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PLANNING POLICY GUIDANCE 15 |
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Planning
and the historic environment
Contents Introduction.................................................................................................................
2 Part 1..........................................................................................................................
3 2. Development Plans and Development Control..........................................................
5 3. Listed Building Control...........................................................................................
11 4. Conservation Areas................................................................................................
22 5. Transport and Traffic Management.........................................................................
30 Part 2........................................................................................................................
34 7. The Upkeep and Repair of Historic Buildings..........................................................
42 8. Churches and the Ecclesiastical Exemption..............................................................
46 Annex A - The Legislation and the Main Heritage Bodies...........................................
51 Annex B - Listed Building Control Procedures............................................................
60 Annex C - Guidance on Alterations to Listed Buildings................................................
67 Introduction
1.
This PPG provides a full statement of Government policies for the
identification and protection of historic buildings, conservation areas,
and other elements of the historic environment. It explains the role
played by the planning system in their protection. It complements the
guidance on archaeology and planning given in PPG 16. 2.
In addition to normal development controls, the Planning (Listed
Buildings and Conservation Areas) Act 1990 provides specific protection
for buildings and areas of special architectural or historic interest.
In many instances there is a close link between controls over listed
buildings and conservation areas and development control decisions. In
such cases development and conservation issues will generally need to be
considered together. 3.
This guidance is not only for local authorities, but also for other
public authorities, property owners, developers, amenity bodies and all
members of the public with an interest in the conservation of the
historic environment. It updates the advice in Department of the
Environment Circular 8/87, within the existing legislative
framework. The policy content of Circular 8/87 is hereby
cancelled, along with all of Circular 18/88. The directions in Circular
8/87 will continue in force until new directions have been made.
Such directions will be made at the same time as related changes to the
Town and Country Planning General Development Order 1988 (the GDO), and
the Planning (Listed Buildings and Conservation Areas) Regulations 1990,
and will be the subject of a separate Circular. 4.
The guidance given in this PPG should not involve any significant
additional expenditure for local planning authorities. New duties placed
on authorities by subordinate legislation - eg. directions, the GDO, and
the Ecclesiastical Exemption (Listed Buildings and Conservation Areas)
Order 1994 - are the subject of separate consultation with the local
authority associations. Structure of the PPG
5.
Part 1 of the PPG deals with those aspects of conservation policy which
interact most directly with the planning system, whose operation is the
responsibility of the Secretary of State for the Environment. Decisions
on called-in applications for, and appeals against refusals of, listed
building or conservation area consent are the responsibility of the
Secretary of State for the Environment because of their frequent close
links with issues of development control. 6.
Part 2 of the PPG deals with aspects of conservation policy which are
less directly linked to the planning system, and which are for the most
part the responsibility of the Secretary of State for National Heritage. 7.
There is however no sharp distinction between the two areas of
responsibility. For instance, both Secretaries of State have an interest
in policies for the designation and protection of conservation areas;
and protection of the wider aspects of the historic environment (e.g.
historic landscapes) is effected mainly through the operation of the
planning system. 8.
In Part 1 of the PPG and in Annex B, references to 'the Secretary of
State' are, unless otherwise stated, references to the Secretary of
State for the Environment; in Part 2 and in Annex A, 'the Secretary of
State' refers to the Secretary of State for National Heritage. Part 1
1. Planning and
Conservation
1.1
It is fundamental to the Government's policies for environmental
stewardship that there should be effective protection for all aspects of
the historic environment. The physical survivals of our past are to be
valued and protected for their own sake, as a central part of our
cultural heritage and our sense of national identity. They are an
irreplaceable record which contributes, through formal education and in
many other ways, to our understanding of both the present and the past.
Their presence adds to the quality of our lives, by enhancing the
familiar and cherished local scene and sustaining the sense of local
distinctiveness which is so important an aspect of the character and
appearance of our towns, villages and countryside. The historic
environment is also of immense importance for leisure and recreation. The role of the planning
system
1.2
The function of the planning system is to regulate the development and
use of land in the public interest. It has to take account of the
Government's objective of promoting sustainable economic growth, and
make provision for development to meet the economic and social needs of
the community. As PPG1 makes clear, planning is also an
important instrument for protecting and enhancing the environment in
town and country, and preserving the built and natural heritage. The
objective of planning processes should be to reconcile the need for
economic growth with the need to protect the natural and historic
environment. 1.3
The Government has committed itself to the concept of sustainable
development - of not sacrificing what future generations will value for
the sake of short-term and often illusory gains. This approach is set
out in Sustainable Development: The UK Strategy. It is also a
key element of the development plan system, as set out in PPG 12.
This commitment has particular relevance to the preservation of the
historic environment, which by its nature is irreplaceable. Yet the
historic environment of England is all-pervasive, and it cannot in
practice be preserved unchanged. We must ensure that the means are
available to identify what is special in the historic environment; to
define, through the development plan system its capacity for change;
and, when proposals for new development come forward, to assess their
impact on the historic environment and give it full weight, alongside
other considerations. Conservation and economic
prosperity
1.4
Though choices sometimes have to be made, conservation and sustainable
economic growth are complementary objectives and should not generally be
seen as in opposition to one another. Most historic buildings can still
be put to good economic use in, for example, commercial or residential
occupation. They are a valuable material resource and can contribute to
the prosperity of the economy, provided that they are properly
maintained: the avoidable loss of fabric through neglect is a waste of
economic as well as environmental resources. In return, economic
prosperity can secure the continued vitality of conservation areas, and
the continued use and maintenance of historic buildings, provided that
there is a sufficiently realistic and imaginative approach to their
alteration and change of use, to reflect the needs of a rapidly changing
world. 1.5
Conservation can itself play a key part in promoting economic prosperity
by ensuring that an area offers attractive living and working conditions
which will encourage inward investment - environmental quality is
increasingly a key factor in many commercial decisions. The historic
environment is of particular importance for tourism and leisure, and
Government policy encourages the growth and development of tourism in
response to the market so long as this is compatible with proper
long-term conservation. Further advice on tourist aspects of
conservation is given in PPG 21 and the English Tourist Board's
publication Maintaining the Balance. Stewardship: the role of
local authorities and others
1.6
The Government urges local authorities to maintain and strengthen their
commitment to stewardship of the historic environment, and to reflect it
in their policies and their allocation of resources. It is important
that, as planning authorities, they adopt suitable policies in their
development plans, and give practical effect to them through their
development control decisions. As highway authorities too, their
policies and activities should reflect the need to protect the historic
environment and to promote sustainable economic growth, for roads can
have a particular impact at all levels - not only through strategic
decisions on the siting of new roads, but also through the more detailed
aspects of road building and road maintenance, such as the quality of
street furniture and surfaces. Above all, local authorities should
ensure that they can call on sufficient specialist conservation advice,
whether individually or jointly, to inform their decision-making and to
assist owners and other members of the public. 1.7
However, the responsibility of stewardship is shared by everyone - not
only by central and local government, but also by business, voluntary
bodies, churches, and by individual citizens as owners, users and
visitors of historic buildings. The historic environment cannot be
preserved unless there is broad public support and understanding, and it
is a key element of Government policy for conservation that there should
be adequate processes of consultation and education to facilitate this. 2.
Development Plans and Development Control
2.1
The principal Act (as amended) requires development plans to include
policies for 'the conservation of the natural beauty and amenity of the
land' and for 'the improvement of the physical environment'. The Town
& Country Planning (Development Plan) Regulations 1991 require
authorities to have regard to environmental considerations in preparing
their plan policies and proposals. The protection of the historic
environment, whether individual listed buildings, conservation areas,
parks and gardens, battlefields or the wider historic landscape, is a
key aspect of these wider environmental responsibilities, and will need
to be taken fully into account both in the formulation of authorities'
planning policies and in development control. Development plans
2.2
Structure, local, and unitary development plans are the main vehicle for
ensuring that conservation policies are co-ordinated and integrated with
other planning policies affecting the historic environment. Imaginative
planning policies can not only reduce threats to it, but increase its
contribution to local amenity. By including suitable policies in their
plans, local authorities can give encouragement to the satisfactory
reuse of neglected historic buildings, particularly where major groups
of buildings need to be tackled comprehensively, and where other
planning factors, such as traffic problems, may be discouraging reuse. 2.3
Section 54A of the principal Act provides that where, in making any
determination under the Planning Acts, regard is to be had to the
development plan, the determination must be made in accordance with the
development plan unless material considerations indicate otherwise. It
is therefore important that plans include all the criteria on the basis
of which planning decisions will be made. Plans should set out clearly
all conservation policies relevant to the exercise of an authority's
development control functions, and also policies which are relevant to
cases where development and conservation issues are linked and will need
to be addressed together. 2.4
The Courts have accepted that section 54A does not apply to decisions on
applications for listed building consent or conservation area consent,
since in those cases there is no statutory requirement to have regard to
the provisions of the development plan. However, authorities should
ensure that aspects of conservation policy that are relevant, directly
or indirectly, to development control decisions are included - for
instance, policies for alterations or extensions to listed buildings
that also constitute development (to which section 54A will directly
apply). In view of the statutory requirements that authorities should
have special regard to the desirability of preserving any listed
building or its setting, or any features of special architectural or
historic interest which it possesses, and should pay special attention
to the desirability of preserving or enhancing the character or
appearance of any conservation area in exercising their development
control functions, plans should also include policies for works of
demolition or alteration which, while not in themselves constituting
development, could affect an authority's decision on a related
application for planning permission. 2.5
There may be some detailed conservation policies which have no bearing
on issues of development control - for instance, policies for the
treatment of some internal features of listed buildings where this would
not affect consideration of planning applications but might require
listed building consent. Other examples may relate to certain types of
alteration, repairs, maintenance or decoration. These policies should be
presented as supplementary guidance rather than included in the plan
itself. Such guidance will carry greater weight to the extent that it
has been the subject of public consultation, has been formally adopted
by the authority, and is published in a format which gives clear advice
and is readily available to the public. Development plans should contain
a reference to such policies in the reasoned justification, together
with a clear indication of where those policies may be seen in full. 2.6
Full guidance on the preparation of plans is given in PPG 12.
Structure plans and the first part of unitary development plans provide
a statement of the overall strategy for a county, borough or
metropolitan district area, and should include conservation of the
historic environment as one of their key topics, taking account of any
broad strategic objectives or constraints set out in relevant regional
planning guidance. The structure plan should provide a broad planning
framework, guiding the approach to be adopted in local plans to such
issues as the capacity of historic towns to sustain development, the
relief of pressure on historic central areas by the identification of
opportunities for growth elsewhere, and the provision of transport
infrastructure which respects the historic environment. 2.7
Local plans and the second part of unitary development plans should set
out more detailed development control policies for an authority's area:
they should include both the policies which will apply over the area as
a whole, and any policies and proposals which will apply to particular
neighbourhoods. Both policies and proposals should be illustrated on the
proposals map (see paragraph 7.14 of PPG 12). 2.8
Local plans should set out clearly the planning authority's policies for
the preservation and enhancement of the historic environment in their
area, and the factors which will be taken into account in assessing
different types of planning application - for example, proposals for the
change of use of particular types of historic building or for new
development which would affect their setting. It is important that clear
policies are formulated for cases where new development is proposed in
order to provide income for the upkeep of historic buildings (see
Department of the Environment Circular 16/91). Plans should
also include a strategy for the economic regeneration of rundown areas,
and in particular seek to identify the opportunities which the historic
fabric of an area can offer as a focus for regeneration. Excessively
detailed or inflexible policies concerning individual buildings or
groups of buildings should be avoided. 2.9
Plans should set out authorities' broad criteria for the designation of
new conservation areas and for the review of existing conservation area
boundaries; and, where possible, which particular areas are in mind for
both. The process of assessment, detailed definition or revision of
boundaries, and formulation of proposals for individual conservation
areas (as required by section 71 of the Act) should involve extensive
local consultation and should be pursued separately from the local plan
process itself. But the plan should provide a policy framework, making
clear to the public how detailed assessment documents and statements of
proposals for individual conservation areas relate to the plan, and what
weight will be given to them in decisions on applications for planning
permission and conservation area consent. (See also paragraphs 4.3-4.7,
4.10 and 4.15). Designation strategies should take account of the fact
that authorities now have general powers to control the demolition of
dwelling houses outside conservation areas (see Department of the
Environment Circular 26/92). 2.10
English Heritage is a statutory consultee on draft plans, but is also
able to offer specialist advice at preparation stage. In conjunction
with the Countryside Commission and English Nature, it is also issuing
guidance on conservation in strategic and local plans. There will often
be advantage in consultation at an early stage in plan preparation with
other statutory agencies and with the national amenity societies and
local conservation bodies, as well as wider public consultation at the
formal deposit stage. Development control
2.11
The Secretary of State attaches particular importance to early
consultation with the local planning authority on development proposals
which would affect historic sites and structures, whether listed
buildings, conservation areas, parks and gardens, battlefields or the
wider historic landscape. There is likely to be much more scope for
refinement and revision of proposals if consultation takes place before
intentions become firm and timescales inflexible. Local planning
authorities should indicate their readiness to discuss proposals with
developers before formal planning applications are submitted. They
should expect developers to assess the likely impact of their proposals
on the special interest of the site or structure in question, and to
provide such written information or drawings as may be required to
understand the significance of a site or structure before an application
is determined. The principle of early consultation should extend to
English Heritage and the national amenity societies on cases where a
formal planning or listed building consent application would be
notifiable to them by direction or under the GDO. 2.12
It is generally preferable for both the applicant and the planning
authority if related applications for planning permission and for listed
building or conservation area consent are considered concurrently.
Authorities are required by section 66(1) of the Act, in considering
whether to grant planning permission for development which affects a
listed building or its setting, to have special regard to the
desirability of preserving the building or its setting or any features
of architectural or historic interest which it possesses. It is unlikely
that they will be able to do so effectively unless the planning
application is accompanied by a listed building consent application
(where the development in question requires one) or at least contains an
equivalent amount of information. If an authority is asked to consider a
planning application in isolation, a decision on that application cannot
be taken as predetermining the outcome of a subsequent application for
listed building consent. Authorities are also required by section 72 of
the Act, in the exercise in a conservation area of their powers under
the Planning Acts (and Part I of the Historic Buildings and Ancient
Monuments Act 1953), to pay special attention to the desirability of
preserving or enhancing the character or appearance of that area. In the
case of unlisted buildings in conservation areas, the Courts have held
that consent for the demolition of a building may involve consideration
of what is to take its place (see paragraph 4.27). 2.13
Local planning authorities are urged to ensure that they have
appropriately qualified specialist advice on any development which, by
its character or location, might be held to have an adverse effect on
any sites or structures of the historic environment. The need for
environmental assessment of major development proposals affecting
historic areas should be considered in the light of the advice given in
Department of the Environment Circular 15/88. Authorities
should ensure that the Royal Fine Art Commission is consulted on all
planning applications raising conservation issues of more than local
importance, and should take the RFAC's views fully into account in
reaching their decisions. 2.14
The design of new buildings intended to stand alongside historic
buildings needs very careful consideration. In general it is better that
old buildings are not set apart, but are woven into the fabric of the
living and working community. This can be done, provided that the new
buildings are carefully designed to respect their setting, follow
fundamental architectural principles of scale, height, massing and
alignment, and use appropriate materials. This does not mean that new
buildings have to copy their older neighbours in detail: some of the
most interesting streets in our towns and villages include a variety of
building styles, materials, and forms of construction, of many different
periods, but together forming a harmonious group. Further general advice
on design considerations which are relevant to the exercise of planning
controls is given in Annex A to PPG 1. 2.15
Some historic buildings are scheduled ancient monuments, and many which
are not scheduled are either of intrinsic archaeological interest or
stand on ground which contains archaeological remains. It is important
in such cases that there should be appropriate assessment of the
archaeological implications of development proposals before applications
are determined; and that, where permission is to be granted, authorities
should consider whether adequate arrangements have been made for
recording remains that would be lost in the course of works for which
permission is being sought. Further advice on archaeology and planning
is given in PPG 16. The setting of listed
buildings
2.16
Sections 16 and 66 of the Act require authorities considering
applications for planning permission or listed building consent for
works which affect a listed building to have special regard to certain
matters, including the desirability of preserving the setting of the
building. The setting is often an essential part of the building's
character, especially if a garden or grounds have been laid out to
complement its design or function. Also, the economic viability as well
as the character of historic buildings may suffer and they can be robbed
of much of their interest, and of the contribution they make to
townscape or the countryside, if they become isolated from their
surroundings, e.g. by new traffic routes, car parks, or other
development. 2.17
Local planning authorities are required under section 67 of the Act to
publish a notice of all applications they receive for planning
permission for any development which, in their opinion, affects the
setting of a listed building. This provision should not be interpreted
too narrowly: the setting of a building may be limited to obviously
ancillary land, but may often include land some distance from it. Even
where a building has no ancillary land - for example in a crowded urban
street - the setting may encompass a number of other properties. The
setting of individual listed buildings very often owes its character to
the harmony produced by a particular grouping of buildings (not
necessarily all of great individual merit) and to the quality of the
spaces created between them. Such areas require careful appraisal when
proposals for development are under consideration, even if the
redevelopment would only replace a building which is neither itself
listed nor immediately adjacent to a listed building. Where a listed
building forms an important visual element in a street, it would
probably be right to regard any development in the street as being
within the setting of the building. A proposed high or bulky building
might also affect the setting of a listed building some distance away,
or alter views of a historic skyline. In some cases, setting can only be
defined by a historical assessment of a building's surroundings. If
there is doubt about the precise extent of a building's setting, it is
better to publish a notice. Changes of use
2.18
New uses may often be the key to a building's or area's preservation,
and controls over land use, density, plot ratio, daylighting and other
planning matters should be exercised sympathetically where this would
enable a historic building or area to be given a new lease of life. The
Secretary of State is not generally in favour of tightening development
controls over changes of use as a specific instrument of conservation
policy. He considers that, in general, the same provisions on change of
use should apply to historic buildings as to all others. Patterns of
economic activity inevitably change over time, and it would be
unrealistic to seek to prevent such change by the use of planning
controls. 2.19
Advice on the planning aspects of re-use and adaptation of rural
buildings is given in PPG 7 (paragraph 2.15
and Annex D). English Heritage has also issued guidance entitled The
Conversion of Historic Farm Buildings. Special considerations apply
in Green Belts (see PPG 2). Article 4 directions for
listed buildings
2.20
Under article 5 of the GDO, directions under article 4 bringing certain
categories of permitted development within planning control can be made
by local authorities without the need for approval by the Secretary of
State if they relate solely to a listed building or to development
within the curtilage of a listed building, provided they do not affect
the carrying out of development by a statutory undertaker. Authorities
are reminded that permitted development rights should not be restricted
without good reason; but there will nevertheless be cases where it will
be desirable to invoke this power to ensure that the immediate setting
of a listed building is protected when minor development is proposed.
For example, farm buildings converted to new uses may otherwise generate
curtilage developments - such as garages, fuel tanks or fences - that
may not be suitable in an agricultural setting. Planning controls and other
aspects of the historic environment
2.21
Listed buildings and conservation areas are treated in sections 3 and 4
below. Other aspects of the historic environment are considered briefly
here. World Heritage Sites
2.22
Details of World Heritage Sites in England are given in paragraph 6.35.
No additional statutory controls follow from the inclusion of a site in
the World Heritage list. Inclusion does, however, highlight the
outstanding international importance of the site as a key material
consideration to be taken into account by local planning authorities in
determining planning and listed building consent applications, and by
the Secretary of State in determining cases on appeal or following
call-in. 2.23
Each local authority concerned, taking account of World Heritage Site
designation and other relevant statutory designations, should formulate
specific planning policies for protecting these sites and include these
policies in their development plans. Policies should reflect the fact
that all these sites have been designated for their outstanding
universal value, and they should place great weight on the need to
protect them for the benefit of future generations as well as our own.
Development proposals affecting these sites or their setting may be
compatible with this objective, but should always be carefully
scrutinised for their likely effect on the site or its setting in the
longer term. Significant development proposals affecting World Heritage
Sites will generally require formal environmental assessment, to ensure
that their immediate impact and their implications for the longer term
are fully evaluated (see paragraph 2.13 above). Historic parks and gardens
2.24
Again no additional statutory controls follow from the inclusion of a
site in English Heritage's Register of Parks and Gardens of Special
Historic Interest (see paragraph 6.38), but local planning authorities
should protect registered parks and gardens in preparing development
plans and in determining planning applications. The effect of proposed
development on a registered park or garden or its setting is a material
consideration in the determination of a planning application. Planning
and highway authorities should also safeguard registered parks or
gardens when themselves planning new developments or road schemes. Historic battlefields
2.25
A similar non-statutory Register of Historic Battlefields is being
prepared by English Heritage (see paragraph 6.39). This will not entail
additional statutory controls, but, when consultation with landowners
and others on the content of the Register is complete, it too will need
to be taken into account by local planning authorities. The effects of
any development on the limited number of registered sites will form a
material consideration to be taken into account in determining planning
applications. The wider historic
landscape
2.26
Conservation of the wider historic landscape greatly depends on active
land management, but there is nevertheless a significant role for local
planning authorities. In defining planning policies for the countryside,
authorities should take account of the historical dimension of the
landscape as a whole rather than concentrate on selected areas. Adequate
understanding is an essential preliminary and authorities should assess
the wider historic landscape at an early stage in development plan
preparation. Plans should protect its most important components and
encourage development that is consistent with maintaining its overall
historic character. Indeed, policies to strengthen the rural economy
through environmentally sensitive diversification may be among the most
important for its conservation. 3. Listed
Building Control
3.1
Section 1 of the Act imposes on the Secretary of State for National
Heritage a duty to compile or approve lists of buildings of special
architectural or historic interest. The Secretary of State's policy for
the listing of such buildings is set out in paragraphs 6.10-6.16. Once a
building is listed (or is the subject of a building preservation
notice), section 7 of the Act provides that consent is normally required
for its demolition, in whole or in part, and for any works of alteration
or extension which would affect its character as a building of special
architectural or historic interest. It is a criminal offence to carry
out such works without consent, which should be sought from the local
planning authority. This section sets out the main elements of
Government policy for listed building controls. Details of the
procedures are summarised in Annex B. 3.2
Controls apply to all works, both external and internal, that would
affect a building's special interest, whether or not the particular
feature concerned is specifically mentioned in the list description.
Consent is not normally required for repairs, but, where repairs involve
alterations which would affect the character of the listed building,
consent is required. Whether repairs actually constitute alterations
which require consent is a matter of fact and degree which must be
determined in each case. Where painting or repainting the exterior or
interior of a listed building would affect the building's character,
consent is required. Further detailed guidance on alterations to listed
buildings, prepared by English Heritage, is given in Annex C. The
Secretaries of State commend this guidance and ask all local planning
authorities to take it into account in their exercise of listed building
and development controls. Whether proposed works constitute alterations
or a demolition is again a matter of fact and degree. Fixtures and
curtilage buildings - ie. any object or structure which is fixed to the
building, or is within the curtilage and forms part of the land and has
done so since before July 1948 - are also treated as part of the
building for the purposes of listed building control (see paragraphs 3.30-3.36
below). 3.3
The importance which the Government attaches to the protection of the
historic environment was explained in paragraphs 1.1-1.7 above. Once
lost, listed buildings cannot be replaced; and they can be robbed of
their special interest as surely by unsuitable alteration as by outright
demolition. They represent a finite resource and an irreplaceable asset.
There should be a general presumption in favour of the preservation of
listed buildings, except where a convincing case can be made out,
against the criteria set out in this section, for alteration or
demolition. While the listing of a building should not be seen as a bar
to all future change, the starting point for the exercise of listed
building control is the statutory requirement on local planning
authorities to 'have special regard to the desirability of preserving
the building or its setting or any features of special architectural or
historic interest which it possesses' (section 16). This reflects the
great importance to society of protecting listed buildings from
unnecessary demolition and from unsuitable and insensitive alteration
and should be the prime consideration for authorities in determining an
application for consent. 3.4
Applicants for listed building consent must be able to justify their
proposals. They will need to show why works which would affect the
character of a listed building are desirable or necessary. They should
provide the local planning authority with full information, to enable
them to assess the likely impact of their proposals on the special
architectural or historic interest of the building and on its setting. General criteria
3.5
The issues that are generally relevant to the consideration of all
listed building consent applications are:
ii.
the particular physical features of the building (which may
include its design, plan, materials or location) which justify its
inclusion in the list: list descriptions may draw attention to features
of particular interest or value, but they are not exhaustive and other
features of importance (eg. interiors) may come to light after the
building's inclusion in the list;
3.6
The grading of a building in the statutory lists is clearly a material
consideration for the exercise of listed building control. Grades I and
II* identify the outstanding architectural or historic interest of a
small proportion (about 6%) of all listed buildings. These buildings are
of particularly great importance to the nation's built heritage: their
significance will generally be beyond dispute. But it should be
emphasised that the statutory controls apply equally to all listed
buildings, irrespective of grade; and since Grade II includes about 94%
of all listed buildings, representing a major element in the historic
quality of our towns, villages and countryside, failure to give careful
scrutiny to proposals for their alteration or demolition could lead to
widespread damage to the historic environment. 3.7
The following paragraphs deal first with alterations and extensions and
then with demolitions, though considerations relevant to the two types
of case to some extent overlap. For instance, some of the considerations
set out in paragraph 3.19, in relation to demolitions, may also be relevant to substantial works
of alteration or extension which would significantly alter the character
of a listed building. Since listed building consent applications will
often raise the issue of the most appropriate use for a building, the
question of use is also discussed here. Use
3.8
Generally the best way of securing the upkeep of historic buildings and
areas is to keep them in active use. For the great majority this must
mean economically viable uses if they are to survive, and new, and even
continuing, uses will often necessitate some degree of adaptation. The
range and acceptability of possible uses must therefore usually be a
major consideration when the future of listed buildings or buildings in
conservation areas is in question. 3.9
Judging the best use is one of the most important and sensitive
assessments that local planning authorities and other bodies involved in
conservation have to make. It requires balancing the economic viability
of possible uses against the effect of any changes they entail in the
special architectural and historic interest of the building or area in
question. In principle the aim should be to identify the optimum viable
use that is compatible with the fabric, interior, and setting of the
historic building. This may not necessarily be the most profitable use
if that would entail more destructive alterations than other viable
uses. Where a particular compatible use is to be preferred but
restoration for that use is unlikely to be economically viable, grant
assistance from the authority, English Heritage or other sources may
need to be considered. 3.10
The best use will very often be the use for which the building was
originally designed, and the continuation or reinstatement of that use
should certainly be the first option when the future of a building is
considered. But not all original uses will now be viable or even
necessarily appropriate: the nature of uses can change over time, so
that in some cases the original use may now be less compatible with the
building than an alternative. For example, some business or light
industrial uses may now require less damaging alterations to historic
farm buildings than some types of modern agricultural operation.
Policies for development and listed building controls should recognise
the need for flexibility where new uses have to be considered to secure
a building's survival. 3.11
If a building is so sensitive that it cannot sustain any alterations to
keep it in viable economic use, its future may nevertheless be secured
by charitable or community ownership, preserved for its own sake for
local people and for the visiting public, where possible with
non-destructive opportunity uses such as meeting rooms. Many listed
buildings subsist successfully in this way - from the great houses of
the National Trust to buildings such as guildhalls, churches and
windmills cared for by local authorities or trusts - and this
possibility may need to be considered. The Secretaries of State attach
particular importance to the activities of the voluntary sector in
heritage matters: it is well placed to tap local support, resources and
loyalty, and buildings preserved in its care can make a contribution to
community life, to local education, and to the local economy. Alterations and extensions
3.12
Many listed buildings are already in well-established uses, and any
changes need be considered only in this context. But where new uses are
proposed, it is important to balance the effect of any changes on the
special interest of the listed building against the viability of any
proposed use and of alternative, and possibly less damaging, uses. In
judging the effect of any alteration or extension it is essential to
have assessed the elements that make up the special interest of the
building in question. They may comprise not only obvious visual features
such as a decorative facade or, internally, staircases or decorated
plaster ceilings, but the spaces and layout of the building and the
archaeological or technological interest of the surviving structure and
surfaces. These elements are often just as important in simple
vernacular and functional buildings as in grander architecture. 3.13
Many listed buildings can sustain some degree of sensitive alteration or
extension to accommodate continuing or new uses. Indeed, cumulative
changes reflecting the history of use and ownership are themselves an
aspect of the special interest of some buildings, and the merit of some
new alterations or additions, especially where they are generated within
a secure and committed long-term ownership, should not be discounted.
Nevertheless, listed buildings do vary greatly in the extent to which
they can accommodate change without loss of special interest. Some may
be sensitive even to slight alterations; this is especially true of
buildings with important interiors and fittings - not just great houses,
but also, for example, chapels with historic fittings or industrial
structures with surviving machinery. Some listed buildings are the
subject of successive applications for alteration or extension: in such
cases it needs to be borne in mind that minor works of indifferent
quality, which may seem individually of little importance, can
cumulatively be very destructive of a building's special interest. 3.14
As noted above, the listing grade is a material consideration but is not
of itself a reliable guide to the sensitivity of a building to
alteration or extension. For example, many Grade II buildings are of
humble and once common building types and have been listed precisely
because they are relatively unaltered examples of a particular building
type; so they can as readily have their special interest ruined by
unsuitable alteration or extension as can Grade I or II* structures. 3.15
Achieving a proper balance between the special interest of a listed
building and proposals for alterations or extensions is demanding and
should always be based on specialist expertise; but it is rarely
impossible, if reasonable flexibility and imagination are shown by all
parties involved. Thus, a better solution may be possible if a local
planning authority is prepared to apply normal development control
policies flexibly; or if an applicant is willing to exploit unorthodox
spaces rather than set a standardized requirement; or if an architect
can respect the structural limitations of a building and abandon
conventional design solutions in favour of a more imaginative approach.
For example, standard commercial office floor-loadings are rarely needed
in all parts of a building, and any unusually heavy loads can often be
accommodated in stronger areas such as basements. The preservation of
facades alone, and the gutting and reconstruction of interiors, is not
normally an acceptable approach to the re-use of listed buildings: it
can destroy much of a building's special interest and create problems
for the long-term stability of the structure. Demolitions
3.16
While it is an objective of Government policy to secure the preservation
of historic buildings, there will very occasionally be cases where
demolition is unavoidable. Listed building controls ensure that
proposals for demolition are fully scrutinised before any decision is
reached. These controls have been successful in recent years in keeping
the number of total demolitions very low. The destruction of historic
buildings is in fact very seldom necessary for reasons of good planning:
more often it is the result of neglect, or of failure to make
imaginative efforts to find new uses for them or to incorporate them
into new development. 3.17
There are many outstanding buildings for which it is in practice almost
inconceivable that consent for demolition would ever be granted. The
demolition of any Grade I or Grade II* building should be wholly
exceptional and should require the strongest justification. Indeed, the
Secretaries of State would not expect consent to be given for the total
or substantial demolition of any listed building without clear and
convincing evidence that all reasonable efforts have been made to
sustain existing uses or find viable new uses, and these efforts have
failed; that preservation in some form of charitable or community
ownership is not possible or suitable (see paragraph 3.11);
or that redevelopment would produce substantial benefits for the
community which would decisively outweigh the loss resulting from
demolition. The Secretaries of State would not expect consent to
demolition to be given simply because redevelopment is economically more
attractive to the developer than repair and re-use of a historic
building, or because the developer acquired the building at a price that
reflected the potential for redevelopment rather than the condition and
constraints of the existing historic building. 3.18
Where proposed works would not result in the total or substantial
demolition of the listed building or any significant part of it, the
Secretaries of State would expect the local planning authority to
address the same considerations as it would in relation to an
application in respect of alterations or extensions (see paragraphs 3.12
to 3.15 above). 3.19
Where proposed works would result in the total or substantial demolition
of the listed building, or any significant part of it, the Secretaries
of State would expect the authority, in addition to the general
considerations set out in paragraph 3.5 above, to address the following considerations:
Called-in applications
3.20
The Secretary of State may require applications for listed building
consent to be referred to him for decision, but this call-in power has
only been exercised in a small number of cases per year in recent years.
The policy of the Secretary of State is to be very selective about
calling in listed building consent cases. 3.21
Cases are likely to be called in where the Secretary of State considers
that the proposals raise issues of exceptional significance or
controversy. It may also happen that an application for listed building
consent is received by a local planning authority when a related matter
(eg. a planning appeal, a called-in planning application or a compulsory
purchase order) is being considered by the Secretary of State. Unless it
is clear that the listed building consent application can reasonably be
dealt with separately, such an application will normally be called in. Recording buildings
3.22
The Royal Commission on the Historical Monuments of England must be
notified of all proposals to demolish listed buildings, and allowed
access to buildings which it wishes to record before demolition takes
place. There are other circumstances where notification may also be
appropriate - for instance, where the exterior of a building is likely
to be radically changed as a consequence of major repairs, alteration or
extension, or where interior work of significance will be lost, affected
by subdivision, or substantially rebuilt. 3.23
Local planning authorities should also consider, in all cases of
alteration or demolition, whether it would be appropriate to make it a
condition of consent that applicants arrange suitable programmes of
recording of features that would be destroyed in the course of the works
for which consent is being sought. Authorities should not, however,
require applicants to finance such programmes in return for the granting
of consent. Nor should applicants expect to be granted consent merely
because they have arranged suitable programmes. (For recording of
archaeological remains see paragraph 2.15). 3.24
Hidden features of interest are sometimes revealed during works of
alteration, especially in older or larger buildings: chimney pieces,
fireplaces, early windows and doors, panelling, wattle-and-daub
partitions and even wall-paintings may come to light. Applicants for
listed building consent should be made aware of this possibility and
should seek the advice of the local planning authority when such things
are found. If there is any likelihood that hidden features will be
revealed, the local planning authority should attach an appropriate
condition to the listed building consent to ensure their retention or
proper recording, or should require exploratory opening up, with listed
building consent as necessary, before considering consent for the main
works. Advice to owners
3.25
Owners of listed buildings should be encouraged to seek expert advice on
whether proposed works require listed building consent, and on the best
way to carry out any such works to their property. Many will need to
obtain professional advice anyway, but the Secretaries of State hope
that local planning authorities will give owners informal advice where
they can or guide them to other sources where they can get advice for
themselves. English Heritage publishes much specialist advice on the
care of historic buildings and can sometimes give advice on individual
cases, especially where unusual problems are encountered. The national
amenity societies are willing to offer advice to individual owners
whenever possible. The Royal Commission on the Historical Monuments of
England may have a record of a building and its reports and photographs
may be available for guidance in understanding the structure and its
evolution. Building and fire
legislation; access for disabled people; house renovation grants
3.26
In exercising their responsibilities for the safety of buildings under
the building and fire legislation, local planning authorities should
deal sympathetically with proposals for the repair or conversion of
historic buildings. The Building Regulations should be operated in a way
which avoids removal of features which contribute to the character of a
listed building and are part of the reason for its being listed.
Sufficient flexibility exists within the Building Regulations and Fire
Precautions Act systems for authorities to have regard to the possible
impact of proposals on the historical or architectural value of a
building, and authorities should consult their own conservation
officers, or seek expert advice from other sources, when handling
difficult situations. It is particularly important that there should be
a flexible approach to structural matters, to ensure that any changes
are in character with the rest of the building and that there is no
unacceptable damage to the fabric. In order to ensure that requirements
which are unacceptable in terms of a historic building can be considered
as part of a listed building consent application, the precise Building
and Fire Regulations requirements should be made explicit before an
application has been determined. A successful outcome is more likely to
be negotiated if the authorities have been consulted from the outset. 3.27
For the longer term, local planning authorities should be aware of the Report
of the Review of the Fire Safety Legislation and Enforcement which
was published on 22 June 1994. The scrutiny was asked to review all
legislation for which the Home Office, the Department of the Environment
and the Health and Safety Executive have policy responsibility in
relation to fire safety; to review the arrangements for enforcing the
legislation; and to examine the practicability of bringing policy
responsibility for fire safety together in a single department. The
Report makes 61 recommendations, but Ministers are committed to full
consultation before any proposals for changing the existing arrangements
are made. 3.28
It is important in principle that disabled people should have dignified
easy access to and within historic buildings. If it is treated as part
of an integrated review of access requirements for all visitors or
users, and a flexible and pragmatic approach is taken, it should
normally be possible to plan suitable access for disabled people without
compromising a building's special interest. Alternative routes or
re-organizing the use of spaces may achieve the desired result without
the need for damaging alterations. 3.29
Where a local planning authority proposes to grant-aid renovation work
to a listed house or a house in a conservation area, care should be
taken to ensure that standard grant conditions (eg. for damp proofing or
insulation) are not imposed in a way which would be damaging to the
historic character of the building. In such cases housing and
environmental health departments should consult with the authority's
conservation officer or seek expert advice from other sources. Details
of grants available are given in the Department of the Environment
publication House Renovation Grants. Fixtures and curtilage
structures
3.30
It is important to know the extent of a listing, not just to determine
whether listed building consent is needed for works, but also to
determine the payment of VAT and business rates. List descriptions are
for the purposes of identification and are not a comprehensive or
exclusive record of all features - see paragraph 6.19. Section 1(5) of
the Act sets out the meaning of a listed building for the purposes of
the Act: a listed building is one included in a list compiled or
approved by the Secretary of State and includes 'any object or structure
fixed to the building' and 'any object or structure within the curtilage
of the building which, although not fixed to the building, forms part of
the land and has done so since before 1 July 1948'. The Courts have
considered in a number of cases in this context the meaning of 'any
object or structure fixed to the building' and 'curtilage'. 3.31
The listing of a building confers protection not only on the building,
but also on any object or structure fixed to the building which is
ancillary to the building. The word 'fixed' has the same connotation as
in the law of fixtures. These well-known rules provide that any object
or structure fixed to a building should be treated as part of it. It is
a test therefore of fact in each case as to whether a structure is
free-standing or physically fixed to the building. Generally it would be
reasonable to expect some degree of physical annexation, together with
indications that the annexation was carried out with the intention of
making the object an integral part of the land or building. In the light
of this test, items such as chimney-pieces, wall panelling and painted
or plastered ceilings will normally be found to be part of the building. 3.32
It may be difficult in some individual cases to decide whether a
particular object or structure is a fixture or not. Free-standing
objects, eg. statues, may be fixtures if they were put in place as part
of an overall architectural design; this could include objects specially
designed or made to fit in a particular space or room. But works of art
which were placed in a building primarily to be enjoyed as objects in
their own right, rather than forming part of the land or the building,
are not likely to be properly considered as fixtures. Each case must be
treated in the light of its own facts, and owners who are contemplating
works are advised to contact their local planning authority first. 3.33
The listing of a building confers protection also on any object or
structure within its curtilage which forms part of the land and has done
so since before 1 July 1948. Following recent case law, the Secretary of
State for National Heritage has attempted to consider individually all
the structures and buildings on a site which can be construed as
separate buildings and to list those which qualify for listing. There
will still be circumstances, however, where a structure or building
forms part of land which surrounds or is connected to or serves a listed
building, and landowners and local planning authorities will need to
consider on the facts of each case whether it forms part of the land and
falls within the curtilage of the listed building. 3.34
The principal tests as to whether an object or structure is within the
curtilage of a listed building relate to the physical layout of the land
surrounding the listed building at the date of the statutory listing and
the relationship of the structures on the surrounding land to each
other. Changes in ownership, occupation or use after the listing date
will not bring about the de-listing of a building which formed part of
the principal building at the date of listing. The Courts have held that
for a structure or building within the curtilage of a listed building to
be part of a listed building it must be ancillary to the principal
building, that is it must have served the purposes of the principal
building at the date of listing, or at a recent time before the date of
listing, in a necessary or reasonably useful way and must not be
historically an independent building. Where a self-contained building
was fenced or walled-off from the remainder of the site at the date of
listing, regardless of the purpose for which it was erected and is
occupied, it is likely to be regarded as having a separate curtilage.
The structure or building must still form part of the land, and this
probably means that there must be some degree of physical annexation to
the land. 3.35
Considerations which may assist local planning authorities in forming
their own views, or giving advice if requested, include: - the historical independence of the building; - the physical layout of the principal building and other buildings; - the ownership of the buildings now and at the time of listing; - whether the structure forms part of the land; - the use and function of the buildings, and whether a building is
ancillary or subordinate to the principal building. 3.36
It is always necessary to recognise, however, that the question of
whether a building, structure or object is within the curtilage of, or
is fixed to, the principal building, unless specifically included in the
listing, is in any particular case a matter of fact and ultimately a
matter for the Courts. Great caution must, therefore, be exercised in
attempting to extrapolate any general principles from recent decisions
and this guidance does not purport to be definitive. Local authority
applications
3.37
A county council (where not a local planning authority) is required to
make its applications for listed building consent to the relevant
district planning authority, which should consider them against the
normal criteria. Local planning authorities are normally required to
make their own applications to the Secretary of State, whether or not
they themselves own the listed building in question. The Secretaries of
State ask authorities to deal with their own buildings in ways which
will provide examples of good practice to other owners. It is
particularly important that every effort should be made to maintain
historic buildings in good condition, and to find appropriate new uses
for buildings in authority ownership which are no longer in active use.
Prompt disposal is important: empty buildings should not be retained on
a contingency basis, with all the risk of neglect and disrepair that
this can create. 3.38
The Secretary of State will be particularly concerned to ensure that
local planning authorities take full account of the policies set out in
this PPG, and will not be disposed to grant consent for the demolition
of listed buildings in authorities' ownership unless there is clear and
convincing evidence that alternative possibilities for new ownership and
new uses have been thoroughly explored. Churches and Crown
buildings
3.39
Special provisions apply to ecclesiastical buildings in use for
ecclesiastical purposes, which are in some circumstances exempt from
listed building and conservation area controls. Details of the
arrangements which apply to such buildings are given in section 8. 3.40
The Crown is currently exempt from listed building and conservation area
controls; but the Government has undertaken that Crown bodies will
normally operate as if these controls did apply (see Department of the
Environment Circular 18/84). English Heritage should be
notified of Crown developments on the same basis as normal applications.
Proposals have been published for the removal of Crown exemption in
planning and conservation matters; pending the necessary legislation,
the arrangements in Circular 18/84 continue to apply. 3.41
Works by English Heritage on monuments, buildings or land which are
owned by or in the care of the Secretary of State for National Heritage
and which they are managing on his behalf are treated as Crown
development and the procedures in Circular 18/84 will apply. If
English Heritage wishes to carry out works to other listed buildings, or
demolish an unlisted building in a conservation area, it must obtain
listed building or conservation area consent. The Secretary of State has
directed that all such applications should be referred to him. The
authority should advertise such applications as they would any other
private application and forward any representations received, together
with their own comments, to the appropriate regional Government Office. Listed building consent for
works already executed
3.42
Section 8(3) of the Act allows listed building consent to be sought even
though the works have already been completed. Applications for consent
to retain such works should follow the same procedures as other listed
building consent applications and should contain sufficient information
(see Annex B paragraph B.3). Local planning authorities should not grant
consent merely to recognise a fait accompli; they should consider
whether they would have granted consent for the works had it been sought
before they were carried out, while having regard to any subsequent
matters which may be relevant. If the work is not of a suitable type or
standard, consent should not normally be given, and the risk of
prosecution or enforcement action will remain. If consent is granted, it
is not retrospective; the works are authorised only from the date of the
consent. A prosecution may still be brought for the initial offence. Enforcement
3.43
If work is carried out without consent, a local planning authority can
issue a listed building enforcement notice (section 38). The notice may
(a) require the building to be brought back to its former state; or (b),
if that is not reasonably practicable or desirable, require other works
specified in the notice to alleviate the effects of the unauthorised
works; or (c) require the building to be brought into the state it would
have been in if the terms of any listed building consent had been
observed. It was held in the case of Bath City Council v Secretary of
State for the Environment ([1983] JPL 737) that this provision could not
be used to secure an improvement to a listed building compared to its
state before the unauthorised works were carried out. There is a right
of appeal to the Secretary of State against a notice; the appeal
procedures are generally similar to those for enforcement of development
control following the Planning and Compensation Act 1991, although there
are no provisions equivalent to a planning contravention notice, nor is
there any limitation on the period within which a listed building
enforcement notice must be issued. If works subject to a listed building
enforcement notice are later authorised under section 8(3), the
enforcement notice will cease to have effect in relation to those works,
although the liability to prosecution for an offence committed before
the date of consent remains. Breach of a listed building enforcement
notice is itself an offence, with financial penalties parallel to those
for a breach of listed building control. Prosecutions
3.44
It is a criminal offence to execute, or cause to be executed, without
first obtaining listed building consent any works for the demolition, in
whole or part, of a listed building or any works of alteration or
extension which would affect its special interest, or to fail to comply
with the terms of any condition attached to a consent (section 9). This
includes the theft of architectural fixtures. The current penalty for
conviction in a magistrates' court is a fine of up to £20,000 or
imprisonment for up to six months (or both), whilst on conviction in the
Crown Court an unlimited fine or a prison sentence of up to two years
(or both) may be imposed. In determining the amount of any fine, a
magistrates' court or the Crown Court must have regard to any financial
benefit which has accrued or may accrue from the offence. 3.45
In proceedings for an offence under section 9 it is a defence to prove
all of the following matters: (a) that works to the building were urgently necessary in the interests
of safety or health or for the preservation of the building; (b) that it was not practicable to secure safety or health or, as the
case may be, to preserve the building by works of repair or works for
affording temporary support or shelter; (c) that the works carried out were limited to the minimum measures
immediately necessary; and (d) that notice in writing justifying in detail the carrying out of the
works was given to the local planning authority as soon as reasonably
practicable. 3.46
Anyone - individuals as well as English Heritage and local planning
authorities - can start proceedings. English Heritage and planning
authorities can also seek injunctions for breaches of listed building
control. A prosecution may also be initiated under section 59 where
deliberate damage is caused to a listed building by an owner or his
agent, for which financial penalties are provided. 3.47
Local planning authorities will obviously need to consider, when faced
with a breach of listed building control, whether to take enforcement
action or to prosecute or both. Enforcement may be intrinsically
desirable for the benefit of the building in question, while the work
entailed by enforcement may also represent a sufficient response to the
offence. However, unauthorised work may often destroy historic fabric
the special interest of which cannot be restored by enforcement.
Moreover, well-publicised successful prosecutions can provide a valuable
deterrent to wilful damage to, or destruction of, listed buildings, and
it is the Secretary of State's policy to encourage proceedings where it
is considered that a good case can be sustained. 3.48
Prosecution and enforcement relate to breaches of listed building
control that have already occurred. Where such a breach is continuing or
there is good reason to suppose it is about to occur, authorities should
consider seeking an injunction to stop or prevent it. Since a breach of
listed building control (unlike development control) is itself a
criminal offence, there is no need or statutory provision for stop
notices. Authorities may, of course, find written warnings useful
deterrents. Injunctions can be obtained speedily from the Court even
where the actual or expected offender is not present before the Court,
or indeed where his or her identity is not known; the essential
ingredient is to satisfy the Court that the application is soundly
based. In the case of an interim injunction the Court would normally ask
the applicant to compensate the restrained party for any costs the
latter might incur as a result of the interim injunction if the Court
refuse to grant a final injunction. Anyone who refuses to comply with an
injunction is in contempt of Court and may be fined or imprisoned (or
both). 4.
Conservation Areas
4.1
Section 69 of the Act imposes a duty on local planning authorities to
designate as conservation areas any 'areas of special architectural or
historic interest the character or appearance of which it is desirable
to preserve or enhance'. There are now more than 8,000 conservation
areas in England. Whilst listing procedures are focused on the
protection of individual buildings, conservation area designation is the
main instrument available to authorities to give effect to conservation
policies for a particular neighbourhood or area. Designation introduces
a general control over the demolition of unlisted buildings and provides
the basis for policies designed to preserve or enhance all the aspects
of character or appearance that define an area's special interest. Assessment and designation
of conservation areas
4.2
It is the quality and interest of areas, rather than that of individual
buildings, which should be the prime consideration in identifying
conservation areas. There has been increasing recognition in recent
years that our experience of a historic area depends on much more than
the quality of individual buildings - on the historic layout of property
boundaries and thoroughfares; on a particular 'mix' of uses; on
characteristic materials; on appropriate scaling and detailing of
contemporary buildings; on the quality of advertisements, shop fronts,
street furniture and hard and soft surfaces; on vistas along streets and
between buildings; and on the extent to which traffic intrudes and
limits pedestrian use of spaces between buildings. Conservation area
designation should be seen as the means of recognising the importance of
all these factors and of ensuring that conservation policy addresses the
quality of townscape in its broadest sense as well as the protection of
individual buildings. 4.3
Local planning authorities also have under section 69 a duty to review
their areas from time to time to consider whether further designation of
conservation areas is called for. In some districts, areas suitable for
designation may have been fully identified already; and in considering
further designations authorities should bear in mind that it is
important that conservation areas are seen to justify their status and
that the concept is not devalued by the designation of areas lacking any
special interest. Authorities should seek to establish consistent local
standards for their designations and should periodically review existing
conservation areas and their boundaries against those standards:
cancellation of designation should be considered where an area or part
of an area is no longer considered to possess the special interest which
led to its original designation. 4.4
The more clearly the special architectural or historic interest that
justifies designation is defined and recorded, the sounder will be the
basis for local plan policies and development control decisions, as well
as for the formulation of proposals for the preservation and enhancement
of the character or appearance of an area. The definition of an area's
special interest should derive from an assessment of the elements that
contribute to (and detract from) it. Conservation areas vary greatly,
but certain aspects will almost always form the basis for a coherent
assessment: the topography - for example, thoroughfares and property
boundaries - and its historical development; the archaeological
significance and potential; the prevalent building materials; the
character and hierarchy of spaces; the quality and relationship of
buildings in the area and also of trees and other green features. The
assessment should always note those unlisted buildings which make a
positive contribution to the special interest of the area. More detailed
advice on assessment and on other aspects of the management of
conservation areas is set out in English Heritage's guidance note Conservation
Area Practice. 4.5
The principal concern of a local planning authority in considering the
designation of a conservation area should be to form a judgement on
whether the area is of special architectural or historic interest the
character or appearance of which it is desirable to preserve or enhance.
In deciding whether it is desirable to designate, an authority may take
into account the resources likely to be required, not only for the
administration of conservation area controls, but also for consultation
with local residents and formulation of policies for a new area: without
follow-up, designation is unlikely to be effective in itself. An
authority's justification for designation, as reflected in its
assessment of an area's special interest and its character and
appearance, is a factor which the Secretary of State will take into
account in considering appeals against refusals of conservation area
consent for demolition, and appeals against refusals of planning
permission (see also paragraph 2.9). 4.6
Given the nature of conservation area controls - essentially controls
over demolition; strengthened controls over minor development; and the
protection of trees - designation is not likely to be appropriate as a
means of protecting landscape features, except where they form an
integral part of the historic built environment and that factor needs to
be taken into account in considering any planning applications which
would affect them. The Courts have held that it is legitimate in
appropriate circumstances to include within a conservation area the
setting of buildings that form the heart of that area (R v Canterbury
City Council ex parte David Halford, February 1992;
CO/2794/1991). Designation is clearly not a proper means of controlling
activities (eg. agricultural operations) which do not fall within the
definition of development. Designation may well, however, be suitable
for historic parks or gardens and other areas of historic landscape
containing structures that contribute to their special interest and that
fall within the categories subject to conservation area controls. Where
there are no other reasons for designating a conservation area, trees
may instead be protected by means of a tree preservation order. 4.7
There is no statutory requirement to consult prior to designation or
cancellation of designation, but it will be highly desirable that there
should be consultation with local residents, businesses and other local
interests (eg. amenity bodies), over both the identification of areas
and the definition of their boundaries. The greater the public support
that can be enlisted for designation before it takes place, the more
likely it is that policies for the area will be implemented voluntarily
and without the need for additional statutory controls. Local planning
authorities should advise English Heritage and the appropriate regional
Government Office when conservation areas are designated. 4.8
English Heritage and the Secretary of State for National Heritage also
have powers to designate conservation areas, but look to local planning
authorities in the first instance to consider the case for designation.
English Heritage's powers relate to London only, where they are required
to consult the London borough council concerned and to obtain the
Secretary of State's consent to designation. The Secretary of State must
also consult the authorities concerned before using his powers of
designation. His policy is to use his own powers only in exceptional
cases, for instance where an area is of more than local interest; or
where there is evidence to suggest that an authority's ownership of
important buildings may have influenced a decision not to use its own
powers, and there is a clear threat to the character or appearance of
the area. The Secretary of State may also apply such criteria when
requested to approve the use of English Heritage's powers. Policies for conservation
areas
4.9
Section 71 of the Act places a duty on local planning authorities to
formulate and publish proposals for the preservation and enhancement of
conservation areas. It is important that designation is not seen as an
end in itself: policies will almost always need to be developed which
clearly identify what it is about the character or appearance of the
area which should be preserved or enhanced, and set out the means by
which that objective is to be pursued. Clear assessment and definition
of an area's special interest and the action needed to protect it will
help to generate awareness and encourage local property owners to take
the right sort of action for themselves. 4.10
The Act requires proposals for the preservation and enhancement of a
conservation area to be submitted for consideration to a 'public
meeting' in the area, but wider consultation will almost always be
desirable, both on the assessment of special interest and on proposals
for the area. Consultation should be undertaken not only with local
residents and amenity societies but also with chambers of commerce,
public utilities, and the highway authority. The character and
appearance of many conservation areas is heavily dependent on the
treatment of roads, pavements and other public spaces (see paragraphs
5.13-5.18). It is important that conservation policies are fully
integrated with other policies for the area, eg. for shopping and
traffic management. Account should also be taken of wider policies (eg.
for house renovation grants) which may affect the area's character or
appearance. The preparation of local plans provides the best opportunity
for integrating conservation policies with wider policies for the area,
though a local planning authority's detailed statement of proposals for
the conservation area should not itself be part of the development plan
(see paragraphs 2.9 above and 4.15
below). Carefully targeted grant schemes using the authority's powers
under section 57 of the Act to help with repair and enhancement should
also be considered as part of the policy for an area. In certain cases
English Heritage Conservation Area Partnership funding may be available. Vacant premises over shops
4.11
Bringing vacant upper floors back into use, particularly residential
use, not only provides additional income and security for the shop
owner, but also helps to ensure that what are often important townscape
buildings are kept in good repair it meets a widespread need for small
housing units and helps to sustain activity in town centres after
working hours. Local planning authorities are urged to develop policies
to secure better use of vacant upper premises, eg. by giving careful
consideration to planning applications for shop conversions which would
eliminate separate accesses to upper floors; by working with housing
associations to secure residential conversions; and through the house
renovation grant system. Local information and
consultation
4.12
Once policies for a particular area have been formulated, they should be
made available to local residents and businesses in leaflet form,
setting out clearly why the area has been designated; what its specially
valuable features are; how individual householders can help to protect
its character and appearance; and what additional controls and
opportunities for assistance designation brings with it. Without such
information, the support of local residents is not likely to be realised
to the full. (English Heritage's guidance note on conservation areas
gives advice on such publicity.) 4.13
Local planning authorities are asked to consider setting up conservation
area advisory committees, both to assist in formulating policies for the
conservation area (or for several areas in a particular neighbourhood),
and also as a continuing source of advice on planning and other
applications which could affect an area. Committees should consist
mainly of people who are not members of the authority; local residential
and business interests should be fully represented. In addition to local
historical, civic and amenity societies, and local chambers of commerce,
the authority may wish to seek nominations (depending on the character
of the area) from national bodies such as the national amenity societies
and the Civic Trust. Authorities should consider whether there is scope
for the involvement of local people on a voluntary basis in practical
work for the enhancement of an area. Use of planning powers in
conservation areas
4.14
Section 72 of the Act requires that special attention shall be paid in
the exercise of planning functions to the desirability of preserving or
enhancing the character or appearance of a conservation area. This
requirement extends to all powers under the Planning Acts, not only
those which relate directly to historic buildings. The desirability of
preserving or enhancing the area should also, in the Secretary of
State's view, be a material consideration in the planning authority's
handling of development proposals which are outside the conservation
area but would affect its setting, or views into or out of the area.
Local planning authorities are required by section 73 to publish a
notice of planning applications for development which would in their
opinion affect the character or appearance of a conservation area. 4.15
The status now accorded to the development plan by section 54A of the
principal Act makes it particularly important that an authority's
policies for its conservation areas, insofar as they bear on the
exercise of development controls, should be set out in the local plan.
There should also be a clear indication of the relationship between the
plan itself and detailed assessment documents or statements of proposals
for particular conservation areas, making clear that development
proposals will be judged for their effect on the character and
appearance of the area as identified in the assessment document. 4.16
Many conservation areas include the commercial centres of the towns and
villages of which they form part. While conservation (whether by
preservation or enhancement) of their character or appearance must be a
major consideration, this cannot realistically take the form of
preventing all new development: the emphasis will generally need to be
on controlled and positive management of change. Policies will need to
be designed to allow the area to remain alive and prosperous, and to
avoid unnecessarily detailed controls over businesses and householders,
but at the same time to ensure that any new development accords with the
area's special architectural and historic interest. 4.17
Many conservation areas include gap sites, or buildings that make no
positive contribution to, or indeed detract from, the character or
appearance of the area; their replacement should be a stimulus to
imaginative, high quality design, and seen as an opportunity to enhance
the area. What is important is not that new buildings should directly
imitate earlier styles, but that they should be designed with respect
for their context, as part of a larger whole which has a
well-established character and appearance of its own. 4.18
Local planning authorities will often need to ask for detailed plans and
drawings of proposed new development, including elevations which show
the new development in its setting, before considering a planning
application. In addition to adopted local plan policies, it may be
helpful to prepare design briefs for individually important
'opportunity' sites. Special regard should be had for such matters as
scale, height, form, massing, respect for the traditional pattern of
frontages, vertical or horizontal emphasis, and detailed design (eg. the
scale and spacing of window openings, and the nature and quality of
materials). General planning standards should be applied sensitively in
the interests of harmonising the new development with its neighbours in
the conservation area. 4.19
The Courts have recently confirmed that planning decisions in respect of
development proposed to be carried out in a conservation area must give
a high priority to the objective of preserving or enhancing the
character or appearance of the area. If any proposed development would
conflict with that objective, there will be a strong presumption against
the grant of planning permission, though in exceptional cases the
presumption may be overridden in favour of development which is
desirable on the ground of some other public interest. 4.20
As to the precise interpretation of 'preserve or enhance', the Courts
have held (South Lakeland DC v Secretary of State for the Environment,
[1992] 2 WLR 204) that there is no requirement in the legislation that
conservation areas should be protected from all development which does
not enhance or positively preserve. Whilst the character and appearance
of conservation areas should always be given full weight in planning
decisions, the objective of preservation can be achieved either by
development which makes a positive contribution to an area's character
or appearance, or by development which leaves character and appearance
unharmed. Permitted development in
conservation areas
4.21
The GDO requires planning applications for certain types of development
in conservation areas which are elsewhere classified as permitted
development. These include various types of cladding; the insertion of
dormer windows into roof slopes; the erection of satellite dishes on
walls, roofs or chimneys fronting a highway; and the installation of
radio masts, antennae or radio equipment housing with a volume in excess
of two cubic metres (unless the development is carried out in an
emergency). The size of house and industrial extensions that may be
carried out without specific planning permission is also more
restricted. 4.22
On 30 March 1994 the Government announced a new proposal to enable local
planning authorities to make directions withdrawing permitted
development rights for a prescribed range of development materially
affecting some aspects of the external appearance of dwellinghouses,
such as doors, windows, roofs and frontages. There would be no
requirement to obtain the Secretary of State's approval for such
directions, but authorities would have to publicise their proposals in
advance and have regard to the views of local people. Further details of
these new arrangements will be published by circular shortly. 4.23
The withdrawal of permitted development rights outside these categories
will continue to require Article 4 directions for which the Secretary of
State's approval is generally needed before they can become effective.
The Secretary of State takes the view that permitted development rights
should not be withdrawn without clear justification and that, wherever
possible, residents in conservation areas should continue to enjoy the
same freedom to undertake development as residents elsewhere. He does
not consider that the designation of a conservation area in itself
automatically justifies making an Article 4 direction. Such directions
may, however, have a role to play if they would help to protect features
that are key elements of particular conservation areas and do not come
within the categories that will be subject to the arrangements set out
in paragraph 4.22 above. The Secretary of State will generally be in favour of approving
directions in conservation areas where these are backed by a clear
assessment of an area's special architectural and historic interest,
where the importance to that special interest of the features in
question is established, where the local planning authority can
demonstrate local support for the direction, and where the direction
involves the minimum withdrawal of permitted development rights (in
terms of both area and types of development) necessary to achieve its
objective. 4.24
Sections 107 and 108 of the principal Act make provision for the payment
of compensation in certain circumstances where permitted development
rights have been withdrawn by an Article 4 direction or an amendment to
the GDO. Conservation area control
over demolition
4.25
Conservation area designation introduces control over the demolition of
most buildings within conservation areas (section 74 of the Act);
exceptions are specified in section 75 and in the relevant direction.
Applications for consent to demolish must be made to the local planning
authority or, on appeal or call-in, to the Secretary of State.
Procedures are essentially the same as for listed building consent
applications. Authorities' own applications must be made to the
Secretary of State. Scheduled ancient monuments are exempt from
conservation area control: scheduled monument consent for proposed works
must be sought from the Secretary of State for National Heritage (see PPG
16). 4.26
In exercising conservation area controls, local planning authorities are
required to pay special attention to the desirability of preserving or
enhancing the character or appearance of the area in question; and, as
with listed building controls, this should be the prime consideration in
determining a consent application. In the case of conservation area
controls, however, account should clearly be taken of the part played in
the architectural or historic interest of the area by the building for
which demolition is proposed, and in particular of the wider effects of
demolition on the building's surroundings and on the conservation area
as a whole. 4.27
The general presumption should be in favour of retaining buildings which
make a positive contribution to the character or appearance of a
conservation area. The Secretary of State expects that proposals to
demolish such buildings should be assessed against the same broad
criteria as proposals to demolish listed buildings (paragraphs 3.16-3.19
above). In less clear-cut cases - for instance, where a building makes
little or no such contribution - the local planning authority will need
to have full information about what is proposed for the site after
demolition. Consent for demolition should not be given unless there are
acceptable and detailed plans for any redevelopment. It has been held
that the decision-maker is entitled to consider the merits of any
proposed development in determining whether consent should be given for
the demolition of an unlisted building in a conservation area. 4.28
Section 336 of the principal Act states that a building includes 'any
part of a building'. The demolition of part of a building should
therefore be regarded as falling within the scope of conservation area
control. What constitutes a demolition or demolition of part of a
building must be a matter of fact and degree, to be decided in the
particular case and ultimately by the Courts. Routine works of repair,
maintenance or replacement, including work involving such items as doors
or windows, would not in the Secretary of State's view normally
constitute demolition. Likewise, the removal of internal features,
whether replaced or not, would not usually constitute a demolition and
for the purposes of conservation area consent would not, in any event,
have a material impact on the building's appearance or affect the
character or appearance of the area. 4.29
It will often be appropriate to impose on the grant of consent for
demolition a condition under section 17(3) of the Act, as applied by
section 74(3), to provide that demolition shall not take place until a
contract for the carrying out of works of redevelopment has been made
and planning permission for those works has been granted. In the past,
ugly gaps have sometimes appeared in conservation areas as a result of
demolition far in advance of redevelopment. Leasehold reform
4.30
The extended arrangements for leasehold enfranchisement under the
Leasehold Reform, Housing and Urban Development Act 1993 included wider
provisions for estate management schemes aimed at maintaining the
appearance and amenity of areas currently under a single landlord's
control. Schemes can be applied for by landlords or representative
bodies such as residents' associations up to 30 October 1995 (in some
exceptional cases later with the Secretary of State's agreement) and,
when approved, transferred to local planning authorities or specially
constituted bodies. Within conservation areas, schemes can by default be
promoted by authorities or English Heritage between that deadline and 30
April 1996. The costs of management under such schemes fall to be met by
the freeholders. In considering whether to approve a scheme the
leasehold valuation tribunal is required to have regard inter alia to
the past development and present character of the area and to
architectural or historical considerations. Moreover, in conservation
areas, applicants for schemes are required to notify English Heritage
and the local planning authority and invite them to make representations
to the tribunal. These provisions should enable authorities in
appropriate cases to help maintain the appearance of an architecturally
unified estate through regulation of the development, use and appearance
of property beyond what can be enforced under the planning system (eg.
by regulating external decoration and cleaning), and through being able
to require proper maintenance and repair of the structure and external
elements of the buildings. Further information is available from English
Heritage. Advertisement control
4.31
All outdoor advertisements affect the appearance of the building or the
neighbourhood where they are displayed. The main purpose of the
advertisement control system is to help everyone involved in the display
of outdoor advertising to contribute positively to the appearance of an
attractive and cared-for environment. So it is reasonable to expect that
the local planning authority's duty to pay special attention to the
desirability of preserving or enhancing the character or appearance of a
conservation area will result in practice in applying more exacting
standards when the authority consider whether to grant consent for a
proposed advertisement in such an area. 4.32
In conservation areas it is important for local planning authorities to
be sensitive in the use of their powers under the Town & Country
Planning (Control of Advertisements) Regulations 1992, because many
areas include retail and commercial premises, ranging from small
corner-shops to thriving commercial centres. Outdoor advertising is
essential to commercial activity in a free and diverse economy, and the
success of local businesses will usually help owners and tenants of
commercial premises to maintain buildings in good repair and attractive
appearance. 4.33
Local planning authorities may wish to adopt advertisement control
policies as part of their duty to formulate and publish proposals for
the preservation and enhancement of conservation areas. Such policies
can inform prospective advertisers about the type of displays likely to
prove acceptable in an area; and they should provide a rational and
consistent basis for decision-making on all advertisement control
matters, including the serving of discontinuance notices. 4.34
Because of the special interest of most conservation areas, certain
categories of 'deemed consent' advertisements which may have a
significant visual impact are not permitted for display in a
conservation area without the local planning authority's specific
consent. But a general prohibition of the display of certain classes of
advertisement, or the withdrawal or limitation of those which may be
displayed with deemed consent, is not usually justified solely because
of designation. 4.35
Attention is drawn to the value of education and co-operation to help
prevent unsympathetic advertisements. Local planning authorities may
wish to consider mounting programmes, in association with local
businesses, to promote advertisement policies by providing advice about
the design and siting of suitable displays which respect the character
and appearance of an area (either by the publication of design
guidelines, the mounting of exhibitions, the setting-up of an advisory
service in a Planning Department, or a combination of these approaches). 4.36
Where a local planning authority has pursued this approach, but
considers that it has not prevented unsuitable or harmful advertisement
displays, the Secretary of State will be prepared to consider making a
direction under regulation 7 of the 1992 Regulations referred to above,
if the authority can justify it. In seeking such additional control,
authorities will be expected to show that they have well-formulated
policies for the display of advertisements in the area and that the
vigorous use of normal powers of control has proved inadequate.
Similarly, when considering whether an advertisement is causing
'substantial injury to amenity', so that its display should be
discontinued, the Secretary of State will particularly consider any
evidence, on appeal, that the authority have acted in accordance with a
well-formulated advertisement control policy. 4.37
Further advice on outdoor advertisement control, including in
conservation areas, is given in PPG 19. Trees in conservation areas
4.38
Trees are valued features of our towns and countryside and make an
important contribution to the character of the local environment. Under
Part VIII of the principal Act, local planning authorities have a power
to protect trees and woodlands in the interests of amenity by making
tree preservation orders. In addition to this general power, authorities
are under a duty to make adequate provision for the preservation and
planting of trees when granting planning permission for the development
of land. They do this by a combination of planning conditions and tree
preservation orders. 4.39
Many trees in conservation areas are the subject of tree preservation
orders, which means that the local planning authority's consent must be
obtained before they can be cut down, topped or lopped. In addition to
these controls, and in view of the contribution that trees can make to
the character and appearance of a conservation area, the principal Act
makes special provision for trees in conservation areas which are not
the subject of tree preservation orders. Under section 211, subject to a
range of exceptions, (including small trees and ones that are dead,
dying or dangerous), anyone proposing to cut down, top or lop a tree in
a conservation area is required to give six weeks' notice to the local
planning authority. The purpose of this requirement is to give the
authority an opportunity to consider bringing the tree under their
general control by making a tree preservation order in respect of it.
Penalties for contravention, which may include a requirement to replant,
are similar to those for tree preservation orders. For guidance on these
matters see Department of the Environment Circular 36/78. 4.40
When considering whether to extend protection to trees in conservation
areas, local planning authorities should always take into account the
visual, historic and amenity contribution of trees. In some instances
new plantings or re-plantings may be desirable where this would be
consistent with the character and appearance of the area. 5.
Transport and Traffic Management
5.1
The Government's commitment to sustainable development entails greater
integration of transport with other aspects of land-use planning in
order to reduce the need for travel, to moderate future traffic growth,
and to minimise the environmental impacts of transport. This may lead to
a greater concentration of development on existing centres, including
historic towns. In developing policies and projects it is essential,
therefore, that local highway and planning authorities take full account
of the wider costs of transport choices, including impact on the
historic environment. 5.2
Major new transport infrastructure developments can have an especially
wide-ranging impact on the historic environment, not just visually and
physically, but indirectly, for example, by altering patterns of
movement or commerce and generating new development pressures or
opportunities in historic areas. Local highway and planning authorities
should therefore integrate their activities and should take great care
to avoid or minimise impacts on the various elements of the historic
environment and their settings. 5.3
The Secretaries of State also attach particular importance to early
consultation on traffic management and highway maintenance schemes, and
associated development proposals which would affect listed buildings or
conservation areas or parks, gardens or battlefields and their settings.
Local highway and planning authorities should take great care to assess
the impact on existing roads of new projects, eg. for the rerouting of
traffic or for pedestrianisation. They are urged to seek the advice of
English Heritage, where appropriate, before determining any such
proposals. New traffic routes
5.4
When contemplating a new route, authorities should consider whether the
need for it, and any impact on the environment, might be obviated by an
alternative package of transport management such as parking and charging
policies, park-and-ride schemes, and public transport priority. New
roads should not be built just to facilitate more commuting into already
congested areas. This is especially true in historic towns where the
character and layout cannot easily absorb radical changes such as new
roads. 5.5
If a new route is unavoidable, authorities should initially identify any
features of the historic environment - including parks, gardens,
battlefields and archaeological sites as well as buildings and areas -
and evaluate their importance. Wherever possible, new roads (and any
other transport infrastructure) should be kept away from listed
buildings, conservation areas and other historic sites. However, in each
case a suitable balance has to be struck between conservation, other
environmental concerns, economics, safety and engineering feasibility.
Highway and planning authorities should set common objectives wherever
possible and are advised to consult each other about transport proposals
affecting historic areas. Such proposals are subject to the same
constraints as other major development proposals in areas of protection,
and authorities will have to obtain listed building consent or
conservation area consent where appropriate. Further advice is given in PPG
13 on how authorities should seek to manage demand and improve the
attractiveness of local centres through their transport and planning
policies. 5.6
Where work to listed structures or those in conservation areas, such as
historic bridges, is needed to meet new national or European
requirements, this should be carried out with great care. Many bridges
are of considerable age and represent important features of the cultural
heritage. Their survival to this day owes a great deal to the care of
past generations, and, where remedial or strengthening works are found
to be necessary, proposals should seek to retain the character of these
structures for the benefit of future generations. Traditional materials
should only be replaced where it can be proved that this is essential in
the interests of structural stability. Sympathetic remedial measures,
which restore the carrying capacity and extend the life of these
structures while retaining their character, are preferable to complete
reconstruction, and will normally prove more cost-effective. Authorities
are urged to consider sympathetic alterations where necessary to carry
heavier traffic, or, where new construction is the only realistic
course, to retain and restore the old structure for use by pedestrians
and cyclists. Authorities are also urged to exercise flexibility over
the design of parapets on historic bridges. 5.7
When the opportunity occurs, the possibility of reusing structures for
new transport schemes should always be examined. Disused railway
viaducts and bridges provide an environmentally advantageous solution
for such schemes, in both rural and urban areas, especially in
environmentally sensitive areas. The restoration and conversion of
historic structures such as these can be a positive benefit from a
transport scheme. Schemes promoted under the
Transport and Works Act 1992
5.8
Since 1 January 1993, when Part I of the Transport and Works Act 1992
came into force, proposals which would have previously been authorised
under private Bill procedure have instead had to be authorised by Orders
made under that Act. Such proposals include the construction or
operation of railways, tramways, trolley vehicle systems, other guided
transport systems, inland waterways, and structures interfering with
rights of navigation. The Act brings the procedures for authorising such
schemes more into line with those which have applied for years to
highways projects. If the relevant Secretary of State decides to make an
Order under the Act, he may at the same time direct that planning
permission be deemed to be granted for the proposal, to the extent to
which it involves carrying out any development. 5.9
Where the proposal involves works to a listed building, or demolition of
an unlisted building in a conservation area, a separate application must
be made to the local planning authority for listed building consent or
conservation area consent respectively. The regulations which normally
apply to such consent applications are subject to minor modifications so
that they may more easily be progressed in parallel with the application
for the related order. These changes are set out in the Transport and
Works Applications (Listed Buildings, Conservation Areas and Ancient
Monuments Procedures) Regulations 1992. An application for listed
building or conservation area consent made concurrently with an
application for an order under the 1992 Act will automatically be
referred by the local planning authority to the Secretary of State for
the Environment for his decision, without the need for any specific
direction. Where there is need for a public local inquiry, the related
applications will be considered at a concurrent inquiry. This means that
one Inspector will be able to make mutually compatible recommendations
about the different applications. 5.10
A fuller description of these concurrent procedures (together with the
procedure for applications under the 1992 Act generally) is set out in
the Department of Transport publication Transport and Works Act
1992: A Guide to Procedures. Roads in centres or
settlements
5.11
Local highway authorities should take measures to protect the historic
environment from the worst effects of traffic. They have powers to
create vehicle-restricted areas or pedestrian zones and to introduce
traffic-calming measures where appropriate. However, there is increasing
recognition that in some historic areas the total exclusion of traffic
combined with extensive pedestrianisation can create sterile precincts,
particularly at night. In some cases, it may be preferable to consider
limited access at selected times for all traffic or particular classes
of traffic (eg. buses, trams, service vehicles), or shared streets and
other spaces designed to encourage motorists to modify their driving
behaviour when mixing with pedestrians. Park and Ride schemes may also
have a part to play in areas where it is desirable to limit car access
to historic centres and conservation areas. Advice is available in the
English Historic Towns Forum publication Park and Ride Good Practice
Guide. All these measures, together with encouraging a variety of
uses on the ground floors of developments, can help to increase the
attractiveness of town centres, and will also help to meet the policy
objectives of PPG 6 and PPG 13, and Department of the
Environment Circular 5/94. 5.12
Vehicle restrictions and traffic-calming measures can often be effective
in reducing the speeds at which people choose to drive. The Department
of Transport issues advice on pedestrianisation and a range of
traffic-calming features which may be introduced. The Highways (Traffic
Calming) Regulations 1993 give authorities the flexibility to use a wide
variety of traffic-calming features, in addition to road humps, which
can constrain vehicle speeds. These include chicanes, build-outs, pinch
points, gateways, rumble devices, islands and overrun areas. However,
some designs can be difficult to integrate into an older streetscape and
there can be no standard solution. Each feature or device should relate
in its design and materials to the overall townscape to ensure that
traffic-calming reinforces rather than diminishes local character.
Traffic-calming measures using a combination of traditional materials
and devices may help to secure the right balance. For instance, the use
of traditional cobbles or stone setts may prove effective in keeping
down traffic speeds, though they are likely to increase levels of road
surface noise; they will also not always find favour with cyclists and
disabled people. Authorities should also consult with the emergency
services before laying such surfaces to ensure that their response times
are not unduly increased. Advice is available to local authorities in
the English Historic Towns Forum publication Traffic Measures in
Historic Towns. Authorities should consider the extent to which
these different kinds of traffic-calming measures need to be signed, and
ensure that signing is kept to the minimum necessary to ensure safety
and comply with legal requirements. Floorscape and street
furniture
5.13
Floorscape and street furniture often make a vital contribution to the
appearance of a conservation area. Traditional stone, or in some cases
brick, surfaces and layouts should be retained wherever possible, or
re-introduced where there is historical evidence for them. In
particular, where there is a tradition of rectangular slab paving, small
block paviours and arbitrary new patterns should be avoided. In many
small towns and villages, rammed earth, hoggin or aggregate, in modern
times finished with tarmac, was always the traditional surface. Tarmac,
preferably dressed with a suitable local aggregate, remains an
appropriate and inexpensive finish for many conservation areas. Wherever
practical, natural earth, hoggin or aggregate footpaths or drives should
be retained and protected for their semi-rural character. If a street is
to be pedestrianised, it is important to retain the traditional
relationship between footways and carriageway, including kerb lines.
Wall-to-wall surfaces are often unsuitable and the scale, texture,
colour and laying patterns of any new materials should be sympathetic to
the area's appearance. 5.14
In certain circumstances grants may be available from English Heritage
towards the cost of street improvement schemes which incorporate the use
of traditional paving features. English Heritage's publication Street
Improvements in Historic Areas offers guidance on the treatment of
streets and public open spaces in historic areas, to encourage wider
recognition of the important contribution they make to townscape
quality. The New Roads and Street Works Act 1991 makes statutory
undertakers responsible for carrying out the permanent reinstatement of
the highway where they disturb it. They are now required to reinstate
the same materials as previously existed, or the closest possible match
if the materials cannot be reused. Local authorities play an important
role in ensuring that statutory undertakers and their contractors carry
out reinstatement to an appropriate specification and timetable. 5.15
Even the smallest towns contain a wealth of street furniture of historic
or architectural interest, such as pillar boxes, telephone kiosks,
drinking fountains, railings, clocks and many others, often of local
distinctiveness. The appearance of historic streets can be improved by
preserving or reinstating such items where appropriate (see Street
Improvements in Historic Areas). Authorities contemplating modern
tramway systems should consider the effects that catenary supports and
other associated street furniture and electrical equipment may have on
historic streetscapes. 5.16
Road signs and markings can also have a significant impact on a street's
appearance. These should be of an appropriate character and quality,
without unnecessary duplication of signs and posts. Wherever possible
signs should be fixed to existing posts or street furniture. Traffic
signs are only needed to direct drivers to their desired destinations or
to particular facilities, warn them of hazards and indicate mandatory
requirements. Signs which do none of these things may not be necessary
at all, and much can be done to eliminate sign clutter simply by
removing redundant signs, or by combining separate signs onto a single
backing board. Regular 'street audits' are valuable and local amenity
societies may be able to help with these. Further advice is available in
Traffic Measures in Historic Towns. Where the Traffic Signs
Regulations and the Department of Transport's Traffic Signs Manual
provide for some degree of flexibility in size, siting and colour,
authorities should take advantage of this in historic areas. Parking
restriction signs in particular can be sited on buildings where
appropriate, thus eliminating the need in many cases for a pole with a
single sign. Authorities' attention is drawn to the flexibility
permitted in respect of no-waiting lines: a narrower line of a different
colour is permitted in environmentally sensitive areas. Consideration
should be given to applying waiting restrictions to areas, where
appropriate, and removing yellow lines. 5.17
Authorities should seek advice on the selection and positioning of
street lighting equipment appropriate to the age and character of the
surrounding area. The Department of Transport publication Road
Lighting and the Environment, for example, provides helpful advice.
High pressure sodium lamps (with controlled light spillage) may be
preferable in environmentally sensitive areas as they provide a whiter
light with a more natural rendition of colour. Off-the-peg 'period'
columns and lanterns are not universally appropriate in historic areas.
Special designs reflecting established local styles or motifs, or simple
modern designs, may be preferable. 5.18
The effects of road works and other transport projects on trees in
conservation areas, or trees which form part of the setting of listed
buildings, can be particularly damaging. Authorities should stress the
need for statutory undertakers and others to take care when excavating,
or diverting services, near existing trees in order to avoid damage to
roots. Where root damage occurs, this may not show in a tree's health
for several years. Part 2
6. Identifying and
Recording the Historic Environment
6.1
In its broadest sense, the historic environment embraces all those
aspects of the country that reflect the shaping hand of human history.
Scarcely any part of England is untouched by the interaction between
people and nature which has taken place over thousands of years. Some of
the most obvious features of this environment are historic buildings.
England is exceptionally rich in these - great churches, houses, and
civic buildings - but our understanding of the historic environment now
encompasses a much wider range of features, and in particular stresses
the relationship between individual buildings, and also the value of
historic townscape and landscape as a whole. 6.2
There is growing appreciation not just of the architectural set pieces,
but of many more structures, especially industrial, agricultural and
other vernacular buildings that, although sometimes individually
unassuming, collectively reflect some of the most distinctive and
creative aspects of English history. More than this, our understanding
and appreciation of the historic environment now stretches beyond
buildings to the spaces and semi-natural features which people have also
moulded, and which are often inseparable from the buildings themselves.
For example, the pattern of roads and open spaces and the views they
create within historic townscapes may be as valuable as the buildings.
In the countryside, the detailed patterns of fields and farms, of
hedgerows and walls, and of hamlets and villages, are among the most
highly valued aspects of our environment. England is particularly rich
in the designed landscapes of parks and gardens, and the built and
natural features they contain: the greatest of these are as important to
national, and indeed international, culture as are our greatest
buildings. 6.3
Processes of classification are necessary for the practical purposes of
identifying and protecting individual sites and areas. This is achieved
through the statutory systems for scheduling ancient monuments, listing
historic buildings and designating conservation areas. Scheduling and
listing are undertaken by the Secretary of State; designation of
conservation areas is the responsibility of local planning authorities.
In addition, English Heritage compiles registers of parks and gardens of
special historic interest, and of historic battlefields. Identified in
these ways, the historic environment may be protected through the
development control system and, in the case of listed buildings and
conservation areas, through the complementary systems of listed building
and conservation area control. 6.4
The first part of this PPG explained how these control systems work, and
how they relate to the broader planning system for development control.
This part of the PPG sets out Government policy for the listing of
historic buildings, and for the identification of certain other aspects
of the historic environment. It also gives guidance on the upkeep of
historic buildings, and on the powers available to local authorities and
to the Secretary of State to secure repairs to neglected historic
buildings. 6.5
Archaeology plays an essential role in informing and widening our
understanding of the historic environment. Many important sites and
structures of archaeological interest are identified and protected
through the statutory schedule of ancient monuments maintained by the
Department of National Heritage. The principles of selection are set out
in PPG 16. Other known sites are included in the National
Monuments Record of the Royal Commission on the Historical Monuments of
England, and in county sites and monuments records. Historic buildings
6.6
Historic buildings listed by the Secretary of State under section 1 of
the Act are placed in one of three grades to give an indication of their
relative importance. The current listing position in England is (to the
nearest thousand):- List Entries (England,
1993)
About 500,000 individual
buildings are estimated to be protected: some list entries cover several
buildings. Some churches in older lists are still Grades A, B and C
(which in the context of planning and listed building consent
applications should all be treated in the same way as Grade I and II*
buildings). Gradings can be changed following revaluation after damage
or alteration, or as more evidence of a building's history comes to
light. Identification of buildings
for listing
6.7
Buildings are added to the statutory lists in two main ways:-
6.8
Before including buildings in the statutory lists the Secretary of State
is required to consult English Heritage and such other persons as he may
consider appropriate as having special knowledge of, or interest in,
buildings of architectural or historic interest. Expert advisers
appointed by English Heritage normally visit and report on buildings
before they are listed. In the case of systematic resurveys and reviews
there will normally be close consultation between English Heritage and
the local planning authority before recommendations for listing are
submitted to the Secretary of State. Wherever possible the Secretary of
State will consider the views of others, but it is not his practice to
advertise proposals for new listings. 6.9
The number of listed buildings has increased fourfold since 1970 as a
result of 24 years' work to resurvey England's built heritage. Some of
the lists deriving from the earlier years of the resurvey are currently
being reviewed, but the priority in future will be on more precisely
targeted, research-based studies of particular building types which are
known to be under-represented in the lists, rather than area surveys. Principles of selection
6.10
The following are the main criteria which the Secretary of State applies
as appropriate in deciding which buildings to include in the statutory
lists:- - architectural interest: the lists are meant to include
all buildings which are of importance to the nation for the interest of
their architectural design, decoration and craftsmanship; also important
examples of particular building types and techniques (eg. buildings
displaying technological innovation or virtuosity) and significant plan
forms; - historic interest: this includes buildings which
illustrate important aspects of the nation's social, economic, cultural
or military history; - close historical associations with nationally
important people or events; - group value, especially where buildings comprise an
important architectural or historic unity or a fine example of planning
(eg. squares, terraces or model villages). Not all these criteria will
be relevant to every case, but a particular building may qualify for
listing under more than one of them. 6.11
Age and rarity are relevant considerations, particularly where buildings
are proposed for listing on the strength of their historic interest. The
older a building is, and the fewer the surviving examples of its kind,
the more likely it is to have historic importance. Thus, all buildings
built before 1700 which survive in anything like their original
condition are listed; and most buildings of about 1700 to 1840 are
listed, though some selection is necessary. After about 1840, because of
the greatly increased number of buildings erected and the much larger
numbers that have survived, greater selection is necessary to identify
the best examples of particular building types, and only buildings of
definite quality and character are listed. For the same reasons, only
selected buildings from the period after 1914 are normally listed.
Buildings which are less than 30 years old are normally listed only if
they are of outstanding quality and under threat. Buildings which are
less than ten years old are not listed. 6.12
The approach adopted for twentieth century listing is to identify key
exemplars for each of a range of building types - industrial,
educational, residential, etc. - and to treat these exemplars as broadly
defining a standard against which to judge proposals for further
additions to the list. This approach has already been successfully
applied to the inter-war period, and English Heritage is now engaged on
a three-year research programme to extend it to the post-war period
(subject to the '30 year rule' mentioned above). Proposals for listings
in each building type will be made as each stage of the research is
completed. Selectivity
6.13
Where a building qualifies for listing primarily on the strength of its
intrinsic architectural quality or its group value, the fact that there
are other buildings of similar quality elsewhere is not likely to be a
major consideration. But, as noted above, the listing of buildings
primarily for historical reasons is to a greater extent a comparative
exercise, and needs to be selective where a substantial number of
buildings of a similar type and quality survive. In such cases the
Secretary of State's aim will be to list the best examples of the type
which are of special historic interest. Aesthetic merits
6.14
The external appearance of a building - both its intrinsic architectural
merit and any group value - is a key consideration in judging listing
proposals, but the special interest of a building will not always be
reflected in obvious visual quality. Buildings which are important for
reasons of technological innovation, or as illustrating particular
aspects of social or economic history, may well have little external
visual quality. Historical associations
6.15
Well-documented historical associations of national importance will
increase the case for the inclusion of a building in the statutory list.
They may justify a higher grading than would otherwise be appropriate,
and may occasionally be the deciding factor. But in the Secretary of
State's view there should normally be some quality or interest in the
physical fabric of the building itself to justify the statutory
protection afforded by listing. Either the building should be of some
architectural merit in itself, or it should be well preserved in a form
which directly illustrates and confirms its historical associations (eg.
because of the survival of internal features). Where otherwise
unremarkable buildings have historical associations, the Secretary of
State's view is that they are normally best commemorated by other means
(eg. by a plaque), and that listing will be appropriate only in
exceptional cases. National and local interest
6.16
The emphasis in these criteria is on national significance, though this
cannot be defined precisely. For instance, the best examples of local
vernacular building types will normally be listed. But many buildings
which are valued for their contribution to the local scene, or for local
historical associations, will not merit listing. Such buildings will
often be protected by conservation area designation (see paragraphs 4.2
ff). It is also open to planning authorities to draw up lists of locally
important buildings, and to formulate local plan policies for their
protection, through normal development control procedures. But policies
should make clear that such buildings do not enjoy the full protection
of statutory listing. Notifying owners and
occupiers
6.17
When a building is included in the statutory list, the Department
notifies the appropriate local planning authority. That authority must
then notify the owner and occupier of the building. As it is a criminal
offence to carry out any works (either to the exterior or interior)
which would affect the character of a building once it is listed (unless
listed building consent has been obtained), notice of listing must be
given to the owner as soon as possible. The statutory notice is
prescribed in the Planning (Listed Buildings and Conservation Areas)
Regulations 1990. Owners and occupiers are also notified by the
Department and sent a copy of the Department's leaflet What Listing
Means. Public access to the lists
6.18
A complete set of lists for the whole country is kept available for the
public to inspect without charge at the National Monuments Record of the
Royal Commission on the Historical Monuments of England. Each local
authority also keeps available for inspection (without charge) the lists
relating to its own area. List descriptions
6.19
The lists include a description of each building. This is principally to
aid identification. While list descriptions will include mention of
those features which led English Heritage to recommend listing, they are
not intended to provide a comprehensive or exclusive record of all the
features of importance, and the amount of information given in
descriptions varies considerably. Absence from the list description of
any reference to a feature (whether external or internal) does not,
therefore, indicate that it is not of interest or that it can be removed
or altered without consent. Where there is doubt, the advice of the
local planning authority should be sought. Spot listing
6.20
Requests for individual buildings to be spot listed can be made to the
Secretary of State at any time. Where the area in question has recently
been the subject of resurvey or review, it is important that requests
for spot listing draw attention to any new evidence which may not have
been available to English Heritage previously, or otherwise explain why
the building's special interest may have been overlooked. The Secretary
of State recognises that there may be cases where new evidence justifies
reconsideration of a previous decision not to list, but he will not
generally be disposed to review earlier decisions unless such evidence
is provided. 6.21
Difficulties can arise where proposals for spot listing are made at a
very late stage of redevelopment proposals, when buildings are under
imminent threat of demolition. Spot listing in such cases can often mean
delay, sometimes with serious practical and financial consequences for
the developer. The Department will consider all requests for spot
listing, but it is preferable from all points of view that buildings
should be assessed for possible listing before planning permission has
been granted for redevelopment. Local planning authorities should draw
the Department's attention at the earliest possible stage to any
buildings affected by redevelopment proposals (including their own)
which appear to them to merit listing. A building preservation notice
served by the authority may be a quicker means of protecting a
threatened building than a request for spot listing (see paragraph
6.23 below). 6.22
Requests to list buildings should be sent to the Listing Branch,
Department of National Heritage, 2-4 Cockspur Street, London SW1Y 5DH.
Those sent to English Heritage will be forwarded to the Department.
Requests should be accompanied by a justification for adding the
building to the list; a location plan (such as an Ordnance Survey map
extract) showing, wherever possible, the position of any other listed
buildings nearby; clear up-to-date photographic prints of the main
elevations of the building; any information about the building (eg. its
date); details of specialised function (eg. industrial building);
historical associations; the name of the architect (if known); its group
value in the street scene; and details of any interior features of
interest. Building preservation
notices
6.23
Under Section 3 of the Act district planning authorities and national
park authorities have the power to serve building preservation notices
in respect of buildings which are not listed, but which they consider
are of special architectural or historic interest and are in danger of
demolition or alteration in such a way as to affect their character as
buildings of such interest. A building preservation notice applies to
the building all the provisions of the Act relating to listed buildings
(except section 59). It takes effect immediately it is served, and is
often a quicker and so more expedient short-term measure than asking the
Department to spot list a building. 6.24
A copy of the building preservation notice, a location plan and
photographs of the building should be sent to the Department as soon as
the notice has been served. The notice remains in force for up to six
months, but will lapse if within that period the Department either
includes the building in the statutory list or notifies the authority in
writing that it does not intend to do so. The authority must notify the
owner and occupier if the Department decides not to list the building,
and may not serve another building preservation notice in respect of
that building within 12 months of the Department's notification. 6.25
In deciding whether to serve a building preservation notice, authorities
will realise that they become liable to pay compensation for any loss or
damage resulting from the service of a notice which the Secretary of
State does not uphold by listing. Neither the Department nor English
Heritage can indicate in advance whether the service of a notice in a
particular case is likely to result in a listing, though obviously the
same general principles of listing, set out above, will apply in these
cases as in others. It should not however be assumed that listing will
automatically follow the inclusion of a building by English Heritage in
a draft list, since that list may be corrected or amended before it is
approved. Requests to de-list
buildings
6.26
The Secretary of State is prepared to review listings in the light of
new evidence. There is no formal appeal procedure, but owners or others
who believe that a listing should be reconsidered should send the
evidence to the Department's Listing Branch, together with photographs
of the building and a location plan. The evidence must relate to the
special architectural or historic interest ascribed to the building: if
the objection to listing is (for instance) related to a building's
condition and the cost of repairing or maintaining it, or to plans for
redevelopment, the appropriate application should be made under the
listed building consent procedures described in Annex B. The local
authorities concerned and the national amenity societies (listed in
Annex A) will be notified by English Heritage of any requests the
Department receives to de-list buildings. 6.27
The Secretary of State will not generally entertain an application for
de-listing if the building is the subject of an application for listed
building consent, or an appeal against refusal of consent, or if action
by a local planning authority is in hand because of unauthorised works
or neglect. Both listed building consent and enforcement appeal
procedures give appellants the right to argue that a building is not of
special interest and should be removed from the list. The issue of
de-listing should normally be addressed in this way, rather than
regarded as a means of avoiding the need for enforcement action. Certificates of immunity
from listing
6.28
Provided that planning permission is being sought or has been obtained,
any person may ask the Secretary of State to issue a certificate stating
that he does not intend to list the building or buildings involved in
the planning application. Once a certificate is issued, the building
cannot be listed for five years, nor may the local planning authority
serve a building preservation notice during that time. However, if he
does not grant a certificate, the Secretary of State will normally add
the building to the statutory list, and listed building controls will
then apply. This procedure gives greater certainty to developers
proposing works which will affect buildings which may be eligible for
listing: they will know either that they must seek listed building
consent in the normal way, or that they have five years to carry out
their development without the possibility of disruption by spot listing. 6.29
Because a certificate of immunity is valid for five years, a building is
normally completely reassessed when an application for a certificate is
made: an earlier assessment might have been based on a restricted
inspection, or new information may have come to light since then. It
should not be assumed, therefore, that even a recent decision by the
Secretary of State not to list a building necessarily means that he will
grant a certificate of immunity. 6.30
Even if a certificate of immunity is granted, a building in a
conservation area will still normally need consent for demolition. It is
not practicable to extend the certificate procedure to provide immunity
from the effects of conservation area designation (but conservation area
consent is not required where planning permission was granted prior to
designation). 6.31
Applications for certificates of immunity should be made to the
Department's Listing Branch. There is no application form and no charge.
Applicants should supply a copy of the planning application or planning
permission, as well as the information requested for spot listing
applications (paragraph 6.22). 6.32
Applicants are required to notify the local planning authority in whose
area the building is situated of the application at the same time as it
is submitted to the Department. In London, applicants must notify
English Heritage as well as the London borough council. Applicants
should confirm that they have notified these authorities. 6.33
When a certificate is issued, the Department will notify English
Heritage and both the district and county council (in London, the London
borough council or, if appropriate, the London Docklands Development
Corporation). The existence of a certificate and its expiry date should
be disclosed in response to enquiries by prospective purchasers of the
building or land, together with other information relating to planning
matters. Relationship between
listing and scheduling
6.34
Some buildings are scheduled as ancient monuments as well as listed.
These are for the most part unoccupied buildings, such as medieval barns
or dovecotes, some bridges, and some urban buildings (eg. guildhalls)
and industrial monuments. Some areas of overlap reflect the fact that
scheduling pre-dated the listing legislation. Where a building is
scheduled and listed, scheduling - which introduces closer controls (eg.
over repairs) than does listing - takes priority and listed building
controls do not apply. For the future, the policy will be to accord
buildings and monuments the type of protection which is most appropriate
to them, and where possible to avoid overlaps between listing and
scheduling. The overlap is being addressed in the current national
survey of archaeological sites (the Monuments Protection Programme)
being carried out by English Heritage, to evaluate all known
archaeological sites in England, review existing schedulings, and
identify further sites and monuments which may be suitable for
scheduling. World Heritage Sites
6.35
The World Heritage Convention (adopted by UNESCO in 1972) was ratified
by the United Kingdom in 1984. The Convention provides for the
identification, protection, conservation and presentation of cultural
and natural sites of outstanding universal value, and requires a World
Heritage List to be established under the management of an
inter-governmental World Heritage Committee, which is advised by the
International Council on Monuments and Sites (ICOMOS) and the World
Conservation Union (IUCN). Individual governments are responsible for
the nomination of sites, and for ensuring the protection of sites which
are inscribed in the List. There are, at present, ten World Heritage
Sites in England : Durham Cathedral and Castle 6.36
Full details of the operation of the World Heritage Convention,
including the selection criteria for cultural and natural sites, are
contained in the Operational Guidelines for the Implementation of
the World Heritage Convention. 6.37
The significance of World Heritage designation for local authorities'
exercise of planning controls is set out in section 2 (paragraphs
2.22-2.23). Local planning authorities are also encouraged to work with
owners and managers of World Heritage Sites in their areas, and with
other agencies, to ensure that comprehensive management plans are in
place. These plans should: - appraise the significance and condition of the site; - ensure the physical conservation of the site to the highest standards; - protect the site and its setting from damaging development; - provide clear policies for tourism as it may affect the site. ICOMOS can provide advice
and assistance in carrying forward this work. Historic parks and gardens
6.38
The Register of Parks and Gardens of Special Historic Interest in
England is maintained by English Heritage, to whom all enquiries about
its compilation should be made. Sites of exceptional historic interest
are assessed as grade I, those of great historic interest as grade II*
and those of special historic interest as grade II. The grading of these
sites is independent of the grading of any listed building which falls
within the area. The Register is under review, with the aim of extending
its coverage of parks and gardens deserving protection. (See also
paragraph 2.24.) Historic battlefields
6.39
English Heritage's draft Register of Historic Battlefields, which will
be comparable in status with the Parks and Gardens Register, is shortly
to be the subject of public consultation. The proposed Register
identifies a limited number of areas of historic significance where
important battles are sufficiently documented to be located on the
ground. They will not be graded. The Register will be periodically
reviewed by English Heritage, to whom all enquiries about compilation
and content should be addressed. (See also paragraph 2.25.) The wider historic
landscape
6.40
Suitable approaches to the identification of the components and
character of the wider historic landscape are being developed by the
Countryside Commission (see its Landscape Assessment Guidance)
and English Heritage (as part of current research on methodology for
historic landscape assessment). Appraisals based on assessment of the
historic character of the whole countryside will be more flexible, and
more likely to be effectively integrated with the aims of the planning
process, than an attempt to define selected areas for additional
control. It is unlikely therefore to be feasible to prepare a definitive
register at a national level of England's wider historic landscape. The
whole of the landscape, to varying degrees and in different ways, is an
archaeological and historic artefact, the product of complex historic
processes and past land-use. It is also a crucial and defining aspect of
biodiversity, to the enhancement of which the Government is committed.
Much of its value lies in its complexity, regional diversity and local
distinctiveness, qualities which a national register cannot adequately
reflect. 7. The
Upkeep and Repair of Historic Buildings
7.1
Regular maintenance and repair are the key to the preservation of
historic buildings. Modest expenditure on repairs keeps a building
weathertight, and routine maintenance (especially roof repairs and the
regular clearance of gutters and downpipes) can prevent much more
expensive work becoming necessary at a later date. It is a common
misunderstanding that historic buildings have a fixed lifespan, and that
gradual decay of their fabric is inevitable. On the contrary, unless
there are intrinsic defects of design or materials, the lifespan of a
historic building may be indefinite provided that timely maintenance,
and occasional major repairs such as the renewal of roof coverings and
other features, are regularly undertaken. Major problems are very often
the result of neglect and, if tackled earlier, can be prevented or
reduced in scale. Regular inspection is invaluable. 7.2
The effective use of local planning authorities' controls set out in
Part 1 is essential, but it will not of itself prevent historic
buildings falling into neglect or disuse. The timely use of urgent works
and repairs notice powers, described below, should always be considered,
but authorities' resources for conservation will be used to best effect
if some are devoted to identifying buildings at risk - from neglect or
inappropriate changes - as early as possible and providing advice,
encouragement and (where appropriate) grants to owners. Monitoring
listed buildings, and unlisted buildings which make a positive
contribution to conservation areas, by means of simple, regularly
updated condition surveys is a valuable element of this approach. Dated
photographs will provide a record of changes (and useful evidence in the
event of statutory action being needed). Positive involvement of this
kind by authorities will help prevent unnecessary loss of historic
fabric, not to mention the probable cost and discord of action at a
later stage. 7.3
The theft of architectural features, statuary, monuments and specialist
materials has increased in recent years, and local authorities and
owners are recommended to take precautions to safeguard them, especially
when historic buildings are vacant or being refurbished. This may
involve careful removal for safe and secure storage on site. Theft is a
criminal offence and adequate records and photographs of vulnerable
items will help the police recover them if stolen. Repair
7.4
There is no specific duty on owners to keep their buildings in a good
state of repair (though it will normally be in their interests to do
so), but local authorities have powers to take action where a historic
building has deteriorated to the extent that its preservation may be at
risk. These powers take two forms. Urgent works
7.5
Section 54 of the Act enables a local authority (or English Heritage in
London) to carry out urgent works for the preservation of listed
buildings in their area after giving notice to the owner. These powers
can be used only in respect of an unoccupied building, or the unused
part of a partly occupied building. Section 76 of the Act enables the
Secretary of State to direct (after consulting English Heritage) that
the powers shall apply to an unlisted building in a conservation area if
it appears to him that its preservation is important for maintaining the
character or appearance of that area. The Secretary of State will
consider sympathetically the making of such a direction in respect of an
unlisted building which makes a positive contribution to a conservation
area. Authorities or members of the public may ask the Secretary of
State to make such a direction; such requests should be supported by
evidence confirming the importance of the building. 7.6
The Secretary of State can also exercise these powers himself, but under
the terms of the legislation he must authorise English Heritage to give
notice and carry out the works on his behalf. His policy is to use his
powers only in exceptional cases, for instance where a building is of
exceptional interest or is in local authority ownership; or where a
conservation area is of more than local interest and either the building
in question is so important to the area that failure to carry out urgent
works to it would seriously damage the character or appearance of the
area, or the building, as well as meeting the basic section 76
criterion, is in local authority ownership. In all such cases he would
normally only consider the use of his own powers where the local
authority concerned has decided not to take action itself. 7.7
Authorities will note that these powers are confined to urgent
works: in the Secretary of State's view, their use should be restricted
to emergency repairs, for example works to keep a building wind- and
weather-proof and safe from collapse, or action to prevent vandalism or
theft. The steps taken should be the minimum consistent with achieving
this objective, and should not involve an owner in great expense.
English Heritage has published Emergency Repairs - A Handbook
which includes advice on methods of temporary repair. 7.8
Local authorities (or English Heritage in London, or the Secretary of
State) may recover from owners the cost of urgent works carried out
under these provisions, subject to the owner's right to make
representations to the Secretary of State. Representations may be made
on the grounds that some or all of the works were unnecessary; that
temporary arrangements have continued for an unreasonable length of
time; or that amounts are unreasonable or their recovery would cause
hardship. The Secretary of State will take all such representations into
account before determining the amount to be recovered, and will be
particularly concerned to establish whether the works carried out were
the minimum required to secure the building's preservation and prevent
further deterioration. If an authority intends to attempt to recover the
cost of the works, the financial circumstances of the owner should be
taken into account at the outset and any sums the authority wishes to
recover from an owner should not be unreasonable in relation to his or
her means. Repairs notices
7.9
If a local planning authority (or English Heritage in London) considers
that a listed building is not being properly preserved, it may serve a
repairs notice on the owner (under section 48 of the Act). This notice
must specify the works which the authority considers reasonably
necessary for the proper preservation of the building, and must explain
the relevant provisions of the legislation, which are described briefly
below. These powers are not confined to urgent works or to unoccupied
buildings, and authorities should consider their use in cases where
protracted failure by an owner to keep a listed building in reasonable
repair places the building at risk. 7.10
A House of Lords judgment (Robbins v Secretary of State for the
Environment ([1989] 1 All E.R.878) has provided guidance on the nature
of the works which may properly be specified in a repairs notice. The
judgment held that, while the definition of works reasonably necessary
for the proper preservation of the building will always relate to the
circumstances of the individual case, and involve judgments about what
is reasonable, the word 'preservation' has to be given its ordinary
meaning in contrast to 'restoration', and this imposes an objective
limitation which must be applied in considering the scope of works to be
specified in a notice. The judgment also made clear that a notice can
include works for the preservation of a building having regard to its
condition at the date when it was listed: in other words, where a
building has suffered damage or disrepair since being listed, the
repairs notice procedure can be used to secure the building's
preservation as at the date of listing, but should not be used to
restore other features. If, however, repairs are necessary to preserve
what remains of the rest of the building - for example, to a roof that
was defective at the time of listing - it is legitimate, in the
Secretary of State's view, to include them in a repairs notice. 7.11
Repairs notice powers may also be exercised by the Secretary of State,
but, as with urgent works, his policy is to treat these powers
essentially as reserve powers, and to use them only in exceptional
circumstances. It is not open to the Secretary of State to authorise the
use of repairs notices in respect of unlisted buildings in conservation
areas. Compulsory acquisition of
listed buildings in need of repair
7.12
If at least two months have elapsed following the service of a repairs
notice, and it appears to the body who served the notice that reasonable
steps are not being taken for the proper preservation of the building,
they may begin compulsory purchase proceedings. Compulsory purchase
orders (CPOs) made by a local planning authority or by English Heritage
require the Secretary of State's confirmation, and the Secretary of
State must consult English Heritage before making an order himself or
confirming an authority's order. In making or confirming an order, the
Secretary of State must be satisfied that it is expedient to make
provision for the preservation of the building and to authorise its
compulsory acquisition for that purpose. The Secretary of State will
also need to be satisfied that the means and the resources necessary for
securing the building's repair will be available. A listed building CPO
may also include land which an authority wishes to acquire for the
purposes of access, amenity or management in connection with the
building ('relevant land' in the Act). 7.13
The Secretary of State considers that privately owned historic buildings
should, wherever possible, remain in the private sector. Local planning
authorities are encouraged to identify a private individual or body,
such as a building preservation trust, which has access to funds to
carry out the necessary repairs and to which the building will be sold
on as quickly as possible. Suitable covenants should be negotiated to
ensure that repairs will be carried out by a purchaser. Authorities
should be aware that where they wish to acquire a listed building and
pass it on, 'back to back' deals are possible. These are explained in
Department of the Environment Circular 11/90 and are set out in
regulation 15 of the Local Authorities (Capital Finance) Regulations
1990 as amended. Authorities are reminded that where a historic building
is disposed of (either by freehold sale or long lease) within two years
of its acquisition (or, where disposal was contracted for, but not
implemented, in that period, within three years of acquisition), and the
price received on resale is no more than the price paid, use of the
capital receipt is unrestricted. Acquisitions under arrangements for
immediate onward sale should, therefore, have no adverse financial
implications for the authority, though there will clearly be other
resource costs involved in securing confirmation of a CPO. 7.14
Any person who has an interest in a listed building which a local
planning authority wishes to acquire compulsorily, and who has been
served with a notice under the Acquisition of Land Act 1981, may apply
to a magistrates' court for an order staying further proceedings on the
compulsory purchase order. If an applicant is aggrieved by the decision
of the magistrates' court, he or she may appeal to the Crown Court.
Authorities should also be aware that where a compulsory purchase order
is objected to, and a local public inquiry held (and also where
representations against the recovery of expenses for works carried out
under section 54 are heard as part of a related planning matter), the
Secretary of State may make an order as to the costs of the parties at
the inquiry (see Department of the Environment Circular 8/93). General considerations
7.15
The possible need to follow up with a CPO is clearly something which
local planning authorities should take into account when contemplating
repairs notice action. But the following are also relevant
considerations: - a recent study (Listed Building Repairs Notices) has shown
that in over 60% of cases authorisation or formal service of a notice
was itself sufficient to prompt owners either to begin repairs or to
sell the building in question on to a third party: in only 13% of cases
did the matter reach a CPO inquiry; - the purpose of compulsory purchase is to ensure that reasonable steps
are taken for properly preserving a listed building: it is not a
requirement that the local authority should itself carry out the repairs
or pay for them. Indeed in the Secretary of State's view it is
preferable, as stated in paragraph 7.13
above, for the authority to obtain a firm commitment from a private
purchaser to repair the building and meet the costs (perhaps with the
assistance of any relevant grant-aid available); - the Act contains provisions for minimum compensation where an owner has
deliberately allowed a building to fall into disrepair in order to
justify its demolition and secure permission for redevelopment of the
site (section 50 of the Act); minimum compensation should however be
sought only where there is clear evidence of such an intention; - where the minimum compensation provisions do not apply, normal market
value rules apply (as laid down in the Land Compensation Act 1961); but
even here, high costs of repair, combined with limited possibilities for
development, may indicate a very low or even nominal value. Authorities also have powers
under section 52 of the Act to acquire land and buildings by agreement. 8. Churches
and the Ecclesiastical Exemption
8.1
Ecclesiastical buildings are fully subject to planning control, but
ecclesiastical buildings which are for the time being used for
ecclesiastical purposes are exempt from listed building and conservation
area controls, except in so far as the Secretary of State provides
otherwise by Order under section 60(5) and 75(7) of the Act.
Ecclesiastical exemption does not apply to the residences of ministers
of religion (section 60(3)). 8.2
The context of the exemption is provided by an undertaking by the Church
of England that its historic buildings would be subject to a separate
Church system of control which took account of the historical and
architectural importance of churches. This system, known as faculty
jurisdiction, has developed over time, in particular in a series of
ecclesiastical measures passed by the General Synod and approved by
Parliament, and in subordinate arrangements approved by the General
Synod; a separate system covers Church of England cathedrals[1].
The exemption has, however, extended to ecclesiastical buildings of all
denominations, not just those of the Church of England. 8.3
Following public consultation in 1992 the Secretary of State, in
conjunction with the Secretary of State for Wales, announced that an
Order would be made to provide that the exemption would in future apply
only to the Church of England and to other denominations and faiths
which set up acceptable internal systems of control embodying the
principles set out in the Government's code of practice. The
Ecclesiastical Exemption (Listed Buildings and Conservation Areas) Order
1994 has now been made and is due to come into force on 1 October 1994. Code of practice for
denominations' internal control systems
8.4
The Government's code comprises the following points: 1.
proposals for
relevant works[2] should be submitted by the
local congregation or minister for the approval of a body independent of
them; 2.
that body should
include, or have arrangements for obtaining advice from, people with
expert knowledge of historic church buildings; 3.
the
decision-making process should provide for: a.
consultation with
the local planning authority, English Heritage and national amenity
societies, allowing them (except in cases of emergency) 28 days to
comment; b.
the display for
the same 28-day period of a notice in a prominent position outside the
building describing the proposed works and similarly inviting comments; c.
the publication
of a similar notice in a local newspaper; d.
in cases of
demolition, notification of the Royal Commission on the Historical
Monuments of England (see also paragraph 3.22). 4.
the
decision-making body should be required, in considering proposals
submitted to it, to take into account any representations made and,
along with other factors, the desirability of preserving historic church
buildings and the importance of protecting features of architectural
merit and historic interest (including fixtures - see paragraphs 3.13
and 8.11); 5.
there should be a
clear and fair procedure for settling all disputes between the local
congregation or minister and the decision-making body as to whether
proposals should proceed; 6.
there should be
procedures for dealing with any breach of the control system, including
provision for reinstatement where works to historic church buildings
have been carried out without consent; 7.
there should be
arrangements for recording how the above procedures were implemented in
each case and the nature of the decision taken; for making such records
available for public inspection during reasonable hours; and for
notifying the decision to the above consultees; 8.
there should be
arrangements to ensure the proper maintenance of historic church
buildings including thorough inspections on a fixed cycle of not more
than five years. So far as a denomination's circumstances permit, these
points should be incorporated in legally binding procedures. 8.5
In considering proposals for such works, any effects on the
archaeological importance of the church or archaeological remains
existing within it or its curtilage should be taken into account along
with other relevant factors. Where works of repair or alteration are to
be carried out which would affect the fabric of listed churches or
churches in conservation areas, denominations should attach any
necessary conditions for proper recording in accordance with the
principles set out in paragraphs 3.22-3.24 and, in respect of
archaeological remains, in paragraph 2.15. Future scope of the
exemption
8.6
For those denominations and faiths which retain the exemption, its scope
is reduced by the Order to the following: - any church building; - any object or structure within a church building; - any object or structure fixed to the exterior of a church building,
unless the object or structure is itself a listed building; - any object or structure within the curtilage of a church building
which, although not fixed to that building, forms part of the land,
unless the object or structure is itself a listed building. ('Church building' is
defined as a building whose primary use is as a place of worship.) 8.7
The Order provides continued exemption on this reduced basis (to the
extent specified in it) for the Church of England and also for the
Church in Wales, the Roman Catholic Church, the Methodist Church, the
Baptist Union of Great Britain, the Baptist Union of Wales and the
United Reformed Church. Ecclesiastical buildings of these denominations
are covered by acceptable internal systems of control broadly conforming
to the principles in the Government's code of practice. It is intended
to monitor these arrangements and review them after two years. (Further
Orders can be made if any other denominations or faiths are subsequently
accepted as qualifying.) 8.8
Details of these denominations' arrangements will be published in a
separate leaflet circulated to all local authorities. This will include
the special arrangements made for Church of England cathedrals where all
buildings, objects or structures within an area designated by the
Secretary of State for National Heritage, after consulting the
Cathedrals Fabric Commission for England, and places of worship and
unlisted tombstones and other monuments elsewhere within the cathedral
precinct, are exempt. A list of addresses for the denominations
concerned, and related bodies, is included in Annex A. 8.9
The Order also provides continued exemption for ecclesiastical buildings
of these denominations in various categories where insufficient
information is currently available (eg. buildings of Church of England
'peculiars', viz those outside the faculty jurisdiction system;
Church of England and Roman Catholic religious communities; and school
and other institutional chapels). The intention is that by the end of a
limited period all buildings within these categories will either become
subject to the normal local authority controls or be included within the
scope of an exempted denomination's internal system of control. The
bodies concerned have been notified of the order and invited to consider
what future arrangements would be appropriate for them. Exercise of controls over
non-exempt church buildings
8.10
For denominations, faiths and independent congregations not listed in
the Order, their places of worship will be fully subject to listed
building and conservation area control from 1 October 1994. For
non-exempt denominations works begun or contracted for before 1 October
1994 are exempt. Conservation area control will extend to memorials,
monuments and tombstones of whatever size erected prior to 1925, in
order to bring authorities' controls into alignment with those which
will be operated by the denominations listed in the Order; this will be
done by a direction made under section 75(2) by the Secretary of State. 8.11
Much of the architectural character and historic interest of places of
worship lies in the arrangement and furnishing of their interiors. The
great majority of furnishings are likely to be fixed and so form part of
the listed building (paragraphs 3.30-3.32), and their architectural
coherence and quality will need to be taken into account when
considering any proposals for re-ordering. It is probable that some
changes have taken place in the past, and before considering further
alterations the chronology and completeness of the existing arrangements
should be carefully assessed. It is particularly important to identify,
and where possible retain, the spatial arrangements and fixtures that
belong to the principal period of building. When considering proposals
for creating cleared areas for multi-purpose use, the possibility of
making fixed seating capable of being dismantled or moved should be
investigated. Proper recording in accordance with the principles set out
in paragraphs 3.22-3.24 and, in respect of archaeological remains,
paragraph 2.15, should always be considered. Where extensive re-ordering
takes place, some examples of the replaced furnishings should be
retained wherever possible and, where appropriate, materials such as
panelling should be re-used within the building or offered for re-use in
a similar context, rather than destroyed. 8.12
In considering applications for consent relating to buildings used for
worship authorities are advised that, in addition to the general
considerations set out in section 3, the following matters (mainly
relating to interiors) should be given due weight as material
considerations, viz whether the changes proposed:
i.
are necessitated by a change in the worship needs of the
congregation;
ii.
are necessitated by an increase or a reduction in congregation
size;
iii.
are directed at accommodating other activities within the
building to help ensure its continued viability primarily as a place of
worship;
iv.
would involve substantial structural changes, eg subdivision of
important existing spaces;
v.
would involve the removal or destruction of important fixtures
and fittings, or are more in the nature of a reversible re-ordering of
internal features;
vi.
would involve disturbance of archaeologically important remains
below ground. 8.13
English Heritage has published guidance entitled New Works to
Historic Churches which local planning authorities may find useful
in respect of buildings of all denominations. The Church of England has
published a Code of Practice on the Care of Churches and
Ecclesiastical Jurisdiction Measure which gives detailed guidance
on many of the procedures to be followed and recommended practice under
its own system of control (other than for cathedrals). 8.14
The Secretary of State will continue to have the power to bring within
normal listed building or conservation area controls by a further Order
any individual ecclesiastical building where it seems likely that
potentially damaging works will be carried out without the necessary
authorisation having been obtained under an exempt denomination's
procedures, and without legal sanctions being available to the
denomination internally. Buildings no longer in
ecclesiastical use
8.15
In the case of the Church of England total or partial demolitions of a
redundant building in pursuance of a pastoral or redundancy scheme under
the Pastoral Measure 1983 are exempt from listed building control by
virtue of section 60(7) of the Act, and from conservation area control
by a direction under section 75(2). The Church Commissioners have,
however, agreed to ask the Secretary of State for the Environment
whether he wishes to hold a non-statutory public local inquiry into any
such proposal for total or partial demolition (which would otherwise
fall within the scope of those controls) where English Heritage, the
Advisory Board for Redundant Churches, the local planning authority or a
national amenity society have lodged reasoned objections. The Church
Commissioners have also undertaken to accept a recommendation from the
Secretary of State for the Environment following such an inquiry that
the church is of sufficient importance to be vested in the Churches
Conservation Trust (formerly the Redundant Churches Fund) or, in cases
where the recommendation was not that the building should go to the
Trust, to make further efforts to find an alternative use and to engage
in further consultation with the Secretary of State for the Environment
before using the Pastoral Measure powers to demolish. In considering
what recommendation he will make, following a non-statutory inquiry, the
Secretary of State for the Environment will take into account the
financial implications of retaining a church building as well as the
architectural and historic interest of the church and other planning and
social factors, and will consult the Secretary of State for National
Heritage. 8.16
Total demolition by faculty is not exempt but would require listed
building and conservation area consent in the normal way, as would total
demolition by exempt denominations other than the Church of England.
This is because the exemption only applies to a building in
ecclesiastical use, and the view of the Courts has been that a building
cannot be considered to be in such use if it is being totally
demolished. Denominations have been asked to notify the local authority
concerned when a church building covered by the exemption ceases to be
used primarily for worship. Where total demolition is proposed,
denominations may find it useful, before applying to the local planning
authority for consent, to see that the proposal has been scrutinised
through their normal procedures where these apply. 8.17
Except as mentioned above, Church of England buildings which are no
longer in regular ecclesiastical use are fully subject to the normal
listed building and conservation area controls once a declaration of
redundancy under the Pastoral Measure comes into operation. These
controls also cover buildings vested in the Churches Conservation Trust,
in most of which church services are still held on an occasional basis.
During the waiting period between a declaration of redundancy under the
Pastoral Measure and the coming into operation of a redundancy scheme
authorities are advised to discuss the application of the controls with
the diocesan or parish bodies concerned where the authority is
considering taking action under the urgent works provisions of section
54 of the Act or where the diocesan board of finance considers it
necessary to remove fixtures for safe keeping under section 49(2) of the
Pastoral Measure. 8.18
Many churches, of all denominations, when no longer required for worship
may nevertheless have a continuing and valuable contribution to make to
the community in terms of architecture, art, social and local or
national history. They often occupy central and convenient positions in
villages and towns and can, therefore, offer suitable venues for a
variety of social and community purposes, such as meetings, concerts,
exhibitions, indoor sports and evening classes. Even where the building
itself is not worthy of individual listing as of architectural or
historic interest, it may nevertheless be a familiar and important
feature of an urban or rural landscape - while a surrounding churchyard
may possess considerable ecological interest. It is important that once
a church becomes redundant no unnecessary delay should occur in finding
an alternative use for it. Conversion to another use which preserves the
most interesting elements, internal and external, is to be preferred to
demolition. Annex A -
The Legislation and the Main Heritage Bodies
A.1
The provisions relating to listed buildings and conservation areas are
set out in the Act (as amended) augmented by the Planning (Listed
Buildings and Conservation Areas) Regulations 1990 and
directions and notifications. Further provisions relating to grants by
English Heritage (formally known as the Historic Buildings and Monuments
Commission for England) are set out in sections 3A-6 of the Historic
Buildings and Monuments Act 1953 (as amended) and paragraph 3(1) of
Schedule 2 to the Local Government Act 1985. Central and Local
Government
A.2
The Secretary of State for National Heritage is responsible for the
general legislative and policy framework; for the listing of buildings
of special architectural or historic interest; for the exercise of
statutory powers to secure repairs to historic buildings and to
designate conservation areas; for the scheduling of ancient monuments
and for deciding applications for scheduled monument consent; and for
the funding of the main heritage agencies. A.3
Because of their close links with development control, the Secretary of
State for the Environment is responsible for deciding called-in
applications and appeals against refusals of listed building or
conservation area consent, in consultation with the Secretary of State
for National Heritage. Further details of the division of responsibility
between the two Departments are given in Department of the Environment Circular
20/92. A.4
Local planning authorities (primarily district and borough councils)
have the crucial leading role in securing the conservation of the
historic environment in their areas. They are responsible for the
integration of conservation policy with wider planning policy for their
areas, and for the designation of conservation areas. They exercise
controls over works to listed buildings and over demolitions in
conservation areas. They have powers to secure the repair of listed
buildings which have been allowed to fall into disrepair, and to make
grants towards the cost of repairing historic buildings (whether or not
listed). A.5
Authorities should have adequate specialist expertise available to them
for the discharge of their responsibilities for listed buildings and
conservation policy generally. The availability of advice from English
Heritage, and from the national amenity societies on certain categories
of listed building consent application, does not relieve authorities of
the need to ensure that they have their own expert advice suitably
deployed to enable them to deal both with day-to-day casework and with
longer-term policy formulation. Whether this expertise should take the
form of full-time conservation staff, or the use of consultancy
expertise, is a matter for individual authorities to consider. The
Secretary of State may direct a district planning authority to submit
for approval the arrangements which the authority propose to make to
obtain specialist advice in connection with their conservation functions
(paragraph 7 of Schedule 4 to the Act). English Heritage
A.6
English Heritage was established under section 32 of the National
Heritage Act 1983. Its general duties under the Act are:- a.
to secure the
preservation of ancient monuments and historic buildings situated in
England; b.
to promote the
preservation and enhancement of the character and appearance of
conservation areas situated in England; c.
to promote the
public's enjoyment of, and advance their knowledge of, ancient monuments
and historic buildings situated in England and their preservation. A.7
English Heritage's specific functions involve giving advice in relation
to ancient monuments, historic buildings and conservation areas situated
in England, including advice to the Secretary of State on the inclusion
of buildings in the statutory list of buildings of special architectural
or historic interest and the scheduling of ancient monuments; it may
make grants and loans in relation to historic buildings, land and
gardens, conservation areas, and ancient monuments, and in respect of
archaeological investigation. It also compiles registers of parks and
gardens of special historic interest, and of historic battlefields, and
sponsors surveys of listed buildings at risk. A.8
With the consent of the Secretary of State, English Heritage may acquire
historic buildings, land or gardens, and acquire or become the guardian
of ancient monuments. It manages about 400 sites and monuments on behalf
of the Secretary of State. A.9
English Heritage gives advice to local planning authorities on certain
categories of listed building consent application which have to be
notified to English Heritage, and similarly advises both Secretaries of
State on planning and listed building consent applications and appeals
and on other matters generally affecting the historic environment. Royal Commission on the
Historical Monuments of England (RCHME)
A.10
The RCHME is the national body of survey and record. Its aim is to
compile and make available a basic national record of England's historic
buildings and ancient monuments for use by individuals and bodies
concerned with understanding, conserving and managing the built
environment; this information is held in the National Monuments Record. A.11
The RCHME has a specific responsibility to consider the need for
recording and to record listed buildings threatened with total or
partial demolition (section 8 of the Act). Works for such demolition are
only authorised under the Act if the RCHME has been afforded reasonable
access to the building in order to record it. Royal Fine Art Commission (RFAC)
A.12
The RFAC advises Government departments, local planning authorities and
other bodies in England and Wales on mainly architectural, town planning
and landscape matters. It does so primarily by means of comment on
individual major development proposals which are submitted for scrutiny
(see paragraph 2.13 above). National Heritage Memorial
Fund (NHMF)
A.13
The NHMF was established to give financial assistance towards the cost
of acquiring, maintaining or preserving land, buildings, works of art
and other objects of outstanding interest which are also of importance
to the national heritage. The Fund is in the control of independent
trustees, and was intended as a memorial to those who have died for the
United Kingdom. The Fund operates throughout the United Kingdom and
concentrates its activities on securing, through co-operation with other
heritage agencies and funding bodies, the retention or preservation of
outstanding heritage entities which are perceived to be at risk in some
way. A.14
The NHMF will have responsibility for distributing that part of the
proceeds of the National Lottery which will be made available for
heritage purposes. It will do so in consultation with other heritage
bodies, including English Heritage. Separate guidance on applications
etc will be issued in the autumn. The National Amenity
Societies
A.15
The six national amenity societies aim to protect different aspects of
the built heritage. The societies are: a.
the Ancient
Monuments Society, which is concerned with historic buildings of all
ages and types, but with a particular interest in churches; b.
the Council for
British Archaeology, which is concerned with all historic buildings, but
with a particular interest in the archaeology of subterranean and
standing structures; c.
the Society for
the Protection of Ancient Buildings, which is concerned mainly with
structures constructed before 1700, but also with philosophical and
technical aspects of conservation; d.
the Georgian
Group, which is concerned with architecture and architecture-related
arts between 1700 and 1840; e.
the Victorian
Society, which is concerned with Victorian and Edwardian architecture
and architecture-related arts between 1840 and 1914; and f.
the Twentieth
Century Society (formerly the Thirties Society), which is concerned with
architecture of the twentieth century in all decades except the first. The first five of these are
required to be notified by local authorities of applications to demolish
listed buildings, either in whole or in part; the Twentieth Century
Society receives relevant notifications via the Victorian Society. A.16
The Garden History Society was closely involved in setting up the
Register of Historic Parks and Gardens, now maintained by English
Heritage. Its work, however, is analogous to that of the national
amenity societies mentioned above and it has more experience of dealing
with planning applications affecting parks and gardens than any other
body. A.17
Many local amenity societies affiliated to the Civic Trust, and local
branches of the national societies, work closely with their local
authorities to secure conservation objectives. The Secretaries of State
attach particular importance to the activities of the voluntary sector
in heritage matters, and hope that local authorities will work in close
co-operation with national and local amenity bodies and draw on their
expertise to the full. Architectural Heritage Fund
(AHF)
A.18
The AHF is a national conservation fund established to give local
non-profit-making building preservation trusts access to working capital
at favourable rates of interest. Such trusts play a particularly
valuable role in renovating and finding new uses for historic buildings
at risk from neglect and disrepair. The AHF also gives grants for
feasibility studies on potential projects. Its entire capital is at all
times available for low-interest loans on a 'revolving fund' basis,
since running costs and all non-loan activities to help trusts are paid
for out of interest earnings, with some assistance from grants from the
Department of National Heritage. The AHF has played a leading part in
establishing the United Kingdom Association of Building Preservation
Trusts. Church Bodies
A.19
This annex also contains addresses for the Church of England and the
four other denominations for which exemption is to be continued in
England (see paragraph 8.7). A.20
So far as the Church of England is concerned, the Church Commissioners
for England have administrative and quasi-judicial duties in connection
with pastoral reorganisation and redundant churches (see paragraph
8.15). Where there are plans to demolish a redundant church, the
Commissioners must consult the Advisory Board for Redundant Churches
(which grants the appropriate certificate). Where the Board advises
against demolition, a non-statutory public inquiry may be held. The
Council for the Care of Churches has certain statutory responsibilities
under the Care of Churches and Ecclesiastical Jurisdiction Measure 1991
and the Pastoral Measure 1983 and a significant grant allocating
function concerned with the conservation of furnishings and works of art
in churches. The Cathedrals Fabric Commission for England gives advice
on the care and conservation of cathedrals and determines applications
for the approval of proposed works to cathedrals under the Care of
Cathedrals Measure 1990 (see paragraph 8.8). The Churches Conservation
Trust (formerly the Redundant Churches Fund) is the trustee body for the
preservation, in the interests of the nation and of the Church of
England, of churches vested in it on account of their historic,
archaeological and architectural interest (paragraphs 8.15 and 8.17); it
is grant-aided by the Church Commissioners (30%) and the Department of
National Heritage (70%). A.21
The Historic Chapels Trust was set up in 1993 to preserve by acquisition
redundant chapels and other places of worship of outstanding
architectural or historic interest belonging to Free Church, Roman
Catholic, Jewish and other religious bodies. It will normally receive
70% grants from English Heritage for the repair and maintenance of its
buildings, raising the remainder privately. The Department of National
Heritage also provided support for its setting up. Annex B -
Listed Building Control Procedures
B.1
The procedures for listed building control are set out in Part I Chapter
II of the Act (as amended), the 1990 Regulations, and directions and
notifications. B.2
Guidance on particular detailed points is given below, followed by a
summary of the procedures. However, where statutory procedures are
involved, the text of the Act and other statutory documents should also
be consulted. I. Guidance on Particular
Points
Applications
B.3
Applications must be made in triplicate on a form issued by the local
authority. Section 10(2) of the Act requires that they include
sufficient particulars, including a plan, to identify the building in
question and such other plans and drawings as are necessary to describe
the works for which consent is sought. For all but the simplest work
this should normally mean measured drawings of all floor plans and
external or internal elevations affected by the work proposed. There
should be two sets of such drawings showing the structure before work
and the altered structure or new development to replace it after the
proposed work. The inclusion of photographs can be particularly helpful
- of all elevations in demolition cases, or of the part of the building
affected (interior or exterior) in alteration and extension cases. The
Act empowers an authority to seek such particulars as it requires and an
authority should certainly seek any particulars necessary to ensure that
it has a full understanding of the impact of a proposal on the character
of the building in question. An authority should not accept an
application for consideration until it has sufficient information to
provide such understanding. Granting of consents:
demolition
B.4
Section 8(1)-(2) of the Act requires the Royal Commission on the
Historical Monuments of England (RCHME) to be allowed at least one month
to record a listed building before demolition takes place (unless they
indicate that they do not wish to record it). Authorities should make
sure that applicants are aware of this requirement. It is helpful if
authorities can draw attention to the provisions of the relevant
sections in their application forms for listed building consent. All
decisions granting consent for demolition should draw attention to the
provisions of section 8(1)-(2), and enclose form RCHME (E) for
applicants to use to notify RCHME of their proposals (copies are
available from RCHME) : the decision must also be copied to RCHME
themselves. B.5
Local authorities should avoid authorising demolition to make way for
new development unless it is certain that the new development will
proceed. This can be done by imposing a condition on the grant of
consent providing that demolition shall not take place before a contract
for carrying out the works of redevelopment on the site has been made
and planning permission has been granted for the redevelopment for which
the contract provides. B.6
Listed buildings acquired for demolition and redevelopment, whether by
private owners or local authorities, should be kept in use for as long
as possible, or at least kept weather- and vandal-proof until work
actually starts. If plans subsequently change, urgent action should be
taken to ensure that the building is put into good repair and brought
back into suitable use. B.7
Granting a consent for demolition does not always mean that it will be
implemented. But when local authorities know that total demolition has
taken place, they should notify the Listing Branch of the Department of
National Heritage so that the building can be removed from the list. Conditions
B.8
The power to impose conditions on a listed building consent is wide, but
the Act specifically empowers certain types of condition (section 17).
All conditions should of course be necessary, relevant, enforceable,
precise and reasonable in all other respects. B.9
A listed building consent must always be granted subject to a condition
that the work to which it relates must be begun not later than five
years (or whatever longer or shorter period is considered appropriate in
a particular case) from the date on which the consent is granted
(section 18). If any consent is granted without a time limit, the five
year period will automatically apply. Conditions requiring the
preservation of particular features, or the making good of damage caused
by works, or the reconstruction of the building (with the use of
original materials so far as practicable) may also be imposed. A listed
building consent will normally enure for the benefit of the building
regardless of ownership, but where appropriate a condition limiting the
benefit of the consent to a specified person or persons may be imposed.
See also the conditions recommended for restricting premature demolition
(paragraph B.5 above) and for recording features or buildings due to be
altered or demolished (paragraphs 3.22-3.24). Later approval of details
B.10
The authority must always be satisfied that it has adequate information
to assess the effect of proposed works on the listed building before
granting consent: the extent of the work, the method to be used, and the
materials involved are all important. However, section 17(2) of the Act
permits authorities to impose conditions requiring the subsequent
approval of specified details of the works (whether or not these had
been set out in the application). This provision is not in any sense an
'outline' listed building consent: it is simply intended to speed up the
consideration of applications. It avoids the need for the authority to
refuse consent if it is satisfied that the remaining details can safely
be left for subsequent approval; but it should never be used unless
authorities are satisfied that they have enough details to assess the
impact of the proposals on the building as a whole. Applications for the
discharge or variation of a condition
B.11
Conditions should not be varied or discharged lightly. Frequently
consent would not be given at all without conditions to safeguard the
treatment of the building or to require works to be carried out in a
certain way. Nevertheless, occasionally it may become clear that a
condition is no longer appropriate (eg. because genuine structural
problems arise, or better solutions for the treatment of the building
are devised, or other features of interest are revealed once work has
started). Section 19 of the Act therefore enables an application to be
made by persons with a legal interest in the building which simply seeks
a change in the conditions without re-opening the entire question of
whether consent should have been granted. In dealing with such an
application it is also open to the authority (or the Secretary of State)
to add consequential new conditions to the consent. Appeals
B.12
The procedure for appeals broadly follows that for ordinary planning
appeals. There is, however, provision for one additional ground of
appeal, namely that the building does not merit its listed status
(section 21(4)). Where this argument is advanced the Secretary of State
for National Heritage will be consulted. Purchase Notices
B.13
When listed building consent is refused or granted subject to
conditions, any owner of the land may serve a listed building purchase
notice on the local authority requiring it to purchase his interest in
the land if he can establish that because of the refusal or conditions
the land has become 'incapable of reasonably beneficial use' (sections
32-37). The authority must respond within three months; where it
proposes not to accept such a notice it must first refer it to the
Secretary of State who must give the parties the opportunity of being
heard and may then confirm the notice or take other action (see
Department of the Environment Circular 13/83 for more detailed
advice.) Revocation of listed
building consent
B.14
An authority may make an order revoking or modifying a listed building
consent if it appears expedient to do so, having regard to the
development plan and any other material considerations (sections 24-26).
Such an order must be advertised; the owner and occupier of the land and
all persons who, in the authority's opinion, will be affected by the
order must be notified. If all those persons notify the authority in
writing that they do not object to the order, it can take effect (unless
it relates to a consent granted by the Secretary of State); but in all
other circumstances the order must be sent to the Secretary of State for
confirmation. He also has default powers to make such orders.
Compensation may be payable for abortive expenditure or other loss or
damage caused by the order (section 28). Compulsory purchase orders
which include listed buildings and buildings in conservation areas
B.15
Appendix H to Department of the Environment Circular 6/85 gives
general guidance on the submission of compulsory purchase orders which
include listed buildings or buildings in conservation areas. Circular
5/93 summarises the provisions on compulsory purchase orders made
under Housing Act powers. Dangerous structures
B.16
Local planning authorities may not take any steps with a view to making
a dangerous structures order for listed buildings, buildings subject to
building preservation notices or buildings in conservation areas without
first considering whether they should instead exercise their powers
under section 47, 48 or 54 of the Act relating to repairs (section 56).
Even when they consider that a dangerous structures order is
appropriate, the works specified in such an order relating to such
buildings still require listed building consent, except for emergency
works authorised under section 78 of the Building Act 1984. Authorities
should consider the extent of such an order and in particular whether a
building can be made safe with no, or minimal, demolition. Authorities
making dangerous structures orders should remind owners of the need to
obtain listed building consent - or fulfil the requirements of section
9(3) which provides a defence in the event of prosecution. II. Summary of the
Procedures
B.17
The various steps relevant to authorities' handling of listed building
consent applications are summarised below. References are to the Act or
the 1990 Regulations or to directions made under powers contained in the
Act. Authorities should note that some of the steps apply in certain
cases only (eg. in relation to Grade I and Grade II* buildings only).
Planning (listed Buildings
And Conservation Areas) Act 1990
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subject to the following conditions:
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To assist the Department's consideration of the case the following
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C.1
These guidelines are concerned principally with works that affect the
special interest and character of a building and require listed building
consent. The range of listed buildings is so great that they cannot be
comprehensive, but they do summarise the characteristics and features
which make up the special interest of most listed buildings and which
should be given full weight in the process of judging listed building
consent applications, alongside other considerations - in particular the
importance of keeping listed buildings in viable economic use whenever
possible (see paragraphs 3.8 ff). Much of what they advise also applies
to repairs; they are not however a manual of repair - for which
attention is drawn to The Repair of Historic Buildings: Advice on
Principles and Methods published by English Heritage.
C.2
Each historic building has its own characteristics which are usually
related to an original or subsequent function. These should as far as
possible be respected when proposals for alterations are put forward.
Marks of special interest appropriate to a particular type of building
are not restricted to external elements, but may include anything from
the orientation, the plan or the arrangement of window openings to small
internal fittings. Local planning authorities should attempt to retain
the characteristics of distinct types of building, especially those that
are particular to their area. The use of appropriate local materials is
very desirable. Local planning authorities should encourage their
production, and may wish to build up banks of materials to assist
appropriate alteration or repair.
C.3
Alterations should be based on a proper understanding of the structure.
Some listed buildings may suffer from structural defects arising from
their age, methods of construction or past use, but can still give
adequate service provided they are not subject to major disturbance.
Repairs should usually be low-key, re-instating or strengthening the
structure only where appropriate; such repairs may sometimes require
listed building consent. New work should be fitted to the old to ensure
the survival of as much historic fabric as is practical. Old work should
not be sacrificed merely to accommodate the new.
C.4
Information about the history and development of a building will be of
value when considering proposed alterations. This may be gained from the
physical evidence in the building itself - ghosts of lost features in
plaster, rough edges where features have been cut away, empty peg-holes
and mortices - which can elucidate the original form or construction.
There may also be documentary information, such as early photographs,
drawings, written descriptions, or other documents relating to its
construction or use.
C.5
Subsequent additions to historic buildings, including minor accretions
such as conservatories, porches, balconies, verandas, door dressings,
bargeboards or chimneys, do not necessarily detract from the quality of
a building. They are often of interest in their own right as part of the
building's organic history. Generally, later features of interest should
not be removed merely to restore a building to an earlier form.
C.6
In general the wholesale reinstatement of lost, destroyed or superseded
elements of a building or an interior is not appropriate, although,
where a building has largely retained the integrity of its design, the
reinstatement of lost or destroyed elements of that design could be
considered. In such cases there should always be adequate information
confirming the detailed historical authenticity of the work proposed.
Speculative reconstruction should be avoided, as should the
reinstatement of features that were deliberately superseded by later
historic additions.
C.7
Modern extensions should not dominate the existing building in either
scale, material or situation. There will always be some historic
buildings where any extensions would be damaging and should not be
permitted. Successful extensions require the application of an intimate
knowledge of the building type that is being extended together with a
sensitive handling of scale and detail.
C.8 Walls:
Walls are the main structural fabric of a building. Alterations to wall
surfaces are usually the most damaging that can be made to the overall
appearance of a historic building. Alterations or repairs to external
elevations should respect the existing fabric and match it in materials,
texture, quality and colour. Brick or stonework should not normally be
rendered unless the surface was rendered originally. It may be necessary
to remove more recently applied render if this is damaging the surface
beneath. Every effort should be made to retain or re-use facing
brickwork, flintwork, stonework, tile or slate hanging, mathematical
tiles or weatherboarding. Cob and other earth walling should be
carefully maintained and expert advice should be taken if there is a
need for repair.
C.9 Openings:
Door and window openings establish the character of an elevation; they
should not generally be altered in their proportions or details,
especially where they are a conspicuous element of the design. The depth
to which window frames are recessed within a wall is a varying
historical feature of importance and greatly affects the character of a
building: this too should be respected. Rubbed gauged brick or stone
voussoir arches should be kept wherever possible or copied and the
original design repeated in any new work or repairs. Historic cill and
lintel details should be retained.
C.10 Pointing:
The primary feature of a wall is the building material itself and the
pointing should normally be visually subservient to it. There are
occasions where decorative pointing is used, such as flint galleting,
but in general pointing that speaks louder than the walling material is
inappropriate. Repointing should usually be no more than a repair - a
repeat of the existing mix and appearance - except where the mix is
inappropriate or damaging. Any change in the character of the pointing
can be visually and physically damaging and requires listed building
consent.
C.11
It is important to ensure that repointing does not extend beyond the
area where it is necessary. Historic pointing may survive wholly or in
part and this should be preserved. New work or repair work should
integrate with the existing coursing. Tumbled brick or stonework in
gables and patterned and polychrome brickwork are particularly important
in this context. Cutting out old mortar with mechanical cutters should
not be permitted because it makes the joints unacceptably wide, and may
score the masonry above perpend joints.
C.12 Plaster and
render:
Existing plaster should not be stripped off merely to expose rubble,
brick or timber-framed walls that were never intended to be seen.
Refacing of stone, flint, brick or terracotta facades with roughcast,
cement render, stick-on stone, Tyrolean render, cement-based paints or
other cosmetic treatment that is difficult or impossible to remove
should be avoided. This is particularly so where architectural or
decorative features would be partially obscured or covered over.
C.13
Traditional lime-based render is generally preferable to cement-rich
render. Cement render forms a waterproof barrier that prevents any
moisture trapped within the wall from evaporating and tends to drive
damp both higher up and further in. This can lead to the breakdown of
the wall surface which will, in time, fall away with the render. Cement
render also gives distinctive hard sharp edges to quoins and wall
openings. Traditional render based on lime has a softer appearance and
allows natural evaporation.
C.14
Some historic renders like stucco and Roman cement were intended to have
smooth surfaces and sharp edges in imitation of well cut ashlar
stonework. These should not be replaced with other types of render. On
late 18th and 19th century stuccoed elevations where there is mock
jointing, grooving, rustication or plaster architectural elements like
cornices and architraves these should always be retained where possible
or carefully copied, never skimmed off. Any new lining out should be
matched carefully to the existing.
C.15
Decorative plaster details and plaster features such as pargeting or
sgraffito work should not be destroyed. Such features are not always
durable and it may be appropriate to reproduce them to complete a
decorative scheme. Proper evidence is required for such a scheme of
reproduction.
C.16 Timber frames:
With timber-framed buildings, the totality of the structure has to be
taken into consideration; ie. walls, roof and internal partitions.
Repair to timber frames, including roof structures, should be kept to
the essential minimum. Traditional fixing and repair methods should be
perpetuated. Proper attention should be given to the in-filling panels
which are an integral part of any timber-framed building, and also to
the surface of the timbers. The original tool marks are often visible,
as well as carpenters' marks, graffiti and smoke-blackening. Such
features are always destroyed by sand-blasting and sometimes by painting
or other cleaning, which should not normally be permitted.
C.17 External
painting:
Painting - or re-painting such as a change of colour - requires listed
building consent when it could affect the character of a listed
building. Previously unpainted surfaces should not normally be painted
over. (An exception to this rule can be made for the sheltercoating of
decayed stonework with a lime-based mixture.) In many cases the colour
of the paint may be less important than the first application of an
unsuitable covering which could be damaging to remove. Cement based or
other waterproof and hard gloss paints should not be used on surfaces
covered with traditional render. The correct finish for traditional
renders and plasters is limewash (although much 19th century stucco has
traditionally been coated in oil paint). When inappropriate paint has
been applied, expert advice should be obtained on suitable methods of
removal. Repainting with lead-based paints may be historically correct,
but is now restricted to Grade I and II* buildings and the intention to
use it on any such building must be notified to English Heritage.
Downpipes are usually best painted in unobtrusive colours, but lead
downpipes should not normally be painted.
C.18 External
cleaning:
Cleaning a building usually requires listed building consent. This is
not only because cleaning can have a marked effect on the character of
buildings, but also because cleaning processes can affect the historic
fabric. The cleaning of a building within a homogeneous terrace would
obviously affect the appearance of the terrace as a whole. All cleaning
methods can cause damage if carelessly handled. Cleaning with water and
bristle brushes is the simplest method, although water cleaning can lead
to saturation of the walls and outbreaks of rot in timbers. Other
methods including abrasive and chemical cleaning can damage wall
surfaces and destroy detail. Local planning authorities should satisfy
themselves that such cleaning is both necessary and worthwhile to remove
corrosive dirt or to bring a major improvement in appearance, and should
ensure that cleaning is carried out by specialist firms and under close
supervision. Areas not being cleaned should be protected.
C.19 Wrought and
cast iron: The
character of wrought iron fittings, railings, lamp-brackets etc is
derived from the unique qualities of the material and from traditional
smithing techniques. Since wrought iron is now difficult to obtain, old
ironwork should be retained wherever possible. It is not possible to
copy satisfactorily the character of wrought iron using mild steel. Old
cast iron features, including railings, balconies, windows, fire-grates,
door furniture and structural beams and columns can be visually and
architecturally important. Such features may carry the name of the
foundry and the date of casting, thereby adding to the historic interest
of the building. Broken cast iron can be repaired and damage should not
be regarded as an excuse for removal.
C.20 Parapets and
other features:
Parapets (solid or balustraded), pediments, parapeted or coped gables
and saddlestones, eaves, cornices and moulded cappings are essential
terminal features in the articulation of an elevation. If they have to
be replaced, it should be in facsimile and in the same materials.
C.21 Porches:
Porches are sometimes the dominant feature of an elevation; their
detailing should always be respected. Open columned porches of the
Classical type should not normally be enclosed (eg. with glazed sides
and doors to the front), but should be left open. In those instances
where new porches are considered acceptable, their design should be
undemonstrative and should not challenge the integrity of the facade.
C.22 Balconies and
verandas:
Balconies and verandas are very often formal components in the design of
an elevation. They should be maintained and repaired; and if they have
to be replaced, facsimiles should be erected using matching materials.
As with porches they should not normally be enclosed with glazing.
C.23 Fire escapes:
Fire escapes can be very damaging to the external appearance of a
building. If an escape is essential it should be inconspicuously located
and fixed in such a way as to avoid rust or other staining of the wall
surfaces. In many cases there may be alternative ways of ensuring
adequate fire protection and means of escape that would require less
physical alteration.
C.24 External
plumbing:
External plumbing should be kept to a minimum and should not disturb or
break through any mouldings or decorative features. A change from cast
iron or lead downpipes to materials such as plastic or extruded
aluminium sometimes requires listed building consent and should not
normally be allowed.
C.25 Inscriptions
and other features:
Inscriptions, old lettering, old shop signs, inn sign boards, date
plaques and stones, coats of arms, monograms, fire insurance plaques,
commemorative or symbolic carvings and statues in niches are part of the
history of a building. These features should be retained in situ
wherever possible. If works require the temporary removal of an
interesting feature, it should be put back in its former position. New
signs and advertisements will require listed building consent. They
should be carefully designed and positioned with appropriate fixings
that will not damage the building.
C.26 Carved details:
Carved and other sculptural details such as moulded brickwork and
terracotta are an important part of the design and character of
buildings that carry them. Where such details are decaying, it is
important to record them.
C.27
The roof is nearly always a dominant feature of a building and the
retention of its original structure, shape, pitch, cladding and ornament
is important.
C.28
Local planning authorities should encourage the retention and
development of sources of traditional roofing materials. The
cannibalising of other buildings for traditional materials should be
discouraged. When a roof is stripped it is important that as much as
possible of the original covering is re-used, preferably on the visible
slopes, with matching new materials on other slopes.
C.29 Thatch:
Thatched roofs should be preserved, and consent should not be given for
their replacement by different roof coverings. Where medieval thatch
survives with characteristic smoke blackening on the underside, it
should be retained in situ and overlaid. When roofs are
re-thatched, this should normally be done in a form of thatch
traditional to the region, and local ways of detailing eaves, ridges and
verges should be followed. Re-thatching roofs that have lost their
thatch will require a waiver of building regulations in most cases,
since they may not be allowed within 12 metres of a site boundary, but
local authorities should be prepared to relax this rule if it does not
constitute an unacceptable fire risk to other properties.
C.30 Slates and
tiles: Some
slates and all stone slates are laid to diminishing courses. The
character of such roof coverings should not be damaged by a radical
change in the range of slate sizes. The pattern and coursing of
different roofing materials are distinguishing features of different
building types and areas of the country. This patterning and coursing
should be retained and, where necessary, restored with matching
materials.
C.31 Lead and
copper: Both
lead and copper are traditional roof coverings and should not normally
be replaced by modern substitute materials. Details such as lead rolls,
hips and ridges are important visual elements. Any dates or inscriptions
in the lead should be preserved.
C.32 Embellishments
to roofs:
Towers, turrets, spires, bellcotes and cupolas are not only part of the
overall design or indeed sometimes its main feature, but frequently make
an important contribution to the townscape or landscape. This is
particularly so with public buildings and churches. Lesser decorative
embellishments such as ridge and cresting tiles, iron cresting, finials,
gargoyles and spouts, bargeboards, valences, cartouches and statues
should also be preserved.
C.33 Dormers and
rooflights: Early
dormers, especially of the 17th or 18th century pedimented type, should
be retained and carefully repaired. If beyond repair they should be
reconstructed with all details reproduced. Enlargement of existing
dormers on principal elevations should normally be avoided.
C.34
Any decision as to whether new dormers or rooflights can be added to a
roof must be approached carefully. Historic roof structures must not be
damaged by their insertion. New dormers should not upset a symmetrical
design of either an individual building or a terrace. Regions have
differing traditional types of dormer and these traditions should be
respected.
C.35
Where new dormers would be inappropriate to the type of building or
proposed position, new rooflights, preferably in flush fittings, may be
acceptable, but not on prominent roof slopes.
C.36 Chimney stacks
and pots:
Chimney stacks are both formal and functional features of the roofscape
and can be important indicators of the date of a building and of the
internal planning. In many cases chimneys also perform a vital
structural function, and they should normally be retained, even when no
longer required. There may, however, be poorly built and positioned
later additions that can be removed with advantage. Chimney pots can
sometimes be valuable decorative features in their own right, but they
are also functional features: plain Georgian and 19th century pots are
often important as part of a traditional roofscape which will be damaged
if they are removed.
C.37 Doors and
doorways:
Original doorways and any surviving original doors should be retained.
Their replacement or defacement is often entirely unnecessary. Domestic
and public building door types vary widely and if they have to be
replaced their design should be appropriate to the character of the
building. Replacement doors should copy the original in the materials,
the detail of the design, and the paint finish. Modern off-the-peg doors
are not generally acceptable for use in listed buildings, nor are doors
with incongruous design features such as integral fanlights. Unpainted
hardwood or stained or varnished softwood doors are rarely suitable.
C.38 Redundant
doorways:
Doorways that become redundant should in general not be removed. This is
particularly the case where a terrace of houses is converted into flats
or offices and some of the doors are no longer required: it is most
important that they are retained for the sake of the overall design of
the terrace.
C.39 Door detail:
Doorcases, door furniture including hinges, knockers and letter-boxes,
foot scrapers, fanlights, pediments, columns, pilasters, cornices,
consoles and carved or stucco moulded details should not be removed or
mutilated but retained even if the doorway is redundant.
C.40
As a rule, windows in historic buildings should be repaired, or if
beyond repair should be replaced 'like for like'. If listed building
consent is given for additional windows it is important that their
design, scale and proportion should be sympathetic to the character of
the building.
C.41
Within the broad window types such as sash or casement there is a wide
variation of detail according to date, function and region.
Standardisation to one pattern - such as the many new 'Georgian' sashes
which adopt early 19th century details - should be avoided. The
thickness and moulding of glazing bars, the size and arrangement of
panes and other details should be appropriate to the date of the
building or to the date when the window aperture was made.
C.42
If a building has been re-windowed there may be a desire to return to
the original glazing pattern. In general the existing windows should be
retained, unless they are obviously inappropriate or in very poor
condition. There may be some cases, particularly in uniform urban
terraces, where a return to earlier glazing patterns following a
specific local pattern is appropriate.
C.43
Window types vary according to the region and its building tradition.
Mullioned and transomed casement windows continued into the 18th century
in some areas. In the North of England, particularly West Yorkshire and
the Pennines, mullioned windows were standard for vernacular buildings
until the mid 19th century: the mullions should therefore not be cut
out.
C.44
Leaded and other metal-framed casements in 19th century and particularly
earlier buildings are an increasing rarity and should be repaired or
re-leaded rather than replaced.
C.45
Eighteenth and 19th century fancy glazing bars in geometric Gothic or
marginal patterns should be retained wherever possible or copied,
whether they are original to the building or later additions.
C.46
Twentieth century mild steel windows were often a design feature of
Modern Movement and Art Deco buildings. These should be repaired, or
replaced like for like if beyond repair.
C.47
Paint is usually the correct finish for timber windows; staining is not
a traditional finish and should not normally be used. However, early
windows of oak were commonly limewashed or left unpainted and these
should not now be painted but left to weather naturally.
C.48 Old glass: All
old glass is of interest, whether it be stained, painted or etched glass
or early plain glass such as crown glass. Great care should be taken to
protect old glass during building works. If it is necessary to remove
panes to repair the window frames or infrastructure they should be
reset. Where external protection for glass is required, it should be
reversible and as unobtrusive as possible.
C.49 Replacement
windows: The
insertion of factory made standard windows of all kinds, whether in
timber, aluminium, galvanised steel or plastic is almost always damaging
to the character and appearance of historic buildings. In particular,
for reasons of strength the thickness of frame members tends to be
greater in plastic or aluminium windows than in traditional timber ones.
Modern casements with top-opening or louvred lights or asymmetrically
spaced lights are generally unsuitable as replacements for windows in
historic buildings. Such alterations should not be allowed. Architects'
drawings and specifications should make clear the manner in which new
windows are intended to open.
C.50
It is usually impossible to install double-glazed units in existing
frames or to replicate existing frames with new sealed units without
making noticeable changes to the profiles of glazing bars, styles, and
rails. The new glass in such units may also significantly alter the
appearance of the window. Such changes are rarely acceptable in listed
buildings. Weather stripping and draughtproofing are visually more
innocuous changes as well as thermally efficient and cost-effective.
Secondary glazing in a removable inner frame is another acceptable
option for some windows.
C.51
Old louvred and panelled external shutters are important features and
often contribute to the design of an elevation. Blind-cases and canopies
should also be preserved.
C.52 Shop fronts and
display windows: Wherever shop fronts of merit survive they should be retained. Early
20th century shop fronts such as those with Art Nouveau or early Art
Deco details can be as unusual as 18th or 19th century examples.
Features of value such as blinds in blind boxes, shutters in shutter
boxes against an upright and stall-risers are often concealed beneath
later facings. Premises where works to shop fronts are proposed should
always be inspected and the possible survival of old features checked.
C.53
There are many examples of first floor display windows, and infrequent
examples of second floor ones. These date from the late 19th and early
20th century and give a characteristic appearance which should be
preserved. Proposals to remove a modern shopfront to restore an
elevation to its previous designed appearance matching the rest of a
terrace can usually be encouraged, but should be viewed with caution in
cases where the shop front is of interest in itself.
C.54 Shop blinds and
security grilles Retractable apron blinds covered in canvas are often characteristic
features of historic shopfronts and should be retained. Modern plastic
canopies are not acceptable.
C.55
External steel roller shutters are not suitable for historic shopfronts.
Traditional timber shutters give reasonable protection: laminated glass
and internal chain-link screens are modern alternatives. Traditional
stall-risers are an effective deterrent to 'ram-raiders', as are small
shop windows between masonry piers.
C.56 New shop fronts
New shop fronts should be designed in sympathy with the rest of the
elevation and incorporate any ground floor details of interest. Large
inserted plate-glass shop fronts without any visual support for the
upper part of the premises can have an unfortunate effect, and shop
fronts should not extend into the storey above or alter the proportion
of first floor windows. Modern materials such as plastics are to be
avoided as facings. The fascia board should not be out of scale with the
building as a whole and should usually be finished at the top with
console brackets and a cornice or other capping. Not only is this the
traditional treatment for shop fronts but the cornice provides an
architectural division between the modern shop front and the older upper
floors.
C.57
Depending on the nature of a proposed commercial or office use, it is
very often unnecessary to provide display windows and thus alter an
intact ground floor. Existing openings should be retained wherever
possible, and if alteration is necessary it should only be to the
minimum extent required. Standard corporate shop fronts are seldom
appropriate for historic buildings, nor are internally illuminated
fascia boxes or signs. The prestige value of listed building premises
and their distinctive detailing can be emphasised instead.
C.58
The plan of a building is one of its most important characteristics.
Interior plans and individual features of interest should be respected
and left unaltered as far as possible. Internal spaces, staircases,
panelling, window shutters, doors and doorcases, mouldings, decorated
ceilings, stucco-work, and wall-decorations are part of the special
interest of a building and may be its most valuable feature.
C.59 Walls:
Internal walls in old buildings should always be investigated with care
in advance of alterations in case ancient or interesting features are
hidden in the plaster or behind the panelling or other covering. In many
cases the partitions themselves are of historic interest. New partitions
should be kept to a minimum. They should not cut through mouldings or
enriched plaster decoration but be shaped around them to allow for
reinstatement at a later date.
C.60 Plasterwork:
All old plain plasterwork should be preserved where possible.
Traditional lime and hair plaster has good insulation qualities and is
better able to tolerate condensation than modern gypsum plaster. Care
should always be taken with works to old plaster, especially when
chasing-in electrical wiring, in case there is early decoration. All
decorative features from a simple cornice or cove to elaborate wall and
ceiling decoration should be preserved.
C.61 Chimneypieces
and chimneybreasts: Good chimneypieces are part of the decorative history of a building and
are often central to the design of a room. There is no excuse for their
removal if this is simply because a chimney is redundant. In the rare
cases where there is no alternative to the removal of a chimneypiece, it
should be saved for use in another position and should not be removed
from the building. The removal of a later chimneypiece of interest
should not normally be allowed even if an earlier open hearth is known
to survive behind it. The removal of a chimneybreast is almost never
acceptable, not least because it may affect the structural stability of
the building.
C.62 Staircases:
The removal or alteration of any historic staircase is not normally
acceptable. The stair is often the most considerable piece of design
within a building and can be important dating evidence. In retail
premises, the removal of the lowest flight of stairs - which will
preclude access to and use of upper floors -should not be allowed.
C.63 Interior
paintwork and decoration: A careful choice of both type and colour of paints or wallpapers can
make a significant contribution to the appearance and integrity of a
historic interior. Inappropriate schemes may, conversely, be visually
damaging. In some instances specialist advice should be sought on the
original scheme of decoration which may survive beneath later layers.
Although strict adherence to historical forms is not normally a
requirement in buildings whose interiors are of a 'private' rather than
a 'museum' character, the use of historically appropriate decoration can
greatly enhance most listed buildings. Where important early schemes of
interior decoration survive, cleaning and conservation rather than
renewal may be appropriate. Overpainting, even of deteriorated or
discoloured areas of plain colour, may damage or obscure the historical
record.
C.64 Floor surfaces:
Floor surfaces
are too often disregarded when buildings are refurbished. It is not only
marble floors that are important: all types of paving such as stone
flags, and pitched cobbles, old brick floors, early concrete, lime ash,
and plaster floors, should be respected. This also applies to old
boarded floors, especially those with early wide oak or elm boards. All
such features should normally be repaired and re-used. When new
floorboards are needed, they should be of the same timber, width and
thickness as those they are replacing. Great care should be taken when
lifting old boards for the installation or repair of services,
especially where the boards are tongued or dowelled. The cutting of
joists for new services should be kept to a minimum, and any early
sound-deadening or fire-proofing between the joists should be preserved.
C.65 Floor
strengthening:
Proposals for floor strengthening often form part of refurbishment
schemes, and may be dictated by the inflexible requirements of
particular clients or funding bodies, demanding the same standards as
those applied to new buildings. These are almost always at variance with
the architectural and structural integrity of a historic building and
should not normally be regarded as a sufficient justification for major
alterations. The floors of most historic buildings can be made perfectly
adequate for the actual loads they will carry.
C.66
Low-key techniques of stiffening existing floors, or limited
strengthening, may often be possible, provided there is minimum
disturbance to the overall structural equilibrium, thereby retaining as
much existing fabric and structure as possible, as well as, where
necessary, improving performance. Repairs should usually be carried out
using traditional materials and methods, such as scarfing on new timber.
Where more modern techniques are put forward, applicants will need to
show good reason why these are being proposed.
C.67
Often the pressure for floor strengthening and replacement arises from
the presence of dry rot within the structural members. Dry rot
eradication can rapidly lead to the progressive stripping and
dismantling of a building. In every case where remedial works are
proposed, the minimum works necessary should be carried out after
detailed discussion. The use of new techniques requiring the minimum
removal of timber should be encouraged.
C.68 Minor additions
to listed buildings: There are some standard external fixtures that require listed building
consent when they affect the character of a listed building. These
include satellite dishes, meter boxes, burglar alarms, security and
other floodlighting, video cameras, and central heating and other flues,
both standard and balanced. Only undamaging and visually unobtrusive
positions for such fixtures should be agreed.
C.69
Introduction of services to listed buildings: The
poorly thought out introduction of services, such as mains electricity,
telephone or gas, can be detrimental to the structure, appearance and
character of a building. Long runs of surface wiring and any external
gas piping should be avoided unless chasing-in would destroy historic
fabric. The introduction of new services to historic interiors must also
be handled with care, and any false floors or ceilings for concealing
services, computer trunking, fibre optics, central heating etc, should
be reversible, and not entail alterations to other features such as
doors or skirtings.
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