Listed building consent is required for any work that affects the special architectural or historic interest of a listed building, inside or out. It is a separate consent from planning permission, and a great many projects need both. Carrying out work without it is a criminal offence, which is why the position is worth establishing before work starts rather than afterwards.
What the listing actually covers
The listing covers the whole building, not only the part described in the list entry. It extends to anything fixed to the building, and frequently to structures within the curtilage that pre-date July 1948. Internal alterations are caught as readily as external ones, so removing a partition, replacing a staircase or lifting a floor can require consent even where nothing is visible from the street.
Windows are the most common point of difficulty in Cornwall and the most common cause of enforcement, particularly where a previous owner replaced timber with uPVC and the position was never regularised. Establishing what is original, what is a later addition and what was done without consent is usually the first task on a listed building, because it determines what can be proposed.
Windows are the most common point of difficulty in Cornwall and the most common cause of enforcement, particularly where a previous owner replaced timber with uPVC and the position was never regularised. Establishing what is original, what is a later addition and what was done without consent is usually the first task on a listed building, because it determines what can be proposed.
How the application is assessed
The local planning authority has a statutory duty under the Planning (Listed Buildings and Conservation Areas) Act 1990 to have special regard to the desirability of preserving the building, its setting, and any features of special architectural or historic interest it possesses. That duty carries considerable weight, and the courts have confirmed it is not simply one consideration among others.
In practice the case turns on significance: what matters about the building, how the proposal would affect it, and whether any harm is justified by the benefits. An application that explains this properly is assessed on its merits. One that does not tends to be refused on the ground that the effect cannot be understood, which is a refusal on process rather than on the scheme itself, and an avoidable one.
In practice the case turns on significance: what matters about the building, how the proposal would affect it, and whether any harm is justified by the benefits. An application that explains this properly is assessed on its merits. One that does not tends to be refused on the ground that the effect cannot be understood, which is a refusal on process rather than on the scheme itself, and an avoidable one.
Heritage statements
A heritage statement sets out the significance of the building and assesses the impact of the proposal against it. Cornwall Council will not validate an application affecting a designated heritage asset without a proportionate assessment, and a thin statement is a frequent cause of delay at validation, before the application has been looked at on its merits at all.
We prepare heritage statements at a level proportionate to the works, from a short appraisal supporting a window replacement to a full assessment of alterations to a Grade II* building. The purpose is to give the case officer the evidence needed to reach a decision, so the application is determined on the substance rather than returned for further information.
We prepare heritage statements at a level proportionate to the works, from a short appraisal supporting a window replacement to a full assessment of alterations to a Grade II* building. The purpose is to give the case officer the evidence needed to reach a decision, so the application is determined on the substance rather than returned for further information.
Conservation areas and Article 4 directions
A building need not be listed to be constrained. Demolition within a conservation area requires planning permission, permitted development rights are more restricted, and the character and appearance of the area is a material consideration in its own right. Many settlements are also covered by Article 4 directions, which withdraw permitted development rights that would otherwise apply.
The first question on any project is therefore which designations apply to the site, because they determine what consent is needed at all. It is a short piece of work and it prevents the far more expensive discovery that consent was required after the work has been done.
The first question on any project is therefore which designations apply to the site, because they determine what consent is needed at all. It is a short piece of work and it prevents the far more expensive discovery that consent was required after the work has been done.
How we work
We advise on listed buildings and buildings in conservation areas across Cornwall, from single window replacements to full alteration and extension schemes. That includes establishing what consent is needed, preparing heritage statements, preparing and submitting the application, and negotiating with the conservation officer where the scheme needs adjusting to be acceptable. Where existing unauthorised work has come to light, we advise on regularising it.
If you would like an early view on whether your proposal is likely to be acceptable, our fixed fee appraisal is £129 and gives you a written assessment of the designations, the planning history and the prospects before you commit to drawings. Call 07765 572311 or use the contact form and we will come back to you.
If you would like an early view on whether your proposal is likely to be acceptable, our fixed fee appraisal is £129 and gives you a written assessment of the designations, the planning history and the prospects before you commit to drawings. Call 07765 572311 or use the contact form and we will come back to you.
