Government launches listed building consent consultation

"The package of changes will, overall, reduce burdens on owners and developers, and allow local planning authorities which administer these consents to deliver a more efficient and effective service," according to the consultation, which has been launched by the Department for Culture, Media and Sport.

The consultation seeks views on proposed secondary legislation relating to Listed Building Heritage Partnership Agreements; Local Listed Building Consent Orders and Certificates of Lawfulness of Proposed Works, which were all introduced by the Enterprise and Regulatory Reform Act and which are due to come into effect on 6 April.

Heritage Partnership Agreements allow for listed building consent to be granted for specified works relating to the alteration or extension, but not demolition, of identified listed buildings in advance for the duration of the agreement. The consultation says that such agreements have the potential to act as a management agreement for the medium to long term management and maintenance of listed buildings.

The draft regulations relating to these agreements are referred to as the 'Planning (Listed Buildings and Conservation Areas) (Heritage Partnership Agreements) (England) Regulations 2014', and are broadly based on the procedures for listed building consent applications but have been adapted to meet the requirements of Listed Building Heritage Partnership Agreements.

Local Listed Building Consent Orders allow local planning authorities to grant general listed building consent for certain works of alteration or extension, but not demolition, of certain listed buildings in their area. The general consent means that owners and developers will be able to carry out the works specified in the Order without having to submit a listed building consent application. The draft regulations are entitled 'The Planning (Local Listed Building Consent Orders) (Procedure) (England) Regulations 2014', and are based on those for Local Development Orders but adapted to meet the differing requirements of the listed building consent regime.

Certificates of Lawfulness of Proposed Works to listed buildings will allow owners and developers to obtain formal confirmation that works of alteration or extension, but not demolition, to a listed building that they propose to undertake do not require listed building consent. The relevant provisions of the Enterprise and Regulatory Reform Act provide that a certificate will only be valid for a period of 10 years from the date of issue.

The draft regulations are entitled 'The Planning (Listed Buildings) (Certificates of Lawfulness of Proposed Works) (England) Regulations 2014', and are broadly based on the procedures for Certificates of Lawfulness of Proposed Use or Development that relate to the Town and Country Planning Act 1990 regime, but adapted to meet the requirements of the listed building consent regime.

The consultation closes on 27 January.