As an owner of a Listed Building what restrictions are there; Can I just carry on with maintenance?
What does being in a Conservation Area mean; Is it the same as a Listed Building?
You are not alone if this all sounds the same and confuses you! The simple answer to both of these questions is 'no' but let me expand.
LISTED BUILDINGS:
Definitions; There are three main types of listed that are defined as Grade 1, 2* and 2
Grade 1: Buildings of exceptional interest, of the highest significance
Grade 2*: Particularly important buildings of more than special interest
Grade 2: Buildings of special interest, warranting every effort to preserve them
The purpose of listed building consent is to manage change to make sure that the features which contribute to the building’s special architectural or historic interest are retained, as far as possible. These may include its form and layout, the details of its construction, including historical materials and finishes, and historical fixtures, fittings and details, both inside and outside.
In the case of a listed building, any works to alter, extend or demolish the building in a way that affects its character as a building of special interest require listed building consent from the local planning authority, whether planning permission is also needed or not. Listing status covers the entire building, internal and external, and so works which require consent might include the replacement of windows and internal alterations, for example.
It is a common misunderstanding that the special interest of a listed building lies only in its features, such as fireplaces and plasterwork. The special interest is found in its history and architecture. The general form and layout of the building may be as important in this regard as any eye-catching "period feature".
Gaining permission is not as daunting as you may think though. A well written heritage statement is one of the main elements to a Listed Building Application. As much research as possible on the history and important features of your building goes into this, along with any changes that have occurred over time, both good and bad! This then becomes a key document and the research can be used to both inform the design and justify the decisions made during the process.
The project pictured below is recently underway in Llandeilo and was slightly unusual as the permission was submitted and gained by one owner but passed on to the next as the building was sold during the process. The importance was to maintain the look of the shop front and preserve it for the next 100 years and so I was really pleased to gain Listed Building Permission with the options of both a temporary fix and a long term preservation that includes an upgrade in material quality. Research for the heritage statement revealed that the tiles had been painted before, so this was the precedent for a repaint being applied for and accepted with a full replacement of the tiles granted in the future.
The first stage to protect this wonderful shop front from further deterioration has now been completed and the rest will be an ongoing project for the current owners. I was very surprised by the attention that this first stage painting gained and am really pleased that so many people take notice and are passionate about the heritage of our town.
CONSERVATION AREAS:
Conservation Areas are designated to preserve and enhance the special character of areas of architectural or historic interest. They focus on the wider area rather than one individual building.
The designation of such areas comes under Section 69 of the Planning (Listed Buildings and Conservation Areas) Act 1990. They are selected according to the quality of the area as a whole, including the contribution of key individual or groups of buildings, trees, open space and streetscape. The purpose of designating a Conservation Area is to provide an additional measure of control over an area considered to be of special historic of architectural value where the character or appearance of which it is desirable to preserve or enhance.
This does not mean that development proposals cannot take place, or that works will be automatically refused. It means however that the Council will have regard to the effect of a proposal on the designation in addition to the normal assessment.
You will need conservation area consent to do the following:
• Demolish a building with a volume of more than 115 cubic metres. There are a few exceptions - you can get further information from the relevant council.
• To demolish a gate, fence, wall or railing more than one metre high next to a highway (including a public footpath or bridleway) or public open space; or more than two metres high elsewhere
• There are certain exemptions from the general requirement to seek conservation area consent for the demolition of buildings in conservation areas.
Character is expressed through such things as building styles, materials, street layouts, land use and periods of development. Within the planning system, applications for change within a Conservation Area are assessed to understand the effect that the development might have on significance.
Significance is one of the guiding principles running through Planning Policy Wales 2021 (PPW). This may be archaeological, architectural, artistic, or historic significance and it may derive not only from a physical presence but also from its setting.
Additional regulatory controls are placed upon certain works within Conservation Areas, including demolition, works to trees and advertisements. All planning decisions are required to be assessed against the significance of the area to ensure it is maintained and where possible enhanced.
To take the first steps to begin
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