Permitted Development and Listed Buildings - Oct. 1st 2008.

If your property is listed on the Councils Historic Register then you can virtually kiss goodbye to utilising any form of permitted development for a listed building.

Almost all external alterations and extensions to an existing building that is listed will require planning permission. However for unlisted dwellings certain small domestic extensions and other alterations are granted planning permission automatically (permitted development) where they affect a house which is occupied as a 'single family dwelling' and is not subdivided to form flats.

Within a conservation area these 'permitted development' rights for example are more restricted, and exclude certain types of external cladding, the insertion of dormer roof windows and satellite dishes, all of which require planning applications.

Permitted development rights for a prescribed range of developments may be also be withdrawn by the local authority under an Article 4 direction which is installed as part of a Planning Condition for example. This enables the local authority Planning Dept. to control certain types of alteration which could do damage to the character of conservation areas, such as the alteration or removal of doors and windows or other fenestration's in particular.

The policies of the local authority should be carefully noted as local authorities are required to pay special attention to 'the desirability of preserving or enhancing the character or appearance of that area' when considering an application for planning permission.

No person shall execute or cause to be executed any works for the 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, unless the works are authorised. There is often much debate on what works would actually affect its character or setting but suffice to say that the Planners & their Historic Buildings Officer will jump on practically any works for the applicant to submit an application for approval to the local council.

Download a pdf guide for listed building appeals...

View the new booklet "How to complete your listed building or conservation area consent appeal form" in (PDF) 116kb

View the new booklet "How to complete your listed building or conservation area enforcement appeal form" in (PDF) 936kb

 Planning (Listed Buildings and Conservation Areas) Act 1990, Section 7

Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997, Section 6

Listed building consent is required for all alterations to listed buildings and their interiors irrespective of their grade or category of listing. It is also required for alterations to any object or structure which lies within the grounds or 'curtilage' of a listed building and which was constructed before 1 July 1948. This will also include garden walls, sundials, dovecotes and other such objects and structures as well as buildings which are ancillary to the principal building, not separated from it, and were so at the time of listing.

It is important to note that altering a listed building without consent is a criminal offence but if the works were in genuine error and the owner is willing to reinstate them or applies retrospectively for permission which is then granted, them criminal prosecutions are rarely the result.