Historic buildings legislation Flashcards
Conservation
Process of managing change to a significant place in its setting.
Heritage assets
Places of special architectural or historic interest.
Heritage assets include:
Listed buildings
Scheduled monuments
Registered parks and gardens
Registered battlefields
Protected wreck sites
Conservation Areas and Locally Listed Buildings
Heritage assets covered by:
Planning (Listed Buildings and Conservation Areas) Act 1990
Ancient Monuments and Archaeological Areas Act 1973
Protection of Wrecks Act 1973
Protection of Military Remains Act 1986
The Historic Buildings and Ancient Monuments Act 1953
Designation
Listing of heritage assets
Historic England are
Govt’s statutory advisor and statutory consultee in England.
Historic England do
Gives grants for conservation
Keeps a document collection
Maintains the National Heritage List for England (the list of Listed Buildings)
Advises LPAs and National Planning organisations
Helped draft Planning Policy Statement for the Historic Environment (PPS5)
Owns the National Heritage Collection (historic buildings in public care)
English Heritage Trust
Charitable trust licensed to run the National Heritage Collection.
Listed building
Building which is included the statutory listed building list.
Including any object or structure fixed to the building or within the curtilage of the building.
Can be structures of special architectural merit or historic importance, e.g. railings or phone boxes.
Listed Building Consent
Required for demolition, partial demolition, alteration or extension of a Listed Building in a way which will affect its character as a building of architectural or special interest.
Separate from Planning Permission.
8 weeks to process.
Consent is limited to 5 years from date when consent is granted or another period that the authority deems appropriate.
Certificate of Immunity from Listing
Guarantees the building won’t be listed for the next 5 years or served with a Building Preservation Order.
Developers might want this to secure the viability of a site/gain investment.
Heritage England investigates. Department for Culture, Media and Sport decides.
Repairs Notice
Identifies necessary work to a listed building.
No right of appeal.
No consideration of owner’s financial means.
Compulsory Purchase Order (CPO) to:
Enable acquiring authorities to purchase land to carry out a function which is considered to be in the public interest.
e.g. constructing new road or rail infrastructure.
Compulsory Purchase Order (CPO) Procedure for Preservation
- Owner can be served a Compulsory Purchase Order after a minimum of 2 months
- The CPO is advertised locally and there are 21 days for objections to be made.
- Owners has 28 days to appeal to the Magistrates Court to stop proceedings.
He/she needs to demonstrate reasonable steps have been taken to preserve the building. - CPO – confirmed by Secretary of State
- Compensation paid to owner.
Listed Building Enforcement Notice.
Issued when work has been carried out without consent and it has affected its character.
Remediation of unauthorised works – e.g. restore building to its former state, alleviate effects of the works, or bring it to a state to follow the terms of a Listed Building Consent.
Building Preservation Notice
Temporary listing served by district planning authorities, national park authorities and Historic England (buildings within London).
Measure to save a building that is in danger of demolition or alteration.
Lasts 6 months
Urgent Works Notices
Diff. from a Repairs Notice.
7 days written notice in advance to the owner.
LA goes in to do the Urgent Work and then claim back from the owner
Ecclesiastical Exemption
5 Denominations of Churches exempt from some provisions of the Planning Acts, including Listed Building Consent
World Heritage Sites
No additional statutory controls for a World Heritage Site.
Protection is afforded via the standard planning system or Listing buildings.
Special considerations will apply to new buildings within the zone.
Tree Preservation Orders (TPOs)
Prohibits damage of trees without consent.
Made if the tree(s) is/are in the interest of public amenity to be preserved.
Defines the number, species and positions of the trees.
Tree Preservation Orders (TPOs) Procedure
App takes 8 weeks.
Full Planning permission overrides the need to make a separate application for a TPO.
Historic environment bodies across the UK
Historic England
Historic Scotland
CADW (Welsh)
Northern Ireland Environment Agency
Purpose of historic building legislation
To preserve England’s cultural heritage and sense of identity, & recognise opportunities to reveal or reinforce those values for present and future generations.
Process to adding a building to Listed Buildings List
- Heritage England recommends that a building should be included on the statutory list by compiling evidence based on Aesthetic merits.
- Department for Culture, Media and Sport then receives the recommendation (accepts or rejects it) .
- Forwarded to the Local Planning Authority who contact the owner and occupier.
- If a building is not deemed important enough, it may be included on a Local List.
English Heritage Grade I
exceptional interest, even internationally important
English Heritage Grade II*
particularly important buildings of more than special interest
English Heritage Grade II
buildings are nationally important and of special interest
English Heritage Grade ‘Locally Listed’
Buildings of local interest.
These do not afford legal protection, but earmarks the building as important.
This will probably be a material consideration in planning terms.
Scottish Heritage Grade A
National or internationally important
Scottish Heritage Grade B
Regionally important
Scottish Heritage Grade C
Buildings of local importance
Heritage legislation
- Planning (Listed Buildings and Conservation Areas) Act 1990, Amendments 2012 and 2013
- National Planning Policy Framework 2012 Section 12: Conserving and Enhancing the Historic Environment
- Planning Policy Statement 5: Planning for the Historic Environment
- Ecclesiastical Exemption (Listed Buildings and Conservation Areas) 2010
- Care of Churches and Ecclesiastical Jurisdiction Measure 1991
- Enterprise and Regulatory Reform Act 2013
Enterprise and Regulatory Reform Act 2013
Offers a series of “red-tape cutting” exercises relating to historic buildings.
- LPA and the owner of the Listed Building(s) can agree routine and regular work that (if done correctly) will not harm the building’s special interest.
- Listed Building Consent Order
Listed Building Consent Order
Covers work that might need several Listed Building Consents.
Allows the Secretary of State to grant Listed Building Consent for alteration or extension.
Non-compliance with listed building legislation results in:
Immediate criminal liability
Max £20k fine. Up to 2 years in prison. Or both.
