Draft regulations to simplify the listed buildings consent process have been published for consultation.

Draft regulations to simplify the listed buildings consent process have been published for consultation.
Based on an 
article from Planning Resource by Michael Donnelly


The consultation seeks views on the draft secondary legislation that has been prepared to accompany the heritage elements of the Enterprise and Regulatory Reform Act 2013.

The Act contains a number of provisions that directly affect the historic environment with the majority relating to listed buildings. Some of these require the preparation of secondary legislation before they are commenced on 6 April 2014.

The consultation document contains three draft regulations which relate to Listed Building Heritage Partnership Agreements, Local Listed Building Consent Orders and Certificates of Lawfulness of Proposed Works.

It also considers the "principles and approach in taking forward a programme of National Listed Building Consent Orders". Draft regulations on these will be published at a later date.

Under the government's plans, Listed Building Heritage Partnership Agreements would be established between councils and owners of large heritage estates to help manage changes over the long term without needing lots of repeat applications.

The consultation says these "have the potential, particularly when used as the basis for a management agreement, to act as a focus for owners, local planning authorities and other partners in reaching a consensus view on the medium-long term management and maintenance of the listed building(s) covered, to increase certainty over the aspirations and requirements of all parties, and to save time and resource for the partners".

Local Listed Building Consent Orders would be created by 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.

Certificates of Lawfulness of Proposed Works would allow owners and developers to obtain formal confirmation that works of alteration or extension (but not demolition) of a listed building which they wish to undertake do not require listed building consent because they do not affect the special architectural or historic interest of the building.

National Listed Building Consent Orders would be similar to Listed Building Heritage Partnership Agreements but would allow the secretary of state to grant a general listed building consent for works for the alteration and extension (but not demolition) of listed buildings.

The document says initial ideas on what could be included in a prospective order "should be discussed between key interested parties including the owner or manager of the group of nationally distributed listed buildings to be covered by the proposals, English Heritage, and relevant local planning authorities". 

The consultation says each draft order would be "debated and voted on in Parliament".

The document says a pilot National Listed Building Consent Order is being developed with the Canal and River Trust which would be used to test the methodology for developing future orders

Amongst other questions the document asks whether the duration of a Listed Building Heritage Partnership Agreement should be left to the discretion of individual local planning authorities and whether councils should only consult English Heritage on draft Local Listed Building Consent Orders where they cover Grade I and II* listed buildings.

Heritage minister Ed Vaizey said: "These provisions will provide real benefits for owners and local authorities by cutting costs and reducing bureaucracy. But they will also ensure existing levels of heritage protection are maintained whilst allowing local authorities to deliver a more effective and efficient service."

The consultation will run for 6 weeks and closes on 27 January 2014.