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Buildings & Conservation Areas - The Facts
Please note that the following information is by no means comprehensive and
that it is intended to provide only initial guidance for occupiers of Listed and
Conservation Area properties.
Additionally, links are provided to enable
contact to be made with the Statutory Authorities controlling listed building
consent & conservation area planning permission.
The following information
has been reviewed and is correct as at 02/01/2002 & is based upon the Law as it
pertains to England. Similar but different Regulations & Statutes apply in the
Channel Islands, Eire, Northern Ireland, Scotland and Wales.
cases your first point of contact should be with your Local Authority.
Sash Windows UK are experienced in preparing and submitting applications
for Listed Building & Conservation Area Planning Permission & are used to working
and liasing with Local Authorities, both during the planning process and with
the Building Control Officers during the work.
When a building has been listed it is protected
by law and Listed Building Consent must be obtained before any changes
are made to it.
Repairs that match exactly may
not need consent, but examples of work which may need consent include changing
windows and doors "...as the effect of any repairs is not always straightforward."
The owner of a listed building has to apply to
their Local Authority for Listed Building Consent. The first step should be to
ask the Council's Conservation Officer if your proposals are likely to be accepted,
before making formal application, as this could save you time and money by avoiding
making an unsuccessful application.
- Your local authority will give you
the appropriate form for making your application.
you will be required to replace "like with like" in all aspects; materials, construction
and finishing; although you may be allowed to upgrade the specification to include
insulated sealed glass units & draft proofing, subject to respecting the character
of the building and taking proper account of the original case for the preservation
Local Authorities have control over applications
for Listed Building Consents and over minor changes, but have to notify English
Heritage when they first receive applications affecting buildings of outstanding
national interest, normally those listed Grade I and II.
Heritage advises local planning authorities and the Secretary of State for the
Environment, Transport and the Regions on the most important applications.
Local Authorities may refuse any listed building consent
and, subject to local variations *, can grant consents for works to Grade III
Applications for Grade I and
II* listed buildings are referred to English Heritage and sometimes to the Secretary
It will usually take at least 8 weeks
to receive a decision on your application. If consent is refused, you have 6 months
to appeal, to the Department of the Environment, Transport and the Regions.
Carrying out unauthorised work to a listed building is a
criminal offence punishable by a fine or a prison sentence and the local council
can require you to put the building back as it was.
In Greater London, English Heritage has additional powers, inherited from the
former Greater London Council, to direct London Boroughs' decisions on all listed
building consent applications. Since 1993 agreements have been made between English
Heritage & and a number of Boroughs, delegating responsibilities to them for dealing
with proposals for minor alterations and extensions to Grade II listed buildings.
English Heritage can be contacted at www.english-heritage.org.uk.
To contact your local authority visit www.lga.gov.uk
contact your local authority www.lga.gov.uk.
a property is situated in an area that has been designated as a Conservation Area
(covered by an Article 4 Direction) then Conservation Area Planning Permission
must be obtained before the windows and or doors may be replaced.
will usually be required to replace with a window or door that looks like and
operates in the same way as the original but can generally include insulated sealed
glass units and draft proofing.
Although the regulations
allow for the use of any suitable material, eg wood, metal or upvc, in practical
terms this is not the case. The consideration here is aesthetic and most modern
materials cannot comply with the requirements to match as exactly as possible
the dimensions, features, decorative mouldings, etc.
the consideration is aesthetic, you may not need to replace "like with like" where
the windows cannot be seen from a public thoroughfare, but you will need to discuss
this with your Local Authority before submitting your application.
Your local authority will usually be able to send you a design
guide for your area as well as giving you the appropriate form for making your
Carrying out work in a Conservation
Area without planning permission may lead to the serving of an Enforcement Notice
by the Local Authority. Should this happen and the work has been carried out in
an acceptable manner then a retrospective Planning Application will usually be
invited, without any further action being taken or penalty imposed. If the work
is not acceptable then reinstatement, which is not usually practical or possible,
or replacement with approved products, will be required. Once an Enforcement Notice
has been issued failure to comply constitutes a criminal offence.
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