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1. What is a listed building?
2. Who else can list a building?
3. How do you know a building is listed?
4. What sort of buildings are listed?
5. How does a building get to be considered for listing?
6. Can you avoid a building being listed?
7. Can you appeal against the decision to list a building?
8. Are buildings ever removed from the list?
9. What does listing protect?
10. What is the purpose of the description of the building on the statutory list?
11. What does 'curtilage' include?
12. What protection does listing afford?
13. How can I get advice about works to a listed building?
1. What is a listed building?
A building becomes "listed" at the moment when the Secretary of State for National Heritage adds it to the statutory List of Buildings of Special Architectural or Historic Interest. Listed Buildings are considered to be of special or exceptional interest which warrant every effort being made to preserve them as significant elements of our culture and heritage.
2. Who else can list a building?
Nobody - but the Local Planning Authority can serve a Building Preservation Notice on a building which it thinks is suitable for listing and at risk. The Notice has the effect of listing the building for up to six months during which time the Secretary of State must decide whether to add it to the statutory list.
3. How do you know a building is listed?
Ask the Local Planning Authority. It has copies of the statutory lists which are available for public inspection. When a building is first added to the list you will receive formal notification from the Local Planning Authority which you should attach to your deeds.
4. What sort of buildings are listed?
A huge variety of buildings, structures, and objects are listed. In Taunton Deane there are churches, churchyard monuments and chapels; mills, bridges, aqueducts, water towers and lime kilns; barns, stables and granaries; follies and gazebos; milestones, millstones, signposts and letter boxes; and, of course, all manner of domestic buildings, from manor houses and halls to farmhouses, town houses, almshouses and cottages.
5. How does a building get to be considered for listing?
The Government has arranged inspections and re-appraisals of the statutory lists at intervals of 20-30 years. The parishes were reconsidered in the 1980's, some 30 years after the first lists were made. The towns of Taunton and Wellington were resurveyed in the early 1970's and are already overdue for review. In the meantime anyone can ask the Secretary of State to "spot list" a building. It helps considerably to supply as much information as possible about the building (such as a map showing its location, photographs, plan, form, materials, date and designer, if known, together with any important historical associations). See Planning Policy Guidance Note 15 (PPG15): Planning and the Historic Environment, available from HMSO, which is a mine of valuable information on historic buildings and areas, and their treatment.
6. Can you avoid a building being listed?
Yes. You can write to the Secretary of State for National Heritage asking for a Certificate of Immunity from Listing for the particular building. He will take advice from English Heritage and either issue a certificate or list the building.
7. Can you appeal against the decision to list a building?
No. You can only appeal against a refusal to grant Listed Building Consent for works you wish to undertake to a Listed Building or against conditions attached to a grant of consent.
8. Are buildings ever removed from the list?
Yes. Any building legally demolished will be removed from the statutory list. In addition, buildings such as those which have suffered serious loss of character through the cumulative effects of various consents may be removed from the lists during formal reviews or in response to formal requests from anyone to do so.
9. What does listing protect?
Protection is afforded to the whole "building" - interior and exterior. In this instance the term "building" includes not only the principal building but also any object or structure fixed to it or which has been free-standing within its curtilage since before 1st July 1948. It includes outbuildings, extensions, walls and railings, as well as the main structure and all its interior fabric, spaces and fixtures such as fireplaces, stairs and plasterwork.
10. What is the purpose of the description of the building on the statutory list?
The description is provided to enable the building to be correctly identified from the address given. It is not definitive and features not mentioned in the list are still fully protected. Conversely, a mention of a feature often seems to help protect it better. Early lists' descriptions were often very brief but newer ones tend to be more detailed, giving a brief record of the building at the time of the inspection.
11. What does 'curtilage' include?
There is not a good, straightforward answer to this question that will apply universally. In most urban situations curtilage may be easy to define as the land within very clear boundaries, probably the extent of the house and garden(s). Other situations, such as groups of farm buildings clustered around a listed farmhouse, may be more difficult to determine; but curtilage there may well be an area smaller than that enclosed by the farm's boundaries. There are a number of tests set by the Courts which Local Planning Authorities must apply when making judgements about the extent of curtilage in a given situation. If in doubt, please check.
12. What protection does listing afford?
Any proposals which would affect the character or appearance of a listed building (including relevant structures within the curtilage) require Listed Building Consent before being carried out. This includes signs and even painting. It is a criminal offence to undertake such works without consent. Both the instigator and contractor commit an offence punishable by a fine of up to £20,000 and/or 6 months imprisonment. In a Crown Court, penalties are more severe. In addition enforcement action, designed to remedy the damage or reinstate the building as it was, may be taken against the (current) owner of the building. Unlike ordinary planning issues, there is no four year period after which unlawful works become unenforceable. Prosecution and enforcement are options available without a time limit. For this reason, when buying or selling a listed building it is important to establish that any works carried out to it have the benefit of Listed Building Consent or, alternatively, a letter attached to the deeds from the Local Planning Authority identifying the works and confirming that Listed Building Consent was not necessary.
13. How can I get advice about works to a listed building?
First Stop - consult the Local Planning Authority's Conservation Officer. Each proposal has to be considered in the context of the specific building as well as legislation and good practice. Different buildings may accommodate different degrees of change or different types of repair, but many will be sensitive to even small changes. The Conservation Officer will be able to advise you on the need for a professional agent to advise you.
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