User:FGLawson/sandbox/listed building

Listed buildings in England and Wales

In the UK, the process of protecting the built historic environment (ie getting a heritage asset legally protected) is called ‘designation’. To complicate things, several different terms are used: - buildings are ‘listed’; ancient monuments are ‘scheduled’, wrecks are ‘protected’, and battlefields, gardens and parks are ‘registered’. A heritage asset is a part of the historic environment that is valued because of its historic, archaeological, architectural or artistic interest Only some of these are judged to be important enough to have extra legal protection through designation. However, buildings that are not formally listed, but still judged as being of heritage interest are still regarded as being a material planning consideration

As a very rough guide, listed buildings generally have substantial remains that are visible above the ground whereas ancient monuments are (mostly) below the ground and/or unoccupied.

The legislation relevant to listing

In England and Wales the authority for listing is granted by the Planning (Listed Buildings and Conservation Areas) Act 1990. Listed buildings in danger of decay are listed on English Heritage's Heritage at Risk Register.

The Department for Culture, Media and Sport works with English Heritage and other government departments, eg Department for Communities and Local Government (DCLG) and the Department for the Environment, Food and Rural Affairs (DEFRA) to deliver the government policy on the protection to historic buildings and other heritage assets. The process is administered in England by English Heritage. In Wales (where it is a devolved issue0 it is administered by Cadw on behalf of the National Assembly for Wales and in Scotland by Historic Scotland on behalf of the Scottish Ministers.

Categories of listed building

There are three types of listed status for buildings in England and Wales:

• Grade I: buildings of exceptional interest,
• Grade II*: particularly important buildings of more than special interest.
• Grade II: buildings that are of special interest, warranting every effort to preserve them.

There was formerly a non-statutory Grade III, which was abolished in 1970.[9] Additionally, Grades A, B and C were used mainly for Anglican churches in use – these approximately correspond to Grades I, II* and II. These grades were used mainly before 1977, although a few buildings are still listed using these grades.

Listed buildings account for about 2% of English building stock. In March 2010, there were approximately 374,000 list entries of which (92%) were Grade II, (5.5%) were Grade II*, and (2.5%) were Grade I. Places of worship play an important role in the UK’S architectural heritage. England alone has 14,500 listed places of worship (4,000 Grade I, 4,500 Grade II* and 6,000 Grade II). In fact, 45% of all Grade I listed buildings are places of worship.

A photographic library of Listed Buildings extant as at 2001, is maintained by English Heritage at the Images of England project website.[10]

Heritage protection reform legislation in England

There have been several attempts to simplify the heritage planning process for listed buildings in England, which has still (at the time of writing in May 2011) to reach a conclusion.

The review process was started in 2000 by Alan Howarth, then minister at the DCMS. The outcome was the paper ‘The Power of Place’ in 2000 followed by the subsequent policy document ‘The Historic Environment: A Force for Our Future’ published by the DCMS and the Department of the Environment, Transport and the Regions (DTLR) in December 2001. The launch of the Government’s Heritage Protection Reform (HPR) report in July 2003 by the DCMS entitled: ‘Protecting our historic environment: Making the system work better,’ asked questions about how the current designation systems could be improved. The HPR decision report ‘Review of Heritage Protection: The Way Forward’ green paper published in June 2004 by the DCMS committed the UK government and English Heritage to a process of reform including a review of the criteria used for listing buildings.

The Government also began a process of consultation on changes to Planning Policy Guidance 15 (PPG 15) relating to the principles of selection for listing buildings in England. After several years of consultation with heritage groups, charities, planning authorities and English Heritage, this eventually resulted in the publication of Planning Publication Statement 5 ‘Planning for the Historic Environment’ in March 2010 by the DCLG. This replaced PPG15 and sets out the government’s national policies on the conservation of the historic environment for the England. PPS5 is supported by a Practice Guide, endorsed by the DCLG, the DCMS, and English Heritage which describes how to apply the policies stated in PPS5.

The government’s White Paper ‘Heritage Protection for the 21st Century’ published on 8 March 2007 offered a commitment to sharing the understanding of the historic environment and more openness in the process of designation. In 2008, a draft Heritage Protection Billwas subject to pre-legislative scrutiny before its passage through Parliament. In the event, the legislation was abandoned despite strong cross-party support, to make room in the parliamentary legislative programme for measures to deal with the credit crunch. though it may be revived in future. The proposal was that the existing registers of buildings, parks and gardens, archaeology and battlefields, maritime wrecks, and World Heritage Sites be merged into a single online register which will "explain what is special and why". English Heritage would become directly responsible for identifying Historic Assets in England and there would be wider consultation with the public and asset owners, and new rights of appeal. There would have been streamlined systems for granting consent for work on Historic Assets.

Lists of listed buildings

1. 1. 1. already in place###

Although the 2008 draft legislation was abandoned, English Heritage published a single list of all designated heritage assets in 2011 (author ‘The Historical Association “The National Heritage List for England has gone live” http://www.history.org.uk/resources/public_news_1121.html retrieved 23 May 2011) ‘The National Heritage List for England’ includes all 400,000 of England’s listed buildings, scheduled monuments, registered parks and gardens, protected historic wrecks and registered battlefields in one place. The legislative frameworks for each type of historic asset remains unchanged (2011). In Scotland, the national dataset of listed buildings and other heritage assets can be searched using Pastmap, http://jura.rcahms.gov.uk/PASTMAP/start.jsp To find a listed building in Wales, you need to contact the appropriate local authority or Cadw. There does not appear to be an online searchable list at present.

1. 1. 1. 1. to here###

A photographic library of English listed buildings was started in 1999 as a snap shot of buildings listed at the turn of the millennium. This is not an up-to-date record of all listed buildings in England - the listing status and descriptions are only correct as at February 2001. The photographs were taken between 1999 and 2008. It is maintained by the English Heritage archive at the Images of England project website. The National Heritage List for England contains the up-to-date list of listed buildings.

Listed buildings in danger of decay in England started to be recorded by survey in 1991. This was extended in 1998 with the publication of English Heritage's Buildings at Risk Register which surveyed Grade 1 and Grade 11* buildings. In 2008 this survey was re-named ‘Heritage at Risk’ and extended to include all listed buildings, scheduled monuments, registered parks and gardens, registered battlefields, protected wreck sites and conservation areas. The register is complied by survey using information from local authorities, official and voluntary heritage groups and the general public. It is possible to search this list online.

In Scotland, a buildings at risk register was started in 1990 by the Royal Commission on the Ancient and Historical Monuments of Scotland (RCAHMS)in response to similar concerns at the number of listed buildings that were vacant and in disrepair. RCAHMS maintain the register on behalf of Historic Scotland., and provides information on properties of architectural or historic merit throughout the country that are considered to be at risk.

In Wales, at risk registers are complied by local planning authorities and CADW produced a report in 2009 . The Royal Commission on the Ancient and Historical Monuments of Wales's (RCAHMW) Emergency Buildings Recording team is responsible for surveying historic buildings threatened with destruction, substantial alteration, or serious decay.

Statutory criteria for designation

In order to be listed, a building must meet various criteria.Buildings which are not individually noteworthy may still be listed if they form part of a group that is – for example, all the buildings in a square. This is called ‘group value’. Sometimes large areas comprising many buildings may not justify listing but are given the looser protection of designation as a conservation area. These include:

• Age and rarity. The older a building is, the more likely it is to be listed. All buildings erected before 1700 "which contain a significant proportion of their original fabric" will be listed. Most buildings built between 1700–1840 are listed. After 1840 more selection is exercised are “particularly careful selection” after 1945. Buildings less than 30 years old are rarely listed unless they are of outstanding quality and under threat.
• Aesthetic merits: ie the appearance of a buildings. However, buildings that have little visual appeal may be listed on grounds of representing particular aspects of social or economic history.
• Selectivity – where a large number of buildings of a similar type survive, the policy is only to list those which are the most representative or significant examples.
• National interest: significant or distinctive regional buildings eg those that represent a nationally important but localised industry
• State of repair: this is not deemed to be a relevant consideration for listing. A building can be listed regardless of its state of repair.

Additionally:

• Any buildings or structures constructed before 1 July 1948 which fall within the curtilage of a listed building are treated as part of the listed building.[14]
• The effect of a proposed development on the 'setting' of a listed building is also a material consideration in determining a planning application. Setting is defined as “the surroundings in which a heritage is experienced”.

Although the decision to list a building may be made on the basis of the architectural or historic interest of one small part of the building, the listing protection nevertheless applies to the whole building. Listing applies not just to the exterior fabric of the building itself, but also to the interior, fixtures, fittings, and objects within the curtilage of the building even if they are not fixed.

What can be listed

Almost anything can be listed – it does not have to be a building. Buildings and structures of special historic interest come in a wide variety of forms and types, ranging from telephone boxes and road signs, to castles. English Heritage has created twenty broad categories of structures, and published selection guides for each one to aid with assessing buildings and structures. These include historical overviews and describe the special considerations for listing each category.

How to apply for listing or delisting

In England, to have a building considered for listing or de-listing, the process is to submit an application form online to English Heritage. You do not need to be the owner of the building in order to apply for it to be listed. Full information including application form guidance notes are on the English Heritage website. English Heritage assesses buildings put forward for listing or de-listing and provides advice to the Secretary of State on the architectural and historic interest. The Secretary of State, who may seek additional advice from others, then decides whether or not to list or de-list the building.

In Wales, applications are made using a form obtained from the relevant local authority. There is no provision for consent to be granted in outline. When a local authority is disposed to grant listed building consent, it must first notify the National Assembly (i.e. Cadw) of the application. If the planning authority decides to refuse consent, it may do so without any reference to Cadw.

In Scotland, applications are made using a form obtained from Historic Scotland. After consultation with the local planning authority, the owner, where possible, and an independent third party, Historic Scotland will then make a recommendation on behalf of the Scottish Ministers.

Emergency listing

In an emergency, the local planning authority can serve a temporary listed “building preservation notice”, if a building is in danger of demolition or alteration in such as way that might affect its historic character. This remains in force for 6 months until the Secretary of State decides whether or not to formally list the building.

Certificates of immunity

If planning permission is being sought or has been obtained in England, any person may ask the Secretary of State to issue a Certificate of Immunity (CoI) in respect of a particular building. CoIs give certainty to developers proposing works that will affect buildings that may be eligible for listing. To apply for a Certificate of Immunity, it is necessary to submit an application form. Guidance notes are available on English Heritage website.

Altering a listed building

In England and Wales, the management of listed buildings is the responsibility of local planning authorities and the Department for Communities and Local Government (not DCMS which originally listed the building). There is a general principle that listed buildings are put to ‘appropriate and viable use’ and recognise that this may involve the re-use and modification of the building (ref PPS5) . However, listed buildings cannot be modified without first obtaining Listed Building Consent through the relevant local planning authority (ref: http://www.english-heritage.org.uk/your-property/planning-advice/what-can-i-do-with-my-listed-building/) . . Carrying out unauthorised works to a listed building is a criminal offence and owners can be prosecuted. A planning authority can insist that all work undertaken without consent is reversed at the owner’s expense