Listed Buildings Guidance and Advice

 

Listed buildings are given a level of importance known as a Grade.  Grade I listed buildings are considered to be of exceptional interest, Grade II listed buildings are considered to be of special interest, which warrant every effort being made to preserve them.  Some Grade II listed buildings that are considered of particular importance are awarded an intermediate grading of II*.  

North East Derbyshire District Council has almost 500 listed structures within its area.

 

 

 

In the list entry, a brief description of the main features of the building is included.  The description exists solely to identify the building.  The protection afforded by being Listed extends over the whole building, both internally and externally, including later alterations and extensions.  It generally includes any object or structure fixed to the building, or buildings and structures located within its curtilage.

 

 

Buildings within the curtilage of a listed building which have been there since before 1st July 1948 are also protected in law by the listing.  This can include for example, outbuildings, walls or monuments and listed building consent is required for their removal or alteration.

 

Listed buildings are an important part of our national and local heritage and as such are protected by law.  Listed Building Consent is required for the demolition of all or part of a listed building, or for any alterations or extensions which would affect its character.  

Consent is required for alterations to the interior or exterior of a listed building and not just for changes to the main elevation.  This guide does not cover every possible eventuality thought so if you intend to carry out any alterations to a listed building, please contact us as soon as possible.

 

 

 

This does not mean that no changes can ever be made to Listed Buildings, so please contact us to discuss your plans.

 

The interior of a listed building can often contain historic or architectural features, which can contribute much to its character.  These may include staircases, fireplaces, ceilings, mouldings, doors and door cases, shutters, panelling, skirting and dado rails, and such features should not be removed unless listed building consent has been granted.  The subdivision of a room or installation of a false ceiling can also affect the scale of proportion and normally requires consent.

 

 

Some listed buildings have a rendered and painted finish, which will have to be repainted from time to time.  The existing colour can be repeated without consent, but some alternatives can profoundly affect the appearance of the building and its relationship to its neighbours.  A change in colour will, therefore, normally require consent.  Windows and doors should normally be repainted in there original colours, but some variations, including timber staining are likely to require consent, as would the painting, rendering or cladding of any exterior brick or stonework.

 

Any object or structure fixed to a building is treated as being part of the building, and should not be removed without Listed Building Consent. It follows that consent is likely to be required for the fitting of any equipment or features to the exterior.  This can include shutters, blinds, canopies, satellite dishes, solar panels, burglar alarms and meter boxes.  On commercial premises, all advertisements require consent regardless of whether or not consent is required under the advertisement regulations.

 

 

Demolition or partial demolition of a listed building will require consent.  Removal of features such as chimney stacks, or rebuilding work, undertaken as repair, will need consent if the end result is materially different from the original.

 

It is misleading to assume that emergency work, particularly demolition, may be carried out without consent if the building is considered to be in a  "dangerous" condition.  In such cases it is a defence to prove that in the interests of safety, health or for the preservation of the building, the work was urgently required and limited to the minimum necessary.  However, proof may be required to show that the repairs or means of temporary support were not a practical alternative and that detailed written justification was given to the Planning Department as soon as possible.  In all cases advice should be sought from the local planning authority.

 

Consent is not normally required for repairs to listed buildings if the new work is identical to the old, in terms of materials, design and appearance.  For example, the profile and size of each element in a replacement window must match exactly what was there before; standard joinery will not usually have the required degree of accuracy as traditional joinery.  Artificial slate is not an identical substitute for natural slate, concrete pantiles are not suitable replacements for clay pantiles, even if their colour and shape are similar.  Consent is required for these, as is the replacement of cast iron gutters and down pipes with plastic. Repointing works may also require consent.  It is in an owner’s interest to check with the Planning Department first and to agree a specification for repair work at the start.

 

 

The setting of a listed building is important, and development proposals, which have an effect on this, are critically assessed.  Setting usually means the immediate surrounding, but may also include land some distance away.

 

There is no fee for an application for Listed Building Consent.

 

Certain works of alterations to a listed building, that is, those that need Listed Building Consent can be zero rated for VAT purposes.  The details are included within the Value Added Tax leaflet, Protected Buildings, available from HM Customs and Excise.

 

 

The Department of Culture, Media and Sport will consider suggestions for buildings to be added, or removed from the list at any time.  Suggestions can be from any member of the public, and does not have to be from the  District Council or an owner.  Supporting evidence will be required and the Council Conservation Officer has the details.

 

If consent is granted to demolish or alter a listed building, an owner may not start work until English Heritage have been given an opportunity to make a record of it.  The Planning Department will send out details with the notice of consent.

 

 

The District Council’s policies relating to development, and works associated with listed buildings, and the justification for those policies, are included in the Local Plan produced by the District Council.  Copies are available at District Council offices and local libraries.  The Forward Plans Section should be contacted for the details.

 

Applications for Listed Building Consent are submitted on a standard form, and the Development Control staff of the Planning Department will deal with completed applications.  Enquiries relating to the processing of applications should be directed to them.  However, any requests for information, or discussions on the detailed aspects of work on a listed building should be directed to the Conservation Officer.

 

 

ALWAYS ASK BEFORE YOU ACT

 

WORK REQUIRING LISTED BUILDING CONSENT, WHICH IS DONE WITHOUT HAVING OBTAINED THAT CONSENT, IS UNLAWFUL, AND MAY LEAD TO PROSECUTION.

 

If you have an enquiry about Listed Buildings, please use our online planning enquiry form.

 

Useful Links:

 

 

From April this year all planning applications submitted to this and all other Local Planning Authorities will need to be completed using the new national planning application form known as 1APP.

 

Local Planning Authorities may introduce 1APP ahead of the April deadline and many have already done so. The Council has agreed that the submission of applications electronically via the planning portal to the Council will take place on the new forms from the 3^rd March, subject to final confirmation.

 

Please note that to coincide with that, it is also intended that applications may be submitted to this Council on the new 1APP forms from that date too.

 

If you have any queries on the new application form or the procedure to use it do please contact the Development Control Team.