Protection of Buildings of Special Architectural or Historic Interest - Trust Annual Report 1974
Listed Building Consent
The fact that a building is listed as of special architectural or historic interest does not mean that it will be preserved intact in all circumstances, but it does mean that demolition must not be allowed unless the case for it has been fully examined, and that alterations must preserve the character of the building as far as possible. Anyone who wants to demolish a listed building, or to alter one in any way that affects its character, must obtain "listed building consent" from the local planning authority (the county or county borough or London borough council), or the Secretary of State. The procedure is similar to that for obtaining planning permission. (Details can be obtained from the Planning Department of any county, county borough, or London borough council).
It is an offence to demolish or alter a listed building without listed building consent and the penalty can be a fine of unlimited amount or up to twelve months' imprisonment, or both.
Listed Building Consent and Planning Permission
There are two special points about listed building consent and its relation to planning permission. If you want to redevelop a site on which a listed building stands, you will need both listed building consent for the demolition, and planning permission for the new building. Planning permission alone is not sufficient to authorize the demolition. But if you want to alter a listed building in a way which would affect its character, and your proposed alteration amounts to development for which specific planning permission is required (as distinct from a general permission given by the General Development Order), you will only need the express authorization of planning permission, which, in this case only, also counts as listed building consent.
Appeals
If your application for listed building consent is refused by the local planning authority, or granted subject to conditions, you have a right of appeal to the Secretary of State.
If you appeal, the Secretary of State will normally hold a public local inquiry if either you or the local planning authority ask him to do so. The procedure for appealing is virtually identical with the procedure for appealing against a refusal of planning permission.
Notification and Publicity for Important Applications
The Secretary of State must be notified by the local planning authority before they give listed building consent for demolition and they must send him full details of the application and of the reasons why they propose to grant consent.
Details of the application must be advertised locally, so that amenity societies and other members of the public have an opportunity to comment. Any comments which they make must be forwarded to the Secretary of State, who will then consider whether the decision should be left to the local authority, or whether the importance of the building, the nature of views expressed, or any difficult circumstances warrant his "calling in" the application for his own decision.
When the Secretary of State "calls in" an application, he will arrange a public inquiry if either the applicant or the local planning authority asks for one.
Emergency Control—Building Preservation Notices
To protect buildings which are of special interest but which have not yet been listed, local planning authorities have been given power to serve emergency building preservation notices.
A building subject to one of these notices is protected by the same provisions as a building which has been listed. The notice is effective for a maximum of six months, unless within that period the Secretary of State lists the building or decides that it should not be listed.
Repairs
If the owner fails to take reasonable steps for preserving a listed building, the local authority may be entitled to buy it compulsorily (with the Secretary of State's consent). If the owner deliberately neglects the building in order to redevelop the site, the local authority may not only acquire the building, but may do so at a price which excludes the value of the site for redevelopment.
Owners of listed buildings can, in some cases, get grants or loans to help them with repairs and maintenance.
Grants and Loans
Grants (which in this section can be taken to include loans) are available in certain circumstances both from central government funds and from local authorities.
They are always at the discretion of the body giving them:
listing does not give any automatic entitlement to a grant.
Exchequer Grants
The Secretary of State has power to make grants for the repair or maintenance of buildings that are of outstanding architectural or historic interest. Comparatively few of the listed buildings in the country qualify as "outstanding" and so the scope for these grants is limited. The Secretary of State is advised on the making of grants by the Historic Buildings Council for England, and any enquiries should be addressed to the Secretary of the Council at the Department of the Environment, Whitehall, London, SW1.
Local Authority Grants
Local authorities have a wider scope. They may make grants for any building of architectural or historic interest, and are not restricted to outstanding buildings or even to listed buildings. Grants may be made by county councils, county borough councils, and county district councils (in London by the Greater London Council and the London borough councils) and enquiries should be addressed to the appropriate local authority.
You may also be able to get a house improvement grant for improving or converting a listed building which is to be used as a dwelling.
Joint Exchequer and Local Authority Grants
In some cases grants are made jointly by the Secretary of State (on the advice of the Historic Buildings Council) and the appropriate local authority, for schemes to rehabilitate whole groups or areas of historic buildings.
Churches
Many churches are of special architectural or historic interest, and are listed as such. But so long as they are used for ecclesiastical purposes they remain generally outside the scope of the provisions described in these notes.
Conservation Areas
Whole areas of architectural or historic interest are also protected. The Civic Amenities Act 1967 requires local planning authorities to designate "Conservation Areas". These are "areas of special architectural or historic interest, the character or appearance of which it is desirable to preserve or enhance".
The local planning authorities and the Secretary of State must pay special attention to the character or appearance of these areas when exercising their powers of planning control.
Applications for permission to carry out development that would affect the character of these areas must be advertised, and the views expressed by the public must be taken into account by the planning authority before they decide the application.
List of Statutes
The relevant Acts of Parliament include:
Historic Buildings and Ancient Monuments Act 1953
Town and Country Planning Act 1962
Local Authorities (Historic Buildings) Act 1962
Civic Amenities Act 1967
Town and Country Planning Act 1968
Town and Country Amenities Act 1974
The provisions of the Town and Country Planning (Amendment) Act 1972 whereby the demolition of selected unlisted buildings in conservation areas could be brought within control are repealed. Under the Town and Country Amenities Act no unlisted building (subject to the exclusion of sheds etc.) in a conservation area may be demolished without consent granted by the local authority or, if the local authority is the applicant, by the Secretary of State for the Environment. If ever designation of an area was regarded as enough it no longer can be : the Act imposes on local planning authorities a duty to formulate and publish proposals for the preservation and enhancement of conservation areas and to submit the proposals to a public meeting. In addition the Secretary of State is given power to make separate regulations for the control of advertisements in conservation areas. These provisions give new scope for the protection and improvement of our 3065 conservation areas. Yet many suitable areas have not been designated. In future where county and district councils are unwilling, the Secretary of State could use the power the Act gives him to designate conservation areas.
For listed buildings the Act's most important provision changes the basis of compensation on compulsory acquisition for preservation. In future, payment by a local authority will be for the value of the listed building only and not, as hitherto, for the value of the site for redevelopment. Thus, local authorities should be more ready to serve repairs notices knowing that if acquisition of the building follows it is likely to be less costly. Another provision will allow local authorities to recover costs that they incur in carrying out urgent works to unoccupied listed buildings. In future, local authorities should be more ready to take action where an unoccupied listed building is in disrepair. This provision can be extended to unlisted buildings in conservation areas if the Secretary of State so directs. A further section in the Act requires local authorities to give publicity to planning applications for development that would, in their opinion, affect the setting of a listed building.
Two new clauses moved by the Government were added to the Bill in Committee and increase the powers for the protection of trees. The scope of a tree preservation order is extended to cover cases of uprooting and wilful damage and the penalties for contravention of an order are increased. In particular, on conviction on indictment an unlimited fine may be imposed. Secondly, limited protection is given to trees in conservation areas not covered by a tree preservation order. An owner intending to cut down, top or lop such a tree will have to give notice to the local authority who will then have six weeks in which to serve a tree preservation order. At the end of six weeks, or earlier if the authority states that it has no objection, the owner is free to proceed. A contravention of this provision would be subject to the same penalties as the contravention of a tree preservation order. The Minister of State, in moving this addition to the Bill, said that if it worked well in conservation areas it might be extended to other parts of the country. The Act also enables the Historic Buildings Council to make grants towards the preservation and upkeep of gardens of outstanding interest. Previously it has only been possible to aid gardens associated with a building which was itself outstanding.