The Building Conservation Directory 2023

27 C AT H E D R A L C O M M U N I C AT I O N S 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 2 3 | C E L E B R AT I N G 3 0 Y E A R S P R O F E S S I O N A L S E R V I C E S 1 England local authority planning policies may also seek to ensure new development does not harm ‘non-designated heritage assets’ too, which is potentially a far broader category. Each of the UK’s four nations thus operates slightly different planning and heritage protection systems, but the fundamentals are the same, applying protection for historic buildings through primary legislation supplemented by government policy and guidance, as shown in the table below. These policies and guidance fall into the category of ‘material consideration’ which the local planning authority is required to take into account when considering proposals for listed building consent. Local government heritage protection policies which have been through public consultation will also be taken into account. These provide specific guidance tailored to suit, for example, the character and significance of a local area. The primary legislation enables buildings to be listed, makes it a criminal offence to alter one without LBC, and gives the criteria for granting LBC. So, all three acts 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’ (1990 Act Section 7, ’97 Act Section 6 respectively, and 2011 Act Article 85 – the wording is identical). The criterion for assessing the proposal 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). APPLYING FOR LISTED BUILDING CONSENT Like a planning application, an application for listed building consent would be required to include appropriately scaled drawings and photos showing the existing building and comparable drawings showing the proposals. In addition, the local planning authority may require statements outlining: • why the building or component affected is significant in heritage terms • how that significance will be affected by the proposal, and • how any harm caused to the significance of the building or component can be justified. This information is usually presented in a heritage statement. For a minor alteration this can be a relatively simple document, but it becomes more complicated where harm needs to be evaluated and justified. Historic Environment Scotland in its Managing Change guidance on extensions points out that “most historic buildings can sustain some degree of sensitive alteration or extension to accommodate continuing or new uses. Yet historic buildings vary in the extent to which they can accommodate change without loss to special interest. Some present the opportunity to promote design intervention that would not have been possible without the historic building as a creative spark. Others are sensitive even to slight alterations.” Harm can often be mitigated by making the alterations reversible. New components such as partitions must be cut around the existing fabric rather than cutting into the original components, and all interventions should always be kept to the minimum. WORKS NOT REQUIRING LISTED BUILDING CONSENT In law, works which would not affect a listed building’s ‘character as a building of special architectural or historic interest’ may be carried out without listed building consent. However, defining the effects of even the most minor alterations and repairs can be tricky. For example, like-for-like repairs should not require consent provided they do not involve any alteration or demolition. This means using materials to match the existing materials (even if the existing materials were used inappropriately), and the repairs must be limited to the area that needs repairing. However, most repairs will involve a degree of alteration, so to avoid any misunderstandings the local authority should be notified before the work commences. When notifying the local authority it will be necessary to outline all elements of the work involved with a full specification and a brief statement outlining the heritage significance of the components affected, and how their significance may be affected by the proposals. This is best prepared by a heritage consultant who specialises in listed buildings as the conservation officer needs to be confident that the effects will be limited to the works described, and that there is no risk to the significance of the building and its historic fabric. Specifying who is carrying out the work may also improve confidence, as what starts out as a like-for-like repair often inadvertently leads to incidental alterations, particularly where non-specialist craftspeople are involved. All works should also be carefully documented with before and after photos and notes detailing what was done. ECCLESIASTICAL EXEMPTION Most churches in England and Wales that are in use as places of worship are exempted from listed building consent and conservation area consent under the Ecclesiastical Exemption (Listed Buildings and Conservation Areas) Orders of 2010 (England) and 2018 (Wales). The exemption is restricted to denominations with their own internal systems of control which has been shown to be equivalent or better than the consent procedures of local authorities. These are the Church of England, the Church in Wales, the Roman Catholic Church, the Baptist Unions of Great Britain and Wales, the Methodist Church and, in England, the United Reformed Church. Standard listed building and conservation area controls apply to the places of all other denominations and faiths, including synagogues and mosques for example. North of the border the exemption from listed building controls (under section 54 of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 ) is taken to include all places of worship whether Christian or not. However, the majority of Christian denominations have voluntarily agreed to seek listed building consent for external works including alterations and extensions, and the exemption is generally limited to the interiors. The Church of Scotland, Scottish Episcopal Church, Roman Catholic Church and Methodist Church also have their own internal processes for approving works to the interior. JONATHAN TAYLOR MSc, IHBC is the editor of The Building Conservation Directory . PRIMARY LEGISLATION GOVERNMENT POLICY AND GUIDANCE England Planning (Listed Buildings and Conservation Areas) Act 1990 The National Planning Policy Framework Wales Planning Policy Wales , Technical Advice Note 24: The Historic Environment and associated best practice guidance, Managing Change to Listed Buildings in Wales Scotland Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 Historic Environment Policy for Scotland and the guidance notes in the Managing Change in the Historic Environment series Northern Ireland The Planning Act (Northern Ireland) 2011 The Planning (General Development Procedure) Order (Northern Ireland) 2015 The Planning (Listed Buildings) Regulations (Northern Ireland) 2015 Planning Policy Statement 6 (PPS6): Planning, Archaeology and the Built Heritage Criteria for the Scheduling of Historic Monuments and the Listing of Buildings of Special Architectural or Historic Interest, with associated procedures Strategic Planning Policy Statement (SPPS) 2015 *NB Historic Environment (Wales) Bill published in 2022 aims to consolidate the Ancient Monuments and Archaeological Areas Act 1979 and the Planning (Listed Buildings and Conservation Areas) Act 1990 in a single, fully bilingual new act. Generally it retains much the same terminology and key concepts as the other UK acts.