Heritage Protection in the UK
The Key Facts
Although the introduction of the NPPF in England and SHEP in Scotland have rather muddied the waters with overarching concepts such as ‘heritage assets’ and ‘significance’, the underlying systems of protection remain essentially the same throughout the UK. Scheduled monuments and buildings which are listed or in conservation areas are protected by law, and it is a criminal offence to carry out certain works to them without the necessary consent. Other types of designations, such as registered parks and gardens, carry no additional protection, although applications for planning permission may need to take their significance into account.
DESIGNATION |
DISTRIBUTION |
|||
England |
NI |
Scotland |
Wales |
|
Scheduled monuments |
19,730 |
1,860 |
8,150 |
4,110 |
Listed buildings |
374,300 |
8,520 |
47,500 |
29,900 |
Conservation areas |
9,800 |
60 |
640 |
520 |
World heritage sites |
18 |
1 |
5 |
3 |
Historic parks and gardens |
1,600 |
150 |
390 |
430 |
The principal types of designation likely to affect historic buildings in the UK are shown in the table above, and the consents required are shown in the two tables at the bottom of this page.
LISTED BUILDINGS
Government and assembly government ministers are responsible for maintaining lists of buildings that are considered to be of sufficiently special architectural or historic interest to merit protection. Currently there are almost 460,000 entries in total, although as one list entry can include a terrace of houses, many more buildings are listed than this figure suggests. Entries are graded according to their significance: these are grades I, II* and II in England and Wales, grades A, B+ and B in Northern Ireland (excluding non-statutory grades), and categories A, B, and C in Scotland. However, it is important to understand that the statutory controls apply equally to all listed buildings, to their interiors as well as their facades, and to most older structures within their grounds or ‘curtilage’, irrespective of the grade of listing.
In brief, listed building consent is required for any alteration to a listed building which affects its ‘character as a building of special architectural or historic interest’. Repairs which entail some element of alteration, such as stone cleaning, or replacing the roof tiles or slates, often also need listed building consent. Applications in England, Scotland and Wales are made to the local authority. In Northern Ireland they are made to the divisional office of the Planning Service.
Ecclesiastical exemption: alterations to churches and other places of worship fall outside this system as most denominations enjoy ‘ecclesiastical exemption’, and have internal systems of control for approving alterations. Demolition still requires secular listed building consent as, in effect, the church is no longer in use at the point of demolition.
CONSERVATION AREAS
Local authorities are responsible for designating conservation areas and for developing policies to protect their character. Within them, conservation area consent is required for the substantial demolition of any unlisted building. Further control over alterations which affect the character of the area are exercised through the need for planning permission. However, owners of houses (technically, ‘single family dwellings’) enjoy certain ‘permitted development’ rights which allow them to make many alterations without the need for a planning application. It is these rights that are suspended where the local authority introduces an ‘Article 4’ direction, enabling the control over, for example, the replacement of windows and roof coverings, and many other superficial alterations that have destroyed the character of so many areas.
SCHEDULED MONUMENTS
Buildings which are or could be habitable are generally listed rather than scheduled. However, the schedules, which are maintained by central and assembly governments, include standing ruins, which are often associated with listed buildings. Protection prevents almost all interventions without scheduled monument consent. Where a building is both listed and scheduled, it is the requirements of scheduling that take precedence, and only an application for scheduled monument consent is required. Further information, including links to the relevant legislation, can be found on the websites of the four statutory bodies: Cadw (the Welsh word means to keep, save or guard), English Heritage, Northern Ireland’s Environment Agency, and Historic Scotland.
| SPECIAL CONSENTS | ||
| Scheduled monuments | Scheduled monument consent |
for all works including demolition, alterations and repairs |
| Listed buildings | Listed building consent | for all demolition work and all alterations which affect its character as a listed building |
| Conservation areas | Conservation area consent | for demolition of any building in a conservation area |
| Planning permission | for certain external alterations to houses where covered by an article 4 direction | |
| Other designations | No special consents required | |
