Changes to the law on listed buildings

On 6 April, new measures were introduced to govern how planning for listed buildings is obtained and implemented.

The changes are designed to reduce the number of applications made to a local planning authority for listed building consent and to make the process simpler.

Set out below are a summary of the key changes:

1. Heritage Planning Agreement (HPA)

Under the new provisions, a local planning authority will be able to enter into an agreement with the owner of a listed building to grant consent to a variety of works to that individual building. This allows the local planning authority and the owner to agree what works can be carried out and will allow the owner to manage the building.

The agreement will specify what works are covered by the consent and any relevant conditions that need to be complied with. The agreement will be time limited having regard to the nature of the building and the conservation needs of the local area and will usually include provisions relating to reviews and modifications.

The agreement only relates to listed building consent and so does not cover any other consents or permissions that an owner would usually need to obtain, for example, planning permission. The agreement also does not cover demolition work which will need to be obtained separately.

2. Local Listed Building Consent Orders (LLBCO))

A LLBCO will give local planning authorities the ability to grant orders consenting to alterations or extensions to a specific type of listed building or to a group of listed buildings in a particular defined area. The order will specify any conditions which need to be complied with relating to all buildings in the defined area. Again, the consent granted will not cover demolition work.

An owner of a listed building covered by the order will not need to apply for listed building consent if the proposed works fall within the specifications of the LLBCO.

3. Certificate of Lawfulness

An owner will be able to apply to the local planning authority for confirmation that their proposed works to their listed building do not need listed building consent because they do not affect the character of the building. This will allow an owner to obtain clarity before starting the consent process.

Before entering into an HPA or LLBCO the local planning authority will consult with English Heritage and other interested parties over the proposals.

SK Comment

The rationale for introducing these measures is to allow a local planning authority to grant consent to works which previously required the owner to submit multiple applications. The aim is to make the process more streamlined and should therefore save applicants time and money.

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