Listed Building Consent etc. . When did these come in?

[LMC]

Can anyone tell me from what date(s) it was necessary to get a) PP b) LBC and c) Building Regs. approval for alternations to a listed building (in this case a very unsympathetic and oversized-for-the-building , both aesthetically and structurally, window installation).

I've just discovered such consents haven't been given on a property I'm wanting to buy. The Conservation officer says she wouldn't give retrospective consent so I would be in for some seriously expensive work. The vendor (I've yet to sign/exchange contracts - was due this week!!)) is telling me this window was installed - probably - before such consent were required. I very much doubt it!!

An answer to my questions would be greatly appreciated, and any other advice also. Thanks. LMC

 

[Nemesis]

Ask for some paperwork from the vendor... or get a price reduction to cover costs...

When was the building listed?

Planning and building regs consent is only a short time. LBC there is no time limit.

 

[Mark]

someone will be along with the right answer but I think that the original Town and country planning act was 1947 ?

I thought (incorrectly) that the first proper listings came in with the town and country planning act 1971, before that there were special building protection orders.
Wasnt the national survey in the 1960's ?

As to what was covered in the various versions and when ? /shrug

edit = you do know when the house was listed ? obviously lbc would apply until it got listed so if it escaped notice until later...

edit again because my dates were wrong - listing apparently started in 1950 and the t&cp acts started earlier - dont know when.

 

[Nemesis]

There's a long and detailed article about it in this:

http://www.donhead.com/architectural_conservation.htm

by Malcolm Airs. It's all too complex to precis here. Basically the 1990 Act though I think is the relevant one.

http://www.donhead.com/journal_architectural_conservation/jac_12_3.htm



Find out when the building was listed!

It's bound to be on Images of England...

http://www.imagesofengland.org.uk

 

[stickybeak]

.

 

[NT]

BR predates the rest by a fair way. I've seen the 1924 BRs. IIRC it was around the 1st world war that BR changed buiding practices significantly. But I cant remember the exact year.


NT

 

[Nemesis]

There are of course time limits for planning and certain other consents. After those have expired no action can be taken.

The only one I think probably relevant is LBC, and the local authority is usually keen to work with an owner without resorting to enforcement action.

 

[stickybeak]

There have been a number of new and revised BR over the years; in many cases these are not enforced where to do so would 'harm the character' of a listed building, but you still need to get a BR waiver in writing from your local authority.

You don't say whether the building is for domestic or commercial use, but there is a chance fire regs might also apply.

So-called 'Retrospective' permission (either PP or LBC) is notoriously difficult; applications usually have to demonstrate that the building would be otherwise unusable or at risk of some other permanent damage if the alterations were not allowed. PPG15 (referring to para 3.42 Section 8(3) of the Planning (Listed Buildings andConservation Areas) Act 1990) points out that permission is not, in fact, retrospective, it applies only from the date that it is given, and that prosecution or enforcement action in respect of the initial offence is still possible.

Access to PPG15 and Building Regs: here http://www.planningportal.gov.uk/england/professionals/en/1021020427913.html

 

[Penners]

I'm not sure whether this would be possible in your case, but it is sometimes possible for a vendor to take out a single-premium insurance policy, in order to protect a purchaser against any future comebacks relating to planning or building regs infringements.

You might want to ask your solicitor whether he/she feels you could demand this from your vendor.

Since you know for sure that such infringements have taken place, this may make such a a policy impossible, but it's worth asking.

 

[stickybeak]

I cannot vouch for the effectiveness of such insurance and do not know how often it has been tested, but here's a link to one such scheme:

http://www.lpoc.co.uk/insurance.asp

 

[Nemesis]

As I understand that this particular purchase is not now going ahead it's all rather academic, but prosecution can only happen to the person who committed an offence; enforcement can be taken against any subsequent owner. That is not something which happens very often in my experience. That's up to the local authority, although where an owner is willing to correct what has been carried out (as far as it's possible) then it's more usual to work with the owner - rather more cost effective really. Naturally the local authority would have to have convincing proof that an alteration had been carried out after a building was listed in order to take action.

As far as many other other regulations go, there are time limits after which no action can be taken.

I am dubious about insurance policies in the case of failure to get LBC, I have to say, for various reasons.

 

[Penners]

I understand that this particular purchase is not now going ahead

Oh? Where did you learn this?

 

[Nemesis]

From LMC.

 

[Penners]

Pity he/she didn't tell the rest of us.