DCMS consults on listed building consent reforms, tackling buildings at risk

The Government has launched a consultation on simplifying the listed building consent system and improving the way buildings at risk are dealt with.

The move is part of its response to the Penfold Review of Non-Planning Consent.

The Department for Culture, Media and Sport said the reforms were intended to reduce the circumstances in which listed building consent was required and reduce the level of information applicants were required to submit.

It claimed that this would reduce the burden on developers and allow those public agencies which administer the consents “to focus upon the highest risk areas and to deliver a more efficient service”.

Additional options for change have been introduced after consultation with heritage practitioners.

The options for consultation include:

• A system of prior notification leading to deemed listed building consent. Local authority planning authorities would be able to respond to the notification with a request for a full application within a specified time period, or to allow that period to lapse, with consent thereby deemed to be granted.
• A system allowing class consents for defined works to defined heritage assets to be issued unilaterally by a local authority. This option also proposes that the Secretary of State, advised by English Heritage, be enabled to grant a class consent for an area or group of assets that cross local authority boundaries for a defined class or classes of works.
• Allowing local planning authorities to grant a “certificate of lawful works” either for proposed works to a listed building which do not have an impact on special interest, or existing works carried out in the understanding that no listed building consent was required, and confirming that this was the case.
• Replacing local authority conservation officer recommendations for listed building consent by those made by accredited agents, if listed building consent applicants wish to do.

The consultation also reveals the Government’s concern with the number of listed buildings which have been on the Heritage at Risk Register for a long time.

It said: “Local authorities have powers to serve Urgent Works Notices or to pursue Compulsory Purchase Orders but find them problematic to exercise. This is a disincentive for carrying out any enforcement work in cases of listed buildings that appear to be neglected.”

The DCMS said it wanted to investigate reforms to measures available to deal with buildings at risk. This might include legislative reforms, “but could cover a wide range of measures”.

The Department said: “All [the options] are intended to meet the Penfold Review objectives, while ensuring that heritage assets are conserved in a manner appropriate to their significance, in line with the objectives of the National Planning Policy Framework, and at the same time to avoid increasing burdens on local planning authorities.”

A copy of the consultation can be viewed here.