Simon Dimmick and Kayleigh Chapman, in our leading Planning & Environmental law team, explain why careful design is needed when developing or altering listed buildings.
The Planning Inspectorate has dismissed an appeal under Section 20 of the Planning (Listed Building and Conservation Areas) Act 1990. The proposed development which was the subject of the appeal was a single storey rectangular plan extension. The property is a grade II listed dwelling in Essex, the listing of this property specifically refers to the “hexagonal” plan of the property.
The main issue was whether the proposed development would preserve the listed building or “any features of special architectural interest”.
In reaching his decision the Inspector paid special attention to the “architectural composition, simple symmetry and historical association with the Spains Hall Estate” finding that the proposed rectangular extension would “detract from the original plan form and overall shape of the building and would thereby disrupt the carefully composed geometric symmetry” of the dwelling.
The Inspector did acknowledge that modern living requirements have increased since the property was built in the late 18/early 19 century. However, modern living requirements needed to be balanced against the need to protect the historic significance of the listed building.
Conclusion
Listed buildings are finite resources and contribute to the country’s heritage. Our planning laws are in place to protect them from insensitive development. However, the laws and relevant guidance do not prohibit all development or alterations to listed buildings and it is generally acknowledged that it is important to ensure that such buildings are kept in use and do not fall into disrepair. The key is good design, sympathetic to the listed building and its surroundings. Special regard should be given to the National Planning Policy Framework, Planning Practice Guidance, Historic England’s Good Practice and of course, the listing itself. If you own a listed building which you would like to extend or make alterations to you should seek professional advice to maximise your chances of success in securing listed building consent. It is a criminal offence to alter, demolish or extend a listed building in any way “which would affect its character as a building of special architectural or historic interest” without listed building consent.
For further information or legal advice, please contact law@blandy.co.uk or call 0118 951 6800.
This article is intended for the use of clients and other interested parties. The information contained in it is believed to be correct at the date of publication, but it is necessarily of a brief and general nature and should not be relied upon as a substitute for specific professional advice.
