Question : What work can I do to a listed
building?
Answer : Normal regular maintenance which does
not affect the character of a listed building can be carried out
without needing listed building consent. Consent is not
normally required for repairs but, where repairs involve
alterations which would affect the character of the listed
building, consent would be required. Whether repairs
constitute alterations which require consent is a matter which must
be determined by the Council in each case. Work which
requires the subdivision of existing spaces, the moving of walls,
doors, windows or elements of structure or the removal of existing
features or finishes will require consent. On the other hand,
repainting or redecoration of existing authorised painted surfaces
and the replacement of existing authorised bathroom or kitchen
units would not normally require consent. Small-scale repairs
of woodwork involving the piecing in of timber to match existing
rotten timber are also an example of works which would also not
normally require consent.As the areas of work which can be carried
out without consent are limited and must be considered on the
merits of each particular case, it is strongly advised that you
contact the duty Conservation Officer in the
Historic Environment Team if you are in any doubt as to
whether you require listed building consent for proposed works.
Question : Can I carry out emergency work to a
listed building?
Answer : Emergency work can only be carried out
to a listed building if you can subsequently prove all of the
following :-
- that the works were urgently necessary in the interests of
safety or health or for the preservation of the building;
- that it was not practicable to secure safety or health or, as
the case may be, the preservation of the building by works of
repair or works for affording temporary support or shelter;
- that the works carried out were the minimum measures
immediately necessary; and
- that notice in writing justifying in detail the carrying out of
the works was given to the Council as soon as reasonably
practical.
Question : What is the difference between
listed building consent, conservation area consent and planning
permission?
Answer : Listed building consent is required
for works which affect listed buildings. Conservation area
consent is required for works which affect unlisted buildings
located within conservation areas. It is not possible for the same
piece of work to require both consents although a total scheme may
involve some work which needs listed building consent and other
work which requires conservation area consent. Both consents
are aimed at protecting the special architectural and historic
interest of buildings and areas. Applications for listed
building consent or conservation area consent ensure that special
consideration is given to the effect of proposed works on the
architectural or historic interest of a building or area in
isolation from the many other considerations which must be
considered in the determination of applications for planning
permission. To ensure that proper consideration is given to
these special buildings or areas, the Council is required to notify
or consult the public, English Heritage and/or prescribed national
conservation bodies in appropriate circumstances and to take their
views into account when determining applications.Planning
permission is required to ensure that any proposed development or
change of use takes place in accordance with national and local
planning policies and with the knowledge of the views of relevant
people or organisations. In determining applications for planning
permission, a greater number of issues must be considered.
Where works affect listed buildings or conservation areas, the
consideration of applications for planning permission must give
special consideration to the effect of the works on listed
buildings and conservation areas. As the criteria for
determination are different, proposed works often need both
planning permission and listed building consent or conservation
area consent.
Question : Can a planning permission also grant
listed building consent?
Answer : No. Since 13 November 1980, it
has been necessary to submit separate applications for planning
permission and listed building consent (as appropriate) for any
proposed works. Works often require both listed building
consent and planning permission.Between 1 January 1969 and 12
November 1980 it was possible, under Section 56(2) of the Town and
Country Planning Act 1971, for a planning permission to act as a
listed building consent. It should be noted, however, that
Section 56(2) could only apply if the works were for alteration or
extension of a listed building (i.e. that there were no works of
demolition) and the planning permission or any condition subject to
which it was granted was so framed as to specifically grant listed
building consent and specify the works for which consent was
granted.In the absence of a specific listed building consent, any
works carried out in accordance with a planning permission granted
between 1 January 1969 and 12 November 1980 which does not have
wording in accordance with Section 56(2) will not have listed
building consent. Any person responsible for the carrying out
of the unauthorised works would have committed an offence and would
be liable to both legal action for the offence and listed building
enforcement action.
Question : Should I discuss my proposals with
the Historic Environment Team before submitting an application
for Listed Building Consent?
Answer : The Council processes about 500
applications for listed building consent and conservation area
consent each year and approves most of them. Advice to owners
or developers and their professional agents is an important part of
the listed building application process and the Council's
Conservation Officers are available to discuss your proposal before
you submit your application.
Question : How do I apply for listed building
consent or conservation area consent?
Answer : Applications submitted to Bath &
North East Somerset Council must be supplied on the Council's own
application forms. Before filling in the forms, please read
the Council's Notes for Applicants. Downloadable application
forms can be found on this website. Online submissions can also be
made. It is most important that you supply adequate detail
with your application. In dealing with your application,
Officers must be able to assess clearly the character, history and
relative importance of the existing building and the precise
details of your proposals to enable the effect of the proposed
works to be appreciated fully.
Question : What penalties apply if works are
started without a necessary listed building consent?
Answer : Any works carried out without a
necessary listed building consent will immediately constitute a
criminal offence. Legal action can be taken against anybody
who was responsible for the unauthorised works (this includes the
owner, professional agent and contractor/s). If convicted for
an offence, significant fines or even imprisonment could
result. In addition to legal action for the offence, the
Council can also take listed building enforcement action to ensure
that works are carried out to restore the building to its former
state or otherwise alleviate the effect of the unauthorised
works.
Question : How am I affected if I purchase a
listed building which has had unauthorised works carried out on
it?
Answer : If you buy a property with
unauthorised works, you become liable for any listed building
enforcement action in connection with the unauthorised works.
Question: How do I appeal against a refusal of
Listed Building Consent or Conservation Area Consent ?
Answer: If you need to appeal against such a
decision, then you should contact the Planning Inspectorate at the
address below.
The Planning Inspectorate,Temple Quay House, 2 The
Square, Temple Quay, Bristol BS1 6PN
Tel: 0117 372 6372
