Lost Listing!

[Flyfisher]

Applications for listed building consent are recommended for refusal by officers, but then granted by members as is their democratic right.

That's a bit concerning. I read enough about 'Rotten Boroughs' in Private Eye to know that occasionally bad things happen but surely it is only occasionally?

Do the council members have to give their reasons for ignoring the recommendations of their appointed expert on such matters?

 

[garnett]

Hi

The system is pro development so not really an issue. There is no appeal against the granting of a permission. Only the refusal. There is of course Judicial Review if the decision has been made improperly, but this is procedural rather than merit based.

The National Planning Policy Framework allows for this type of decision. The harm to a heritage asset must be balanced with the economic benefit. The more the harm, the higher the benefit required.

The other scenario that you see is unauthorised work to a listed building. Enforcement action can sometimes have wider implications. It is difficult in genuine cases where ignorance has played a part. People rely on downsizing the family home for retirement. Unauthorised works are picked up at survey costing £100K plus to put right. Potentially that is the retirement pot gone. Members are only human and these issues are very difficult morally.

Garnett

 

[Penners]

Just taking this all in but unsure how to proceed

'I can confirm that the building was indeed de-listed. English Heritage carried out a project in 2010 in order to consistently grade churches before the launching of the National Heritage List for England (NHLE) and limited notification took place.

The local authority were notified about the decision to de-list. I attach a copy of the letter, which states that the church had lost its special interest. The letter states that the authority were required to notify the owner. I am very sorry that English Heritage did not notify you directly at the time of delisting.'

It sounds as though someone has been at home to Mr Cockup. You should have been informed of the de-listing.

You say that you're not sure how to proceed - proceed with what? Are you planning some alterations to the building that would - if it were listed - require LBC? If so (or even if not), I think I would write to the local authority, enclosing copies of all of the relevant correspondence, and ask them to write you a formal letter confirming that the property is no longer listed. Assuming they comply, this letter should then be stored with all the important paperwork relating to your house. I'm not sure whether the Land Registry should also be informed, but hopefully they will be able to advise you on that.

 

[benmc]

Had a while to calm down about the whole situation. I guess my frustration was we jumped through hoops as it was Listed. Then due to multiple failures it gets delisted and we were never informed. If I took similar action in my professional life then I am sure I would not have a job but in this instance nothing seems to happen when serious mistakes are made.

eH have now come back and offered to consider for Listing. As we are considering selling, we have politely passed on the offer. It should mean the sale is smoother.

Thanks for the advice and sorry for the rant.

Ben