Listed building presentation final
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This document discusses laws related to listed buildings and conservation areas in the UK. It defines listed buildings as buildings granted protection due to their architectural or historic significance, and conservation areas as designated districts seeking to preserve historic character. Laws govern works on listed buildings and in conservation areas, with listed building consent and conservation area consent required. Grades of listed buildings are explained, as are enforcement for unauthorized works and penalties for damaging protected structures. The roles of local authorities and the Secretary of State are outlined.
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Listed building presentation final
- 1. Listed Buildings and Conservation Areas Law ARC 402 Presented by: Alfie Simons, Darius Beck, Dan Palmer, Lee Slaughter and Christian Fahrenholz
- 2. Definitions Listed Building: In the UK, any building of such architectural or historical quality that permission must be granted before it may be changed or demolished. Conservation Area: An area of special architectural or historic interest, the character or appearance of which it is desirable to preserve or enhance. C
- 3. Example C
- 4. Listed Buildings and Conservation Areas Act 1990 - Part 1: Listed Buildings - Part 2: Conservation areas - Part 3: General - Part 4: Supplemental Legislation D
- 5. Determining an area for conservation - Planning authority determines an area which has special architectural or historic interest - Areas suitable for designation are determined by various factors - Designating an area gives control to the council - Consent required to carry out any works D
- 6. Enforcement - Varies in conservation areas - May have a Conservation Area Advisory Committee - Six weeks notice for work on trees - Fines and replanting could be enforced C
- 7. What can be listed? - Almost anything - English Heritage has created 20 categories - They describe the special considerations C
- 8. Secretary of State for Culture, Media and Sport - Listed Buildings are placed on list with special architectural or historic interest - The Secretary of State can take advice from other experts The main criteria used are: - Age and rarity - Architectural interest - Historic interest - Historical association - Group value B
- 9. What constitutes a building within this framework? - When a building is listed, it is listed in its entirety, which means that both the exterior and the interior are protected: - Any object or structure fixed to the building - Any object or structure within the curtilage of the building - Forms part of the land - Before 1 July 1948 B
- 10. English Heritage protection - Draws attention to cultural heritage of England - Historic parks and gardens, Historic Battlefields and World Heritage sites Flodden, Northumberland. Site of the battle of 1513 Chinese Pavilion at Wrest Park, Bedfordshire. Grade I D
- 11. Listed Building Grades Grade Description Grade I - Are of exceptional interest - 2.5% of listed buildings - 41% are places or worship Grade II* - Buildings of more than special interest - 5.5% of listed buildings Grade II - Are nationally important - 92% of all listed buildings - The Secretary of State decides the Listed Building grade - Buildings built before 1700 and kept in similar condition are listed - Post-1945 buildings have to be exceptionally important B
- 12. Building Preservation Notice - When building is not listed but in danger of demolition - Has special architectural or historical interest - Provides same protection as listed buildings - Cannot be served if a certificate of immunity is in operation - In effect for six months D
- 13. - Discuss work with Local authoritys Conservation Officer - May require conservation area consent - Authority will consider application for 8-13 weeks - Carrying out work without consent is a criminal offence D Effect of works in a conservation area
- 14. Effect of damaging a Listed building - Criminal Justice Act 1982 - (1)If a person does or allows the act of damage to the building, he shall be guilty of an offence - (4)If a person fails to take steps necessary to prevent any further damage, he shall be guilty of a further offence - Section (1 and 37): The standard scale of fines for summary offences Scale Fine 1 贈200 2 贈500 3 贈1000 4 贈2500 5 贈5000 B
- 15. Remedial Works - Planning (Listed Buildings and Conservation Areas) Act 1990 - Section (54): Urgent works to preserve unoccupied listed buildings - (1)A local authority may execute any works which appear necessary - (2)Secretary of State can authorise the Commission to execute work - (3)There may be works for affording temporary support or shelter for the building - (7)Exercisable by the Commission and the relevant London borough council B
- 16. Listed building consent Plans of a listed building - S10 of the Listed Building act 1990 and Planning Regulations 1990 - Applications must be made to the local planning authorities - Accompanied with plans of proposed works - 8 weeks for smaller schemes and 13 weeks for larger schemes - Works should start no later than 3yrs after L
- 17. Demolition without consent - It is a Criminal Offence to carry out unauthorised works - Planning authorities can insist works to be reversed - Only defence is Duress of Circumstances - Basingstoke & Deane Bc Vs Carter (2000) L
- 18. Work on potential listed buildings - Owner needs to obtain or be given a Repairs Notice from the local Authority - No Work should be carried out without a Repairs Notice - The individual may be prosecuted Repairs Notice L
- 19. Refusal of listed building consent - The land has to be rendered incapable of reasonable or beneficial use Includes: - Size - Shape - Location - A purchase notice L
- 20. Listed building consent for work already executed - Section 8(3) of LBCA Act 1990 - Work is only authorised from the actual date the consent is given - Anyone carrying out work in a way which would affect its character prior to this can still be prosecuted L
- 21. Listed Building enforcement notice - Given when work is done on a listed building without consent Enforcement Notice Contains: - Reasons - Breaches - Rectifications - Time - Failure to comply within the timescale results in a fine up to 贈20,000 or an infinite fine when a further trial is carried out A
- 22. A
- 23. A
- 24. A
- 25. Certificate of Immunity - A legal guarantee that the building will not be listed as a listed building during the five years of the valid certificate - Developer can see whether they have five years to develop the site, or whether it needs to be listed - If the building gets listed then the owner must seek listed building consent (LBC) for alterations A
- 26. Compulsory acquisition Grade II Listed building in Gloucestershire - A Repairs notice will be sent to the owner which tells them what needs to be done if a listed building is left in disrepair - If after two months the owner has not tried to fix these problems then compulsory purchase proceedings begin - 21 days are given for appeal and compensation is given to the owner if successful A
- 27. Intentional neglect of listed buildings - There are two criteria that can help determine neglect - Compulsory acquisition will be imposed - 28 days are given for objections - Minimum compensation will be given if successful Building left in disrepair from rain damage A
- 28. Thank you for Listening!