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By HL Architects Newcastle


To begin, what exactly does the term “Listed Building” imply?

A structure listed on the National Register has certain safeguards in place that prevent it from being demolished, expanded, or altered without special permission. Important as a work of architecture or for the “national” historical significance of its contents.

Under the Planning (Listed Buildings and Conservation Areas) Act of 1990, the Secretary of State for Culture, Media, and Sport is responsible for compiling the list.  Historic England is responsible for providing advice to the Secretary of State. Structures receive the following grades:

  • Level One (of exceptional interest)
  • The second classification (particularly important or more than special interest)
  • The Secondary Level (of special interest)
  • Before making any changes to a building on the National Register of Historic Places, you must obtain Listed Building Consent (LBC).

Furthermore, Newcastle City Council has enacted a Local List of Buildings, which seeks to recognise and honour non-statutorily protected structures within the city that contribute significantly to the historic environment of the surrounding area. If you have reason to believe that a planning restriction has been violated in some way, such as by making unauthorised changes to a Listed Building, you must contact the Planning Enforcement team.

A “listed building” (also known as a “listed structure”) in the United Kingdom is a building or structure that is on one of four official lists maintained by Historic England[b] in England, Historic Environment Scotland in Scotland, Cadw in Wales, and the Northern Ireland Environment Agency in Northern Ireland. The Northern Ireland Environment Agency maintains the lists in Northern Ireland.

In the Republic of Ireland, the Planning and Development Act of 2000 provides comparable protections for buildings and other types of structures. In Irish law, this is referred to as a “protected structure.”

Any plans to demolish, enlarge, or otherwise modify a National Register of Historic Places building must be approved by a local planning authority, which frequently consults with the relevant central government agency. This is especially important to remember when performing extensive restoration work on historic sites listed on the National Register of Historic Places. Any demolition of a building on the National Register of Historic Places must be reported to a national amenity society in England and Wales.

Some worship buildings are exempt from the control of secular listed building authorities if the relevant religious organisation has its own system in place that is equivalent to the permissions process. Owners of historic properties who fail to make necessary repairs and maintenance to their properties, or who make unauthorised alterations to their properties, may face criminal charges. When the owners of a listed building make changes to or maintain the structure, they are frequently subject to stringent requirements.

The vast majority of the locations on the lists are buildings, but there are also bridges, monuments, sculptures, war memorials, mileposts, and milestones. Structures that are antiquated, military in nature, and located in uninhabited areas, such as Stonehenge, are sometimes protected as scheduled monuments under laws that are much older than those that protect historic sites. When referring to cultural landscapes such as parks and gardens, the term “listed” is now used in a more loosely restrictive sense.

A building permit is required for properties with historical significance.

Making changes to a historic building without first obtaining permission is a violation of the law.

If any of the following conditions are met, an application for listed building consent must be submitted:

You’ve decided to demolish a historically significant structure, correct?

If you want to change or add to a historic building in a way that fundamentally changes its identity, you are in category b. of this definition.

It is possible that you will need listed building consent to make changes to buildings located on the grounds of a historical landmark. This permission is required in order to make these changes.

If the local council either denies your application for listed building consent, grants it with conditions, or does not make a decision within eight weeks of the application being validated by the council, you have the right to file an appeal with the First Secretary of State (Office of the Deputy Prime Minister) (ODPM).

Check out the interactive map created by Newcastle’s Historic Environment and Conservation group for more information:

https://community.newcastle.gov.uk/mapping/hec-map

By pinching in or out on the map, you can see more or less detail in the area of interest. You can move the target by using the mouse or the arrow keys on your keyboard. If you click on the building, you will be able to learn more about it and even visit the website created specifically for it by Historic England. A toggle can be found in the top right hand corner of the map. This toggle allows you to toggle aerial photography on and off, as well as choose which layers to display on the map.

It is critical to remember that the boundaries are only meant to be used as a guide when determining whether or not a specific structure should be added to the National Register. There is a chance that the boundary indicated does not accurately depict the full extent of the listing and protection. The exterior and interior of a building are both protected when it is listed on the National Register of Historic Places. Any object or structure permanently attached to the building is also considered a part of the listed structure. Furthermore, any object or structure that is physically located within the building’s boundaries but is not permanently affixed to the building and has been on the land prior to July 1, 1948 is considered to be a part of the listed building. Before beginning any work on a building listed on the National Register of Historic Places, contact the Conservation Team to determine whether listed building consent is required.

A complete list of the listed buildings in Newcastle can be found on the British Listed Buildings website, which can be accessed at:

https://britishlistedbuildings.co.uk/england/newcastle-upon-tyne#.Y7Pw5uzP3zd.

Where does the legal enumeration process lead?

When a structure is listed on the National Register of Historic Places, it receives enhanced protection from the devastation caused by unapproved demolition, alterations, and additions. As a result, future asset management will be able to have the greatest possible impact on the way of life in the community, region, and country, as demonstrated by the list. Before any changes can be made to a historically or architecturally significant building, the owner must obtain a Listed Building Consent, also known as an LBC (see above).

Listing is a necessary component of the system that must be included in order for the regional planning organisations and the Office of the Deputy Prime Minister to effectively regulate environmental changes.

The Survival of Former Ways of Life

The process of legally protecting a cultural resource, such as a building or district, is known as “designation,” and the word “designation” is the noun form of the verb “designate.” Buildings are “listed,” historic sites are “scheduled,” vessels are “protected,” and parks, gardens, and battlefields are “registered.” Each of these terms refers to a slightly different stage of the process that is governed by a different body of legislation. A heritage asset is an element of the natural or built environment that is valued for its historical, archaeological, architectural, or artistic significance.

At the moment, only a small number of these have official recognition and enhanced legal protection. Even if a structure is not listed on the national or state registers of historic places, it is possible that preservation measures will be considered for it during the planning process.

A Novel Approach to the Protection of England’s Historic and Artistic Objects

The process of heritage planning for England’s historic landmarks has been streamlined as a result of the recent launch of several programmes. Only a small number of modifications had been implemented as of 2021.

In the year 2000, Alan Howarth, the Minister of Culture, Media, and Sport at the time, began the process of reviewing the organization’s policies and procedures (DCMS). Following this research, in the year 2000[23], an article titled “The Power of Place” was written and published. The policy document titled “The Historic Environment: A Force for Our Future” was published in December 2001 by the Departments of Culture, Media, and Sport (DCMS) and Environment, Transport, and the Regions (DTLR).  The Department of Culture, Media, and Sport (DCMS) issued a report [25] titled “Protecting our historic environment: Making the system work better” in July 2003 to address issues with the existing designation systems. In the green paper “Review of Heritage Protection: The Way Forward,” published by the DCMS in June 2004, the United Kingdom government and English Heritage committed to revising the listing criteria for buildings as part of the Historic Buildings and Conservation Review (HPCR) decision report.

Following feedback received on its heritage policy review in 2006, the government launched a consultation process to update Planning Policy Guidance 15, which outlines the criteria for listing buildings in England. On March 8, 2007, the government issued a White Paper titled “Heritage Protection for the Twenty-First Century,” in which it pledged to increase transparency surrounding the designation process and improve public access to historic environment information.

The final version of the Heritage Protection Bill was approved by the United Kingdom Parliament in 2008, after much debate. Despite widespread support for the bill on both sides of the aisle, it was decided to remove it from the House of Representatives’ legislative agenda in order to make room for measures to alleviate the credit crisis. This project’s goal was to create a centralised online database that “explains what is special and why” in terms of World Heritage Sites, buildings, parks, and gardens, as well as ruins and shipwrecks. English Heritage would be given direct responsibility for identifying historic assets throughout the country, and public consultation would be expanded. This would be done alongside the preservation of these assets. Obtaining permission to repair or restore older properties would have been easier if there had been less bureaucracy involved in the process.

Following years of consultation with heritage organisations, charities, local planning authorities, and English Heritage, the Department for Communities and Local Government (DCLG) published Planning Policy Statement 5, titled “Planning for the Historic Environment,” in March 2010. With the publication of this document, which outlined national policies for the preservation of England’s historic environment, PPG15 became obsolete.  The Department of Communities and Local Government, the Department of Communities and Local Government, and English Heritage all supported PPS5 and the accompanying Practice Guide[10], which detailed how to put its policies into action. The Department of Communities and Local Government includes [all of these] departments.

The National Planning Policy Framework will make Planning Policy Statements (PPSs) and Planning Policy Guidance Notes (PPGNs) obsolete in England, according to a statement released by the Department for Communities and Local Government in December 2010. On July 25, 2011, a consultation draught of this was made available for review, and the final version was made available for review on March 27, 2012. As a result of this fact, the timing of publication decisions began to shift. Additional revisions were made in 2018 and 2021, respectively.

Alteration

Local planning authorities and the Department of Communities and Local Government in England and Wales are in charge of maintaining listed buildings in those countries (i.e., not DCMS, which originally listed the building). Listed structures must have a “appropriate and viable use,” which can include structural changes and creative repurposing of existing elements.  A listed building, on the other hand, cannot be altered without first obtaining permission from the local planning authority.

In Wales, applications must be submitted on paper and filled out on a form obtained from the relevant local authority.

There is no way to express your agreement with the broad strokes of the argument in. The first step is to notify the Welsh Parliament before a local government can make a decision on whether or not to grant listed building consent (i.e. Cadw). The planning authority is under no obligation to consult with Cadw before deciding to deny the application.

In Scotland, applications must be submitted on a specific form, which can be obtained by contacting Historic Environment Scotland. Historic Environment Scotland is in charge of making recommendations on behalf of the Scottish Ministers after consulting with the local planning authority, the property’s owner, and, if possible, an impartial third party.

If the owners of a listed building attempt repairs without first obtaining the necessary permits, they risk facing legal ramifications. The owner may be required to pay the planning authority to have any unapproved work removed from the property.