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Building Regulations and Standards: planning near a listed building

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      CommentAuthordjh
    • CommentTimeSep 20th 2012
     
    What differences to planning does being next to a listed building make? That is, if you make a planning application for a site that is next to a listed building, are there any differences in the rules from an application for a 'regular' plot. Neither property is in a conservation area. What is the status of opinions about impact on the setting of the listed building?

    I'm aware of the need for PP on the boundary treatment.

    BTW, this is not a problem, I hope, just me wanting to understand where I stand. I think this has been mentioned before on this forum but I can't find it here or elsewhere, so perhaps somebody can remember. It appears to be an awkward question to google!
    • CommentAuthortony
    • CommentTimeSep 20th 2012
     
    If it is in the curtilage then a listed application is needed, if owned separately then probably a normal application but in all cases they will all want a finger in the pie.
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    We applied for permitted development for a 15 x 25 mtr barn within 100 mtrs of our listed building. Planners insisted that it was moved as close to Listed Building as possible without being within the curtilage which meant 20 mtrs away. Conservation office within council objected saying to close to listed building and therefore in Catch 22. Finally resolved at appeal with inspector accepting view of the Conservation office. Morale of story dont take anything for granted.
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      CommentAuthorted
    • CommentTimeSep 20th 2012
     
    The owners of the listed property could object to the planning application on the grounds that it adversely impacted the setting of their property. What weight the planning officials gave this would probably depend on the individual circumstances.
    • CommentAuthorRoger
    • CommentTimeSep 21st 2012
     
    The presence of the listed building nearby would be a 'material consideration' in determining the application. i.e. it could be used as a lever to achieve a 'better' design than might be acceptable otherwise.
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      CommentAuthordjh
    • CommentTimeSep 21st 2012
     
    Thank you all. 'Material consideration' is the key phrase that was eluding me. :bigsmile:
    • CommentAuthorRoger
    • CommentTimeSep 21st 2012
     
    Tony wrote 'If it is in the curtilage then a listed application is needed, if owned separately then probably a normal application but in all cases they will all want a finger in the pie.'
    Not strictly correct. If it's an existing building that is within the curtilage of the listed building, and 'curtilage listed' - you'd need listed building consent. If it were to be a new building but within the curtilage of a listed building, (but not physically attached to the listed building, or any curtilage structures!), it would just need normal 'planning permission'. Sorry to be a pedant! Djh - I grasp this isn't your scenario.
    • CommentAuthormattwardman
    • CommentTimeSep 22nd 2012 edited
     
    Having living in an LB for 40 years, my watchword even for a neighbour would be to talk to them first (Planning and BCO) but have a hoary old gone-round-the-block architect in place first to argue your case who is there for the visit, and to avoid offering concessions unbidden that may not be necessary. Don't necessarily say more than you need to.

    You need to take care as it can get very tickbox-y and clipboard-y, even though there is supposed to be more flexibility. A lot of Council bods are scared of taking responsiblity themselves so may cling to the letter of what they think are the rules. OTOH you may a dream of a planner/BCO.

    It is all up for grabs, so local precedents can be important.

    We have a Grade II listed Hall and had visits from BCOs in 1980 then 2010 and nothing in between because they seemed to forget about us. This last time was to talk about possibilities so that we could sell it more easily and talk to buyers.

    They even came out and couldn't find us first time:-), which for a 5000 sqft 16C-to-now Hall was going some.

    Our experience is that a series of novice-with-listed-buildings buyers have been scared off by either banks or BCOs sounding very demanding on how work must be done, even though we took the precaution of having a full structural survey first to prove that it was *very* sound.

    Consider doing any works on trees (eg removal) etc first, as they may get an overkeen Tree Officer and his auto-TPO rubber stamp involved.

    (Yes, I very much believe in applying risk-management to potential regulatory interventions.)
    • CommentAuthorPugliese
    • CommentTimeSep 25th 2012
     
    Just been through this with Grade II next door. We planned the house with no overlooking windows on the 1st floor and a high 2.5 to 3m beech hedge between us. So basically some common sense design to appease the planners and neighbours. We then prepared a Heritage statement - see attached.

    Ours sailed through - good luck
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      CommentAuthorfostertom
    • CommentTimeSep 26th 2012
     
    v subtle!
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      CommentAuthorted
    • CommentTimeSep 26th 2012
     
    It's worth checking your Local Development Plan (or whatever it may be called) to see if there are conditions concerning the settings of listed buildings. Some do have these.

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