A 'listed building' is defined in section 1 of the Act as a building which is for the time being included in a list compiled or approved by the Secretary of State under that section. For the purpose of the Act any object or structure fixed to the building, which, since on or before 1 July 1948, has formed part of the land and is comprised within the curtilage of the building is treated as part of the building. 'Building' is defined as including any structure or erection and any part of a building.
Listed Building Consent is required for the demolition or partial demolition of a listed building, or for its alteration or extension in any manner which would affect its character as a building of special architectural or historic interest. Examples of the types of alteration or extension which would normally require listed building consent are:
a) an extension to a building whether or not it is within the permitted development limits of the Town and Country Planning General Permitted Development Order 1995;
b) alteration such as the removal and replacement of doors and windows; and
c) alterations to the interior fabric of a listed building.
Conservation Area Consent. The provisions of the Act relating to listed buildings are applied, with modifications, to the demolition of unlisted buildings in conservation areas. This requires conservation area consent.
Listed Building Enforcement. Your local planning authority (LPA) may issue an enforcement notice when:
Conservation Area Enforcement. A conservation area enforcement notice is issued by a LPA when they consider an unlisted building in a Conservation Area has been demolished without the grant of Conservation Area Consent.
Appeals relating to application for Listed Building/Conservation Area Consent can be made on the same basis as planning appeals, and are considered by the same procedures. Similar rules and timetables apply.
Appeals against these notices are considered by the same procedures as enforcement appeals. Similar rules and timetables apply. There are two main differences.
Your LPA should have explained what you need to do to make an appeal, and the time limits that apply.
This Guide applies:
This Guide applies to:
Of particular note in both Procedural Guides is that the criteria for determining the appeal procedure have been revised and extended to apply to planning, enforcement, advertisement and discontinuance notice appeals from 3 October 2013.
The guides also confirm that for appeals received on or after 1 October 2013, and called-in planning applications where the date of the call-in letter is 1 October 2013 or later, costs may be awarded at the initiative of the Inspector.
The criteria for determining the enforcement appeal procedure in this document applied until 2 October 2013.