BCD 2017

24 T H E B U I L D I N G C O N S E R VAT I O N D I R E C T O R Y 2 0 1 7 HERITAGE PROTECTION IN THE UK JONATHAN TAYLOR S CHEDULED MONUMENTS and buildings which are listed or in conservation areas are protected by law throughout the United Kingdom, and it is a criminal offence to carry out certain works to them without the necessary consent. As conviction can lead to fines and even imprisonment, it is essential that owners, their contractors and consultants know what can and cannot be done without consent, and when it is necessary to seek specialist advice. Although the controls protecting the historic environment differ in England, Northern Ireland, Scotland and Wales, the essence of the system remains the same. This article provides a brief guide to the key controls. Applications for listed building consent (LBC) are generally made to the local planning authority and, if necessary, they are then referred to the statutory authority (Historic England, Northern Ireland’s Department for Infrastructure, Historic Environment Scotland or the Welsh Government’s Historic Environment Service, Cadw). ECCLESIASTICAL EXEMPTION Most ecclesiastical buildings which are listed and in use as places of worship are exempt from usual LBC requirements under the ecclesiastical exemption. However, the exemption only applies while the building remains in use as a place of worship: demolition therefore falls under secular listed building control because the building is no longer in use at the point of demolition. LEGISLATION AND GUIDANCE Listed buildings are graded according to a variety of factors such as significance, rarity and completeness, with Grade I or (in Scotland) category A being the most important. While the degree of alteration permissible may vary with grade/category, all listed buildings are equally protected in law, inside and out. All three planning acts listed in the table above state that LBC is required for ‘any works for the demolition of a listed building or for its alteration or extension in any manner which would affect its character as a building of special architectural or historic interest’ (England and Wales, 1990 Act Section 7; Scotland, 2011 Act Article 85; NI, 1997 Act Section 6) – the wording is identical. Repairs may also require consent as even like-for-like repairs often effect a degree of alteration. The criterion for approval is ‘the desirability of preserving the building or its setting or any features of special architectural or historic interest which it possesses’ (Sections 16 and 14 respectively and Article 85 ). Unlisted buildings in conservation areas are protected, but to a lesser extent. All three acts state that a building in a conservation area ‘shall not be demolished’ without the consent of the appropriate authority, and that when considering a proposal the local authority must take into account ‘the desirability of preserving or enhancing the character or appearance’ of the conservation area. Article 4 directions may be introduced in a conservation area to restrict ‘permitted development rights’ for certain specific alterations. The effect is that certain specified changes (window alterations for example) which would otherwise be permitted by right will require planning permission where visible from the street or other public areas. In England alterations to primary legislation introduced under the Enterprise and Regulatory Reform Act 2013 mean that planning permission is now required for the demolition of an unlisted building in a conservation area. (In all other home nations the permission required is ‘conservation area consent’.) In Northern Ireland urban areas which exhibit ‘distinct character and intrinsic qualities, often based on their historic built form or layout’, may be designated as areas of townscape character (ATCs). Planning permission is required for the demolition of unlisted buildings in an ATC, and proposals for development are required to ‘respect the appearance and qualities of each townscape area and maintain or enhance their distinctive character’. Scheduled monuments are protected in England, Scotland and Wales under the Ancient Monuments and Archaeological Areas Act 1979 and in Northern Ireland under the Historic Monuments and Archaeological Objects (Northern Ireland) Order 1995 . Both acts prohibit all kinds of work to a protected monument unless consent has been granted by the relevant authority. This includes works of demolition or destruction, damage, removal, repairs, flooding and tipping (Section 4 and Article 4 respectively). The use of metal detectors on land relating to a scheduled monument in Britain is also prohibited without written consent of the relevant authority (Section 42), while in Northern Ireland the restriction extends to excavating any land in search of archaeological objects or artefacts of archaeological interest without a licence (Section 41). DESIGNATION WORKS REQUIRING CONSENT CONSENT REQUIRED Scheduled monument All works including demolition, destruction, damage, removal, repairs, alterations, additions etc Scheduled monument consent Listedbuilding All demolition work and alterations which affect its character as a listed building – this includes works to the interior, objects and structures fixed to the building, and objects and structures within its curtilage built before 1948 or, in Northern Ireland, 1973, unless specifically excluded from protection. Listed building consent Unlistedbuilding inaconservation area Demolition work – generally ‘substantial’, not partial demolition Some external alterations to houses, which elsewhere would be permitted by right, may require consent under an Article 4 direction Conservation area consent: planning permission in England Planning permission Others Planning permission may also be required for: • development affecting the exterior of a heritage asset in England • demolition work affecting an unlisted building in a designated Area of Townscape/Village Character in Northern Ireland PRIMARY LEGISLATION AND PRINCIPAL MODIFICATIONS GOVERNMENT POLICY AND GUIDANCE England ✪ Planning (Listed Buildings and Conservation Areas) Act 1990 ✪ The National Planning Policy Framework ✪ Planning Practice Guidance; Conserving and Enhancing the Historic Environment Northern Ireland ✪ Planning Act (Northern Ireland) 2011 ✪ The Planning (Listed Buildings) Regulations (Northern Ireland) 2015 ✪ TheStrategicPlanningPolicyStatement(SPPS)(2015) ✪ Planning Policy Statement 6 (PPS6): Planning, Archaeology and the Built Heritage (1999) Scotland ✪ Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 ✪ Historic Environment Scotland Act 2014 ✪ Planning (Listed Building Consent and Conservation Area Consent Procedure) (Scotland) Regulations 2015 ✪ HistoricEnvironmentScotlandPolicyStatement(2016) ✪ Historic Environment Circular 1 ✪ Guidance notes in the Managing Change in the Historic Environment series Wales ✪ Planning (Listed Buildings and Conservation Areas) Act 1990 ✪ The Historic Environment (Wales) Act 2016 and associated regulations ✪ Planning Policy Wales ✪ Government circulars 61/96, 60/96 and 1/98 ✪ Technical advice notes GRADE/CATEGORIES (and proportion in each) England Grade I (2.5%) Grade II* (5.5%) Grade II (92%) Northern Ireland Grade A (2.5%) Grade B+ (6.5%) Grades B, B1 & B2 (91%) Scotland Category A (8%) Category B (50%) Category C (42%) Wales Grade I (2%) Grade II* (6%) Grade II (92%)