Consent types

Application for Listed Building Consent for Alterations, Extension or Demolition of a Listed Building

Planning (Listed Building and Conservation Areas) Act 1990¹

An application for listed building consent should be submitted for all applications requiring alteration, extension, or demolition to a listed building.

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.

What is a listed building?

A 'listed building' is a building, object or structure that has been judged to be of national importance in terms of architectural or historic interest and included on a special register, called the List of Buildings of Special Architectural or Historic Interest.

Buildings are listed to help protect the physical evidence of our past, including buildings, which are valued and protected as a central part of our cultural heritage and our sense of identity. Historic buildings also add to the quality of our lives, being an important aspect of the character and appearance of our towns, villages, and countryside.

What part of the building is listed?

It is important to note that the term ‘listed building’ includes:

• The building itself
• Any object or structure fixed to it
• Any object or structure that has been within the curtilage of the building since 1948

Planning permission may also be required for works involving the external alteration/extension of the listed building, where works affect the character of the building. In this situation, a full planning application² or householder planning application³ and listed building consent should be submitted.

Please note: It is not possible to make an application for “outline” listed building consent. 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:

• The preservation of particular features of the building, either as part of it or after it is removed
• Making good of any damage caused to the building by the works after work is completed
• 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

Listed building consent 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.

Retrospective consent: 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 are the criteria for a building having listed status?

The Department of Digital, Culture, Media and Sport uses the following criteria to decide which buildings to include on the list of protected buildings:

• Architectural interest: buildings of importance because of their design, decoration and craftsmanship
• Historic interest: buildings which illustrate an aspect of the nation's social, economic, cultural or military history
• Historic association: buildings that demonstrate close historical association with nationally important people or events
• Group value: buildings that form part of an architectural ensemble, such as squares, terraces or model villages

In broad terms, buildings that are eligible for listed status are as follows:

• All buildings built before 1700 that survive in anything like their original condition
• Most buildings of 1700-1840, although selection is necessary
• Between 1840 and 1914 only buildings of definite quality and character; the selection is designed to include the major works of principal architects
• Between 1914 and 1939 selected buildings of high quality or historic interest
• A limited number of outstanding buildings after 1939, but at least ten years old, and usually more than 30 years old

Grades of listed buildings

Listed buildings are classified into grades as follows:

• Grade I - buildings of exceptional interest
• Grade II* - particularly important and more than special interest
• Grade II - buildings of special interest, warranting every effort being made to preserve them (this is the most common)

Ecclesiastical exemption

Some buildings are exempt from applying for listed building consent as they have their own procedures. This applies to church buildings and structures within their curtilage, which primary use is for worship.

Historic England provide detailed information on the ecclesiastical exemption and the specific groups it applies to.⁴

Information required

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.

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.

Heritage impact assessments

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:

• 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 website⁵
• 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
• A statement of the applicant's interest (ownership, tenancy etc) in the listed building(s) and any interest of any other person

You will need to check whether your building is exempt from Listed Building Consent or requires any alternative consents such as Ecclesiastical Exemptions. More information around Ecclesiastical Exemption is available through Historic England.⁶

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 begins when the Local Planning Authority validates the application. This includes a 21-day consultation period where neighbours and interested parties can comment on the proposal.

Fees

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.

Useful resources

Historic environment - GOV.UK (www.gov.uk)⁷

The Planning System | Historic England⁸

Historic England scenario specific advice⁹

1. https://www.legislation.gov.uk/ukpga/1990/9/contents
2. https://www.planningportal.co.uk/planning/planning-applications/consent-types/full-planning-consent
3. https://www.planningportal.co.uk/planning/planning-applications/consent-types/householder-planning-consent
4. https://historicengland.org.uk/advice/planning/consents/ecc-exemption/
5. https://www.historicengland.org.uk/listing/the-list
6. https://historicengland.org.uk/listing/the-list
7. https://www.gov.uk/guidance/conserving-and-enhancing-the-historic-environment
8. https://historicengland.org.uk/advice/planning/planning-system/
9. https://historicengland.org.uk/images-books/publications/listed-building-consent-advice-note-16/