A new regulatory regime surrounding listed buildings came into effect to help those seeking to maintain and manage change to our built heritage.
The regulations, brought in via the Enterprise and Regulatory Reform Act 2013, introduce:
- Listed Building Heritage Partnership Agreements (HPAs);
- Local Listed Building Consent Orders (LBCOs); and
- Certificates of Lawfulness of Proposed Works (CLPW).
HPAs, whilst yet to be properly road-tested, should, says Turley, prove useful in providing property owners and local authorities consensus on the medium to long-term management of listed buildings.
Roger Mascall, Director and Head of Heritage at Turley said:
“HPAs can grant listed building consent for specified works and reduce the need for serial applications. They are likely to best apply to specific types of building or complexes where predictable and repetitive works are commonly carried out.
“We are currently working with English Heritage to realise such agreements on suitable buildings and estates.”
“Their success will, however, depend upon a proportionate approach to the necessary statement of reasons and assessment of likely effect of proposed works together with an appetite from resource-limited local planning authorities to engage in the process.”
LBCOs allow local planning authorities to grant a general listed building consent for certain works of alteration or extension of certain listed buildings in their areas. Owners and developers can then carry out the specified works without having to submit an application for listed building consent each time.
Roger adds:
“LBCOs have significant potential, for example, for the owners of large estates of common building types to be granted consent for a range of works to assist in estate management strategies. Take up may depend again on the degree to which local planning authorities are able to resource the preparation and making of the Orders.”
CLPWs are intended to provide a simple and fast mechanism to give clarity on when listed building consent is not required without the need to submit a full application for listed building consent. The Certificates are only available for prospective works and are valid for 10 years. Applicants have the right of appeal where a local planning authority refuses an application or fails to determine it within the required timescale.
Roger concludes:
“Procedures are broadly based on those for Certificates of Lawfulness of Proposed Use or Development in the planning system, adapted to fit the listed building consent regime. We are exploring opportunities for the use of CLPWs with clients.
“We broadly welcome this new regime and, depending on local planning authorities ability to commit resources, should provide a good balance between the need to protect important buildings whilst enabling development.”
Ref: 32545