the building on the statutory list?
The description is provided principally to enable the building to be correctly identified from the address given. It is not intended to provide a comprehensive or exclusive record of all the features of importance. Early list descriptions were often very brief but newer ones tend to be more detailed, giving a brief record of the building at the time of the inspection.

What does 'curtilage' include?
There is not a good, straightforward answer to this question that will apply universally. In most urban situations curtilage may be easy to define as the land within very clear boundaries, probably the extent of the house and garden(s). Other situations, such as groups of farm buildings clustered around a listed farmhouse, may be more difficult to determine; but the curtilage may well be an area smaller than that enclosed by the farm's boundaries. There are a number of tests set by the Courts that Local Planning Authorities must apply when making judgements about the extent of curtilage in a given situation. If in doubt, please check with the Conservation Officer for your Council.

What protection does listing afford?
Any proposals that would affect the character or appearance of a listed building (including relevant structures within the curtilage) require Listed Building Consent before being carried out. This includes signs and even painting. It is a criminal offence to undertake such works without consent. Both the instigator and contractor commit an offence punishable by a fine of up to £20,000 and/or 6 months imprisonment. In a Crown Court, penalties are more severe. In addition, enforcement action, designed to remedy the damage or reinstate the building as it was, may be taken against the (current) owner of the building. Unlike ordinary planning issues, there is no four-year period after which unlawful works become unenforceable. Prosecution and enforcement are options available without a time limit. For this reason, when buying or selling a listed building it is important to establish that any works carried out to it have the benefit of Listed Building Consent or, alternatively, a letter attached to the deeds from the Local Planning Authority identifying the works and confirming that Listed Building Consent was not necessary.

How can I get advice about works to a listed building?
First Stop - consult the Local Planning Authority's Conservation Officer. Each proposal has to be considered in the context of the specific building as well as legislation and good practice. Different buildings may accommodate different degrees of change or different types of repair, but many will be sensitive to even small changes. The Conservation Officer will be able to advise you on the architectural aspects of the work, the applications that you should make and the need to seek advice from a professionally qualified agent, ideally a registered architect.

As my building is 'only' Grade II listed, surely it is only the outside that is protected?
No! There is a common misconception that listing covers only the outside of a building or, worse still, only the main fade. There is no such thing as a partially listed building. The whole structure is covered by listing, inside and out, from the basement to the chimney pots. This applies whatever the grade of listing.

What is covered by the listing - is this set out in the list description?
To repeat, the whole of the building is listed. This includes 'objects and structures' fixed to the buildings such as clocks or internal items such as panelling. The courts have even held that sculptures or painting can be part of a listed building if they were fixed there as part of the design. The listing description is not a definitive list of important features. It is merely there to aid identification.

How far does the listing extend?
The listing extends beyond the walls of the building to include all the structures in its curtilage (loosely its immediate surroundings) provided they were built before 1948, are ancillary to the main building and have not been at a separate address since the date of listing. The extent of listing is a complex matter and if in doubt you should consult the Council. Much is open to interpretation and, ultimately, curtilage is a matter for the courts.

Doesn't listing mean that I can't make any changes?
No. Listing simply means that changes to a building are subject to control through the planning system. The Council, as planning authority, will give approval for works only if it is satisfied that these are compatible with the special interest of the building. Others may be involved in this decision, including English Heritage and the Government Regional Office (ODPM) on applications for demolition or those involving grade I and II* buildings. It is up to the applicant to make the case for the proposed changes in a justification submitted as part of the application for listed building consent.

Do I need permission for repairs, or new windows?
Listed Building Consent is not required for like-for-like repairs or replacements in identical style and materials. Other changes will probably require permission and you should consult the Council's Conservation Officer for guidance.

Can I get a grant for repairs?
There is no general grant for repairs to listed buildings. English Heritage will often grant aid work to grade I and II* buildings. Occasionally grant schemes are run locally in selected conservation areas. Contact the Conservation Officer for further information.

Can I make changes to provide access for disabled people?
Yes, but it must be done in such a way that the works do no harm to the character of the building. Please contact the Conservation Officer.

 

 

 

 

Last modified on 10/10/2008