listed buildingsand Conservation areas


ProteCtion


Thefactthatabuilding is listed as being of specialarchitectural or historic interest does notmeanthatitwillbepreserved intact in all circumstances, but it does ensure that the case for its preservation is fully considered throughthe procedurefor obtaining listed building consent.


listed building Consent


Anyonewhowants to demolish alisted building,ortoalter or extend onein anyway that affects itscharacter,must obtain ‘ListedBuilding Consent’ from the local planning authority or, in some circumstances, the Secretary of State.


It is an offence to demolish, alter or extend alistedbuilding withoutListedBuilding Consentand thepenalty canbeafine, imprisonment, or both.


listed building Consent and Planning Permission


Anyone wishingtoredevelop asiteon which a listed building stands will need both Listed Building Consent for the demolition andplanning permission forthe newbuilding.Similarly,anyone wishing to alter or extend a listed building inawaywhichwould affectits character andwhose proposed alterationamountsto developmentforwhichspecificplanning permissionisrequired(as distinct froma generalpermissiongiven by theGeneral DevelopmentOrder)willalsoneed to apply forplanning permissionand forListed Building Consent.


aPPeals


If an application for Listed Building Consent is refused by the local planning authority, or grantedsubject to conditions, theapplicant has aright of appeal to the Secretary of State.


reCordingoF buildings to be demolisHed


If youare grantedListedBuilding Consent to demolish abuilding –eitherwhollyor in part –youmust notdosountil English Heritage has been givenanopportunity to make a record of it.


If English Heritage completes its records of the building within themonth, or states that it does notwishtorecord it,you can then demolish the building at once.


rePairs


If alocalauthority considersthatalisted building is not being properly preserved they may serve on theowner a ‘RepairsNotice’.


If the building is unoccupied, the authority canserve anoticeonthe ownergivinghim sevendaysnoticeoftheir intentiontocarry out repairs,which are urgently necessary to secure itspreservation, andrecover thecost fromtheowner.Ifthe ownerdeliberately neglects thebuilding in order to redevelop thesite, thelocalauthoritymaynot only acquirethe building butmay do so at aprice which excludes the value of the site for redevelopment. Thesepowersmay also be exercised by the Secretary of State.


Owners of listed buildingscan,insome cases, get grants or loans to help themwith repairs andmaintenance.


12 Flat Living GUIDETO HeritageFlats


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