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Introduction
Historic buildings are a precious and finite resource, and they are powerful reminders of the work and way of life of earlier generations. Buildings, which are of national importance for their ‘special architectural or historic interest’ when placed on the national list by the Department of Culture Media and Sport (DCMS), are known as listed buildings. There are about 4,000 listed buildings in Babergh, which form part of the District’s unique character.
Listed buildings are classified into three grades:
- Grade I buildings are those of exceptional interest
- Grade II* buildings are particularly important buildings of more than special interest
- Grade II buildings are of special interest
Why are they chosen?Reasons for listing buildings include one or more of the following: age, architecture, history, historical association, because with adjacent buildings they form an important group, or because they represent innovatory building techniques.
The older and rarer a building is, the more likely it is to be listed. All buildings built before 1700, which survive in anything like their original condition are listed, as are most built between 1700 and 1840. After that date, the criteria become tighter with time, because of the increased number of buildings erected and the much larger numbers which have survived, so that post-1945 buildings have to be exceptionally important to be listed. Buildings less than 30 years old are only rarely listed, if they are of outstanding quality and under threat. Buildings less than 10 years old cannot be listed.
What is protected?
The DCMS provides a brief identifying description of each building on the list; this is not a list of protected items. A copy of the description can be inspected at Babergh’s Office or at the County Record Offices.
Put simply listed building control extends from the chimney pots down to the foundations; from the front to the rear property boundaries and covers all structures and outbuildings in between. This includes all structures and objects forming part of the curtilage or grounds at the time of listing, if they were constructed before 1948. The inside of the property is also protected.
Owners’ responsibilities
The legislation has been put in place to protect the character of these buildings. The impact of this means that:
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you have a legal responsibility to repair and maintain your property, using appropriate materials and methods;
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you are legally required to obtain the necessary consent for any alterations, extensions or changes to the building and associated structures within the curtilage. This includes unauthorised works carried out by previous owners;
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it is a criminal offence to demolish, extend or alter a listed building without first obtaining Listed Building Consent. Penalties are usually imprisonment or a heavy fine of up to £20,000 (more if the case goes to the Crown Court).
Do I need consent?
Consent is required for the demolition of a listed building, in whole or in part, and for any works of alteration or extension which would affect its character as a building of special architectural or historic interest. Controls apply to all works, both external and internal, that would affect a building’s special interest, whether or not the particular feature concerned is specifically mentioned in the list description.
Consent is not normally required for repairs, but where repairs involve alterations, which would affect the character of the listed building, consent is required. Whether repairs constitute alterations, which would require consent is a matter of fact and degree, which must be determined in each case.
If you wish to redecorate the exterior of a listed building, you will need to complete a request for change of colour to exterior of a listed building (PDF, 8Kb), please download, print and complete the form and return with photographs to Development Control, Babergh District Council, Corks Lane, Hadleigh, Suffolk, IP7 6SJ.
Consent may also be required for works to buildings or structures within the grounds of a listed building if they were erected prior to 1 July 1948. The Development Control department will be able to advise on all aspects of listed building legislation as to whether or not consent is required.
How do I obtain consent?Listed buildings are irreplaceable and are subject to strict policies to protect them from unsuitable and insensitive alteration. Proposals for changes need to be drawn up with care and understanding. You are recommended to discuss your proposals with the Council prior to making an application so that you will know what is likely to receive support, so that your application is well presented and the reasons for making it are fully explained.
An application for Listed Building Consent currently attracts no fee but you may wish to employ professional assistance from an agent experienced with historic buildings. Your agent will be able to assist with completion of forms and submission of plans and other documentation in support of your proposal. Application forms can be downloaded from the Planning Portal website, where you can also apply on-line if you prefer. You can also request a set of applications forms via e-mail or telephone, using the contact details shown at the bottom of this page.
Always make your application well in advance of when you plan to undertake any work. Decisions on Grade II buildings are normally made within 8 weeks but for works to Grade I or Grade II* buildings a minimum period of 12 weeks should be allowed, as these incur additional statutory consulations with the National Planning Casework Unit.
Do I need planning permission?
In addition to the need for Listed Building Consent, certain works to listed buildings will also require planning permission. Furthermore planning permission will normally be required for constructing any outbuildings and walls/fences within the grounds of a listed building.
Advice is free
Babergh’s Development Control team can provide free impartial advice on repair and maintenance and the need for consent.
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