There may also be incidents whereby the works proposed also require a Listed Building Consent and another application for planning permission.
Please go to ‘My Property’ or click here
for a full list of Listed Buildings within the Borough.
A Listed Building is a building, object or structure that has been judged to be of national historical or architectural; interest. It is included on a register known as a ‘statutory list of buildings of special architectural or historic interest’, which is administered by English Heritage.
Buildings are listed in order to identify and protect our heritage and ensure special interest is taken fully into account in the future and can be protected by legal safeguards. The Secretary of State for Culture, Media and Sport is required to compile lists of buildings of special architectural or historic interest. English Heritage is now responsible for maintaining and revising these lists and advising the Secretary of State.
Determining the curtilage of a listed building is not always a simple matter. The main test is the physical layout of the land at the date of listing and the relationship of objects or structure to each other. A structure must be ancillary and subordinate to be included in the listings and historically independent building. The structure must form part of the land and this is probably requires some degree of annexation.
Where a self contained building does not form part of the land of the listed building at the date of listing it is likely to be regarded as having a separate curtilage.
All the properties considered for listing are judged according to a set of national standards. The following are the main criteria which the Secreatary of State applies in deciding which buildings to include on the statutory lists:
·Architectural Interest: national interest in terms of architectural design, decoration or craftmanship; or examples of particular building types or techniques
·Historical Interest: buildings which display important aspects of the nations social, economic, cultural or military history
·Close Historical Associations: nationally important people or events
·Group Value: where building comprise together an important or historical unity or fine examples of planning
·Age and Rarity: the older a building is and the fewer the surviving examples of its kind, the more likely it is to have historical importance.
Yes, Listed Buildings are classified in grades to show their relative importance. However, this does not mean that a Grade I building is more worthy of preservation than a Grade II building. The three grades of listing are as follows:
·Grade I : Building of exceptional interest (only 2% of listed buildings)
·Grade II*: Buildings of particular importance and of more than special interest (4% of listed buildings)
·Grade II: Buildings of special interest which warrant every effort being made to preserve them.
The listing protection extends to the building at that address, and included any objects or structure fixed to the building. It also included any object or structure within the curtliage of the building which forms part of the land. The list description is meant for identification of the building only and is not a thorough description of all the important features of that building.
Listed Building consent is required for the demolition or partial 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. Listed status covers a whole building, inside and out and may also apply to buildings in the curtilage of the listed building. Examples of the types of works that would normally require listed building consent are as follows:
1. An extension to a building whether or not it is within permitted development limits of the Town and Country Planning General Permitted Development order 1995 (as amended);
2. Alteration such as the removal and replacement of doors and windows or alterations to openings;
3. Knocking down or altering chimney, internal walls, floors or ceilings or other internal features such as cupboards, fire places, doors, panelling and staircases;
4. Painting or rendering;
5. Changing roof materials;
6. or inserting dormers, attaching signs, lights, satellite dishes.
Secondary glazing can be used as and alternative to the installation of new double glazing, secondary glazing retains the existing window and therefore preserves the properties external appearance, this method will not give the same level of performance as a double glazed window, however it offers considerable improvement in heat retention over single glazing.
Secondary glazing ranges from simple one-season plastic film methods undertaken by householders to more permanent purpose built systems.
Simple repairs to mend cracks and eliminate gaps can significantly reduce the amount of air infiltration or draughts. Research carried out by English Heritage states that Air Infiltration of Sash Windows can be reduced by as much as 86% by adding draught proofing.
Using existing shutters can help cut down heat loss through windows.
Further information on energy saving can be viewed here
Listed Building Consent aims to prevent people from unknowingly de-valuing their home and taking away the features that make it important. Carrying out unauthorised works to listed buildings is a criminal offence and owners can be prosecuted. The council can insist that all work undertaken without consent is reversed.
You can apply for listed building consent retrospectively however there is a risk that it will be rejected for reasons that could have easily been resolved. An owner will have difficulties selling a property where work has been carried out without Listed Building Consent.
It is always best to check with the council first, some minor works may not need consent. Internal redecoration, the renewal of furnishings and the replacement of internal fittings such as lights or radiators will probably not need consent if the main fabric of the building is not affected. It should be noted that in some cases it would affect the special character of the building to strip internal joinery or its traditional paintwork finish or to remove traditional wallpaper.
Any works granted listed building consent must normally begin within 3 years from the date of the consent. Consent maybe issued with conditions attached, such as approval of sample materials before works commence.
The listed building consent will not be valid unless all the conditions on the decision notice are complied with and the works are executed in accordance with the approved plans. Not comply with any condition attached to the consent may result in the Borough Council taking enforcement action, so it is vital that conditions are discharged before work relating to the conditions commences on site.
Most owners take reasonable steps to maintain their buildings. If the building falls into disrepair, however the council has various powers to seek its preservation.
An Urgent Works Notice can be served on unoccupied parts of a building. It specifies the works required to make the building safe and secure, if these works are not carried out the council can do the work itself and recover costs from the owner of the property. A Repairs Notice can also be served requiring an occupied building is put in order, ultimately if the necessary repairs are not carried out the Borough Council can compulsorily acquire the building.
Unfortunately not all listed buildings are cared for by their owners. In certain cases of deliberate neglect or long term vacancy, a listed building will be put on the Derbyshire Buildings at Risk Register. A national register is also drawn up by English Heritage for Grade I and II* listed buildings.
SPAB have some guidance on purchasing old buildings