BCD 2018

PROFESSIONAL SERVICES 1 37 C AT H E D R A L COMMU N C I AT I O N S C E L E B R AT I N G T W E N T Y F I V E Y E A R S O F T H E B U I L D I N G CO N S E R VAT I O N D I R E C TO R Y 1 9 9 3 – 2 0 1 8 LEGISLATION AND GUIDANCE Listed buildings are graded according to a variety of factors such as significance, rarity and completeness, with Grade I or (in Scotland) category A being the most important. While the degree of alteration permissible may vary with grade/category and the significance of the fabric affected, all listed buildings are equally protected in law, inside and out. All three planning acts listed in the table above state that consent (often referred to as listed building consent) is required for ‘any works for the demolition of a listed building or for its alteration or extension in any manner which would affect its character as a building of special architectural or historic interest’ (England and Wales, 1990 Act Section 7; Scotland, 2011 Act Article 85; NI, 1997 Act Section 6 – the wording is identical in each). Repairs may also require consent as even like-for-like repairs often effect a degree of alteration. The criterion for approval is ‘the desirability of preserving the building or its setting or any features of special architectural or historic interest which it possesses’ (Sections 16 and 14 respectively and Article 85). Unlisted buildings in conservation areas are protected, but to a lesser extent. All three acts state that a building in a conservation area ‘shall not be demolished’ without the consent of the appropriate authority (conservation area consent), and that when considering a proposal the local authority must take into account ‘the desirability of preserving or enhancing the character or appearance’ of the conservation area. Article 4 directions may be introduced in a conservation area to restrict ‘permitted development rights’ for certain specific alterations. The effect is that certain specified changes (window alterations for example) which would otherwise be permitted by right will require planning permission where visible from the street or other public areas. In England alterations to primary legislation introduced under the Enterprise and Regulatory Reform Act 2013 mean that planning permission is now required for the demolition of an unlisted building in a conservation area. (In all other home nations the permission required is ‘conservation area consent’.) In Northern Ireland urban areas which exhibit ‘distinct character and intrinsic qualities, often based on their historic built form or layout’, may be designated as areas of townscape character (ATCs). Planning permission is required for the demolition of unlisted buildings in an ATC, and proposals for development are required to ‘respect the appearance and qualities of each townscape area and maintain or enhance their distinctive character’. Scheduled monuments are protected in England, Scotland and Wales under the Ancient Monuments and Archaeological Areas Act 1979 and in Northern Ireland under the Historic Monuments and Archaeological Objects (Northern Ireland) Order 1995 . Both acts prohibit all kinds of work to a protected monument unless consent has been granted by the relevant authority (in this case scheduled monument consent). This includes works of demolition or destruction, damage, removal, repairs, flooding and tipping (Section 4 and Article 4 respectively). The use of metal detectors on land relating to a scheduled monument in Britain is also prohibited without written consent of the relevant authority (Section 42), while in Northern Ireland the restriction extends to excavating any land in search of archaeological objects or artefacts of archaeological interest without a licence (Section 41). ECCLESIASTICAL EXEMPTION Most ecclesiastical buildings which are listed and in use as a place of worship are exempt from usual LBC requirements under the ecclesiastical exemption. However, the exemption only applies while the building remains in use as a place of worship: demolition therefore falls under secular listed building control because the building cannot be in use at the point of demolition. Further Information C Mynors, Changing Churches: a practical guide to the faculty system , Bloomsbury, London 2016 C Mynors, Listed Buildings and Other Heritage Assets (5th edition), Sweet & Maxwell, London, 2017 DESIGNATION WORKS REQUIRING CONSENT CONSENT REQUIRED Scheduled monument All works including demolition, destruction, damage, removal, repairs, alterations, additions etc Scheduled monument consent Listed building All demolition work and alterations which affect its character as a listed building – this includes works to the interior, objects and structures fixed to the building, and objects and structures within its curtilage built before 1948 or, in Northern Ireland, 1973, unless specifically excluded from protection. Listed building consent Unlisted building in a conservation area Demolition work – generally ‘substantial’, not partial demolition Conservation area consent: planning permission in England Some external alterations to houses, which elsewhere would be permitted by right, may require consent under an Article 4 direction Planning permission Others Planning permission may also be required for: • development affecting the exterior of a heritage asset in England • demolition work affecting an unlisted building in a designated Area of Townscape/Village Character in Northern Ireland GRADE/CATEGORIES (AND PROPORTION IN EACH) England Grade I (2.5%) Grade II* (5.5%) Grade II (92%) Northern Ireland Grade A (2.5%) Grade B+ (6.5%) Grades B, B1 and B2 (91%) Scotland Category A (8%) Category B (50%) Category C (42%) Wales Grade I (2%) Grade II* (6%) Grade II (92%) PRIMARY LEGISLATION AND PRINCIPAL MODIFICATIONS GOVERNMENT POLICY AND GUIDANCE ENGLAND ◾ Planning (Listed Buildings and Conservation Areas) Act 1990 ◾ The National Planning Policy Framework ◾ Planning Practice Guidance; Conserving and Enhancing the Historic Environment NORTHERN IRELAND ◾ Planning Act (Northern Ireland) 2011 ◾ The Planning (Listed Buildings) Regulations (Northern Ireland) 2015 ◾ The Strategic Planning Policy Statement (SPPS) (2015) ◾ Planning Policy Statement 6 (PPS6): Planning, Archaeology and the Built Heritage (1999) SCOTLAND ◾ Planning (ListedBuildingsand ConservationAreas) (Scotland)Act1997 ◾ Historic Environment Scotland Act 2014 ◾ Planning (Listed Building Consent and Conservation Area Consent Procedure) (Scotland) Regulations 2015 ◾ Historic Environment Scotland Policy Statement (2016) ◾ Historic Environment Circular 1 ◾ Guidance notes in the Managing Change in the Historic Environment series WALES ◾ Planning (Listed Buildings and Conservation Areas) Act 1990 ◾ Ancient Monuments and Archaeological Areas Act 1979 ◾ The Historic Environment (Wales) Act 2016 and associated regulations ◾ Planning Policy Wales ◾ Government Circulars 61/96, 60/96 and 1/98 ◾ Technical Advice Notes Minimal intervention by the National Trust to restore the worn nosings of steps at Powis Castle – a simple example of managing change sympathetically, retaining as much of the original fabric as possible

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