Government proposes listed building consents simplification

The Department for Culture Media and Sport has published a consultation on the plans.

The Department said that it hopes that the measures will reduce the burden on developers and allow the public agencies administering LBCs to deliver a more efficient service, focussing on the areas of highest risk.

The consultation is in response to plans to implement the Penfold Review of November 2011. Those plans included a commitment to seek public consultation on simplifying listed building consent.

The consultation document sets out four options for change. These are: a system of prior notification; a system of local and national class consents; a 'certificate of lawful works to Listed Buildings', and a replacement of local authority conservation officer recommendations for LBC by those made by accredited agents.

Under the system of prior notification a local planning authority which received a notification could request a full LBC application or allow the specified time period to lapse, at which time LBC would be deemed to be granted.

A system of local and national class consents would apply to defined works to defined heritage assets and consents would be issued unilaterally by a local authority. For defined classes or classes of works crossing local authority boundaries, the Secretary of State, advised by English Heritage, would also be able to grant a class consent. This option would set aside the need for LBC for a defined class or classes of works affecting a defined area or group of heritage assets.

A “certificate of lawful works to Listed Buildings” would apply to proposed works to a listed building which do not have an impact on special interest, or to existing works carried out on the understanding that no LBC was required, with the local planning authority confirming that this was the case.

The fourth proposal is to replace local authority conservation officer recommendations for LBC by those made by accredited agents, if LBC applicants wish to do so. This option reflects the Government's preference to expand the range of expertise involved in decision-making on LBC cases so that decisions can be reached more quickly and effectively, while standards of protection are maintained.

The consultation also seeks views on new or improved measures to address building neglect, particularly to buildings which have been on the Heritage at Risk Register for a long time. Local authorities often find enforcement mechanisms problematic to exercise, and the Government would like to find new measures to tackle this, it said.

The consultation runs until 23 August.