Why Do Listed Building Owners Need Consent?
Listed building owners require consent because in England, listed buildings are considered to be of special architectural or historic interest. By listing a building, it can be better preserved for future generations. Listed building consent aids with the following:
Prevention of unsuitable alterations to the building which alter its special character, architectural features, or historical significance.
Expert assessment who evaluate the state of old buildings and whether proposed works will impact original fabric.
Maintainance of heritage value by ensuring alterations are respectful of authenticity and cultural importance.
Public interest and appeasing the public who should have a say in decisions affecting public heritage.
Unauthorised Work Is a Criminal Offence
You should never carry out any work to a listed building without listed building consent. This is an offence under Section 9 of the Planning (Listed Buildings and Conservation Areas) Act 1990. As a criminal offence, you could be liable for a fine of up to £20,000 and in some serious cases, imprisonment.
If Listed Building Consent Is Refused
Your local planning authority does not have an obligation to grant you with listed building consent. They can deny consent in any cases where they believe that the listed building will be irrevocably damaged or for example, if you have not justified alterations in your application.
Therefore, to avoid being denied listed building consent, we recommend working with professionals to help you apply for listed building consent. Architectural designers, Conservation Officers, Heritage Specialists, and other types of professionals with experience will be able to shed light on the various factors at play when trying to obtain planning permission.
In cases where local planning authorities deny your application, there are steps that you can take:
Review the decision – Begin by reviewing the decision carefully. You should get clear as to why your planning permission application was refused and the specific reasons behind the decision.
Seek professional advice – Next, seek professional advice from a Heritage Consultant, Architectural designer, or planning professional who specialises in historic buildings. They can provide valuable insights and suggest potential modifications to your proposal that may increase the chances of approval.
Modify and resubmit your application – Just because you have been refused listed building consent, does not mean you cannot resubmit your application. Based on any of the feedback you have received, make changes to your proposal before you try again.
Mediation – In certain scenarios, mediation could be an option. This involves the help of a third party who facilitates a discussion between parties to resolve.
Appeal the decision – Finally, if you find the decision to be unjustified, you can appeal. This varies by jurisdiction so you will be required to follow procedures set out by the authority.