Historic buildings legislation

Question 1

Conservation

Answer 1

Process of managing change to a significant place in its setting.

Question 2

Heritage assets

Answer 2

Places of special architectural or historic interest.

Question 3

Heritage assets include:

Answer 3

Listed buildings

Scheduled monuments

Registered parks and gardens

Registered battlefields

Protected wreck sites

Conservation Areas and Locally Listed Buildings

Question 4

Heritage assets covered by:

Answer 4

Planning (Listed Buildings and Conservation Areas) Act 1990

Ancient Monuments and Archaeological Areas Act 1973

Protection of Wrecks Act 1973

Protection of Military Remains Act 1986

The Historic Buildings and Ancient Monuments Act 1953

Question 5

Designation

Answer 5

Listing of heritage assets

Question 6

Historic England are

Answer 6

Govt’s statutory advisor and statutory consultee in England.

Question 7

Historic England do

Answer 7

Gives grants for conservation

Keeps a document collection

Maintains the National Heritage List for England (the list of Listed Buildings)

Advises LPAs and National Planning organisations

Helped draft Planning Policy Statement for the Historic Environment (PPS5)

Owns the National Heritage Collection (historic buildings in public care)

Question 8

English Heritage Trust

Answer 8

Charitable trust licensed to run the National Heritage Collection.

Question 9

Listed building

Answer 9

Building which is included the statutory listed building list.

Including any object or structure fixed to the building or within the curtilage of the building.

Can be structures of special architectural merit or historic importance, e.g. railings or phone boxes.

Question 10

Listed Building Consent

Answer 10

Required for demolition, partial demolition, alteration or extension of a Listed Building in a way which will affect its character as a building of architectural or special interest.

Separate from Planning Permission.

8 weeks to process.

Consent is limited to 5 years from date when consent is granted or another period that the authority deems appropriate.

Question 11

Certificate of Immunity from Listing

Answer 11

Guarantees the building won’t be listed for the next 5 years or served with a Building Preservation Order.

Developers might want this to secure the viability of a site/gain investment.

Heritage England investigates. Department for Culture, Media and Sport decides.

Question 12

Repairs Notice

Answer 12

Identifies necessary work to a listed building.

No right of appeal.

No consideration of owner’s financial means.

Question 13

Compulsory Purchase Order (CPO) to:

Answer 13

Enable acquiring authorities to purchase land to carry out a function which is considered to be in the public interest.

e.g. constructing new road or rail infrastructure.

Question 14

Compulsory Purchase Order (CPO) Procedure for Preservation

Answer 14

1. Owner can be served a Compulsory Purchase Order after a minimum of 2 months
2. The CPO is advertised locally and there are 21 days for objections to be made.
3. Owners has 28 days to appeal to the Magistrates Court to stop proceedings.
   He/she needs to demonstrate reasonable steps have been taken to preserve the building.
4. CPO – confirmed by Secretary of State
5. Compensation paid to owner.

Question 15

Listed Building Enforcement Notice.

Answer 15

Issued when work has been carried out without consent and it has affected its character.

Remediation of unauthorised works – e.g. restore building to its former state, alleviate effects of the works, or bring it to a state to follow the terms of a Listed Building Consent.

Question 16

Building Preservation Notice

Answer 16

Temporary listing served by district planning authorities, national park authorities and Historic England (buildings within London).

Measure to save a building that is in danger of demolition or alteration.

Lasts 6 months

Question 17

Urgent Works Notices

Answer 17

Diff. from a Repairs Notice.

7 days written notice in advance to the owner.

LA goes in to do the Urgent Work and then claim back from the owner

Question 18

Ecclesiastical Exemption

Answer 18

5 Denominations of Churches exempt from some provisions of the Planning Acts, including Listed Building Consent

Question 19

World Heritage Sites

Answer 19

No additional statutory controls for a World Heritage Site.

Protection is afforded via the standard planning system or Listing buildings.

Special considerations will apply to new buildings within the zone.

Question 20

Tree Preservation Orders (TPOs)

Answer 20

Prohibits damage of trees without consent.

Made if the tree(s) is/are in the interest of public amenity to be preserved.

Defines the number, species and positions of the trees.

Question 21

Tree Preservation Orders (TPOs) Procedure

Answer 21

App takes 8 weeks.

Full Planning permission overrides the need to make a separate application for a TPO.

Question 22

Historic environment bodies across the UK

Answer 22

Historic England

Historic Scotland

CADW (Welsh)

Northern Ireland Environment Agency

Question 23

Purpose of historic building legislation

Answer 23

To preserve England’s cultural heritage and sense of identity, & recognise opportunities to reveal or reinforce those values for present and future generations.

Question 24

Process to adding a building to Listed Buildings List

Answer 24

1. Heritage England recommends that a building should be included on the statutory list by compiling evidence based on Aesthetic merits.
2. Department for Culture, Media and Sport then receives the recommendation (accepts or rejects it) .
3. Forwarded to the Local Planning Authority who contact the owner and occupier.
4. If a building is not deemed important enough, it may be included on a Local List.

Question 25

English Heritage Grade I

Answer 25

exceptional interest, even internationally important

Question 26

English Heritage Grade II*

Answer 26

particularly important buildings of more than special interest

Question 27

English Heritage Grade II

Answer 27

buildings are nationally important and of special interest

Question 28

English Heritage Grade ‘Locally Listed’

Answer 28

Buildings of local interest.

These do not afford legal protection, but earmarks the building as important.

This will probably be a material consideration in planning terms.

Question 29

Scottish Heritage Grade A

Answer 29

National or internationally important

Question 30

Scottish Heritage Grade B

Answer 30

Regionally important

Question 31

Scottish Heritage Grade C

Answer 31

Buildings of local importance

Question 32

Heritage legislation

Answer 32

1. Planning (Listed Buildings and Conservation Areas) Act 1990, Amendments 2012 and 2013
2. National Planning Policy Framework 2012 Section 12: Conserving and Enhancing the Historic Environment
3. Planning Policy Statement 5: Planning for the Historic Environment
4. Ecclesiastical Exemption (Listed Buildings and Conservation Areas) 2010
5. Care of Churches and Ecclesiastical Jurisdiction Measure 1991
6. Enterprise and Regulatory Reform Act 2013

Question 33

Enterprise and Regulatory Reform Act 2013

Answer 33

Offers a series of “red-tape cutting” exercises relating to historic buildings.

1. LPA and the owner of the Listed Building(s) can agree routine and regular work that (if done correctly) will not harm the building’s special interest.
2. Listed Building Consent Order

Question 34

Listed Building Consent Order

Answer 34

Covers work that might need several Listed Building Consents.

Allows the Secretary of State to grant Listed Building Consent for alteration or extension.

Question 35

Non-compliance with listed building legislation results in:

Answer 35

Immediate criminal liability

Max £20k fine. Up to 2 years in prison. Or both.