Listed buildings and conservation areas - frequently asked questions

Listed buildings

If you wish to alter, extend or demolish part or all of a listed building, then you must first obtain listed building consent from the Salisbury District council.

In addition, if you wish to demolish an unlisted building within a conservation area, then may require conservation area consent.

The legislation and guidance relating to listing building and conservation area consent regularly changes. The answers below reflect current legislation and guidance.

What are listed buildings?

Listed buildings are those that appear on the government's lists of buildings of special architecture or national importance. The main criteria for inclusion on these lists are:

  • Architectural interest: the lists should include all buildings of importance to the nation for their architectural design, decoration and craftsmanship. This also includes also important examples of particular building types and techniques (e.g. buildings displaying technological innovation or virtuosity) and significant plan forms (also note as 'footprint').
  • Historic interest: this includes buildings which illustrate important aspects of the nation's social, economic, cultural, military history or which have a close historical associations with nationally important people or events.
  • 'Group value': where buildings comprise an important architectural or historic unity, or a fine example of planning (e.g. squares, terraces or model villages).

Not all these criteria will be relevant to every case, but a particular building may qualify for listing under more than one of them.

Age and rarity are relevant considerations, particularly where buildings are proposed for listing on the strength of their historic interest. The older a building is, and the fewer the surviving examples of its kind, the more likely it is to have historic importance.

Thus, all buildings built before 1700 which survive in anything like their original condition are listed, and most buildings of about 1700 to 1840 are listed, though some selection is necessary.

For buildings built since 1840 greater selection is necessary to identify the best examples of particular building types. This is because of the greatly increased number of buildings erected and the much larger numbers that have survived, Therefore only buildings of definite quality and character are listed.

For the same reasons, only selected buildings from the period after 1914 are normally listed. Buildings which are less than 30 years old are normally listed only if they are of outstanding quality and under threat. Buildings which are less than ten years old are not listed.

Historic listed buildings are given grades to reflect their relative importance:

  • Grade I – buildings of exceptional interest (approximately 2% of the total number of listed buildings).
  • Grade II* – buildings of particular importance, possibly possessing outstanding features (approximately 4% of the total number of listed buildings).
  • Grade II: buildings of special interest (approximately 94% of the total number of listed buildings).

A complete set of lists for the whole country is available for free public viewing. This is available at the National Monuments Record of the Royal Commission on the Historical Monuments of England. More information on the National Monuments Record.

Each local authority also keeps the lists relating to its own area available for free inspection. Entry on the Secretary of State's list is a registered land charge (i.e. that a search carried out by solicitors as part of the property-purchasing process), and this information will be revealed on property searches.

How do I find out if a building is listed?

Use the online map search to find out if a building is listed or in a conservation area.

How do I apply for listed building consent?

Complete and return the application form for listed building consent

In what circumstances will I need to apply for listed building consent?

Once a building is listed, consent is normally required for:

  • its demolition – in whole or in part
  • any works of alteration or extension which would affect its character as a building of special architectural or historic interest

Consent is also normally required for a building that is subject to a building preservation notice. Salisbury District Council may serve a building preservation notice as a temporary safeguard where it believes that an unlisted building of special architectural or historic interest is in danger of demolition or character-affecting alteration.

The lists of historic buildings include a description of each building – this is principally to aid identification.

List descriptions are not intended to provide a comprehensive or exclusive record of all features of importance, and the amount of information given in descriptions varies considerably. Therefore if a feature is not included in the description, this does not mean that it is not of interest or that it can be removed or altered without consent.

It is a common misconception that only the exterior of a building is protected. However, the protection extends to both the interior and exterior of the property. Protection can also extend to so-called 'curtilage buildings' and certain fixtures. This covers any object or structure which is fixed to the building or is within the curtilage and forms part of the land, and which has done so since before July 1948. These will also be treated as part of the building for the purposes of listed building control.

If you are in any doubt about the listed status of a building or other structure, contact the council. It is important that you are aware of the status of the building. Unauthorised works to a listed building can carry heavy penalties – so it is always better to ask first.

What are the penalties for unauthorised works?

Altering or demolishing a listed building without consent can attract heavy penalties: a fine of up to £2,000 or three months' imprisonment.

An offence is committed unless works have been specifically authorised. Only if works are essential because of public safety can a case be made for demolition, but even then a Dangerous Structure Notice has to be served by Salisbury District Council.

Do I need consent for repairs?

You don't normally need consent for repairs. However, where repairs involve alterations which would affect the character of the listed building, consent will be required.

If you are in any doubt as to whether the works you are proposing would be classed as repairs, contact the council.

What considerations will apply in determining my application?

The issues that are generally relevant to the consideration of all listed building consent applications are:

  • the importance of the building, its intrinsic architectural and historic interest and rarity – nationally and locally
  • the particular physical features of the building (which may include its design, plan, materials or location) which justify its inclusion in the list. List descriptions may draw attention to features of particular interest or value, but they are not exhaustive. Other features of importance (e.g. interiors) may come to light after the building's inclusion on the list.
  • the building's setting and its contribution to the local scene. For example where it forms an element in a group, park, garden or other townscape or landscape, or where it shares particular architectural forms or details with nearby buildings
  • the extent to which the proposed works would bring substantial benefits for the community, in particular by contributing to the economic regeneration of the area or the enhancement of its environment (including other listed buildings)

Once a decision has been made by Salisbury District Council, and if you are unhappy with it, you can appeal to the Secretary of State. You will be given details of how to appeal with the notification of the decision.

Are any grants available for work on listed buildings?

Repairs to a listed building may qualify for financial assistance from Salisbury District Council, Wiltshire County Council or English Heritage.

English Heritage offers grants for 'outstanding' listed buildings – normally only Grade I and II structures.

Grade II listed buildings may qualify for either the County council or District Council Historic Building Repair Grant Schemes. The District Council normally offers up to 25% of the cost of repairs to eligible Grade II listed buildings, up to a maximum of £1500. However grants are discretionary and funds are limited.

In addition to the District Council and County Council grant schemes, a Town scheme operates within the City of Salisbury. Through this scheme, eligible properties can qualify for 40% grant assistance for repairs – this is made up of contributions from English Heritage and the County and District Councils.

Financial assistance may also be available for repairs to a listed building through a House Renovation Grant under the Housing Acts. You may consider consulting charitable trusts, particularly if your building is going into community use or of it has particular amenity value.

Alterations to a listed building is usually exempt from VAT, as long as listed building consent has been granted and the work has been carried out by a VAT registered contractor. All other work is subject to VAT.

What policies apply to listed buildings?

There are specific policies relating to listed buildings in the Salisbury District Local Plan.

View the policies governing listed buildings.

Conservation Areas

What are conservation areas?

Conservation areas any areas of special architectural or historic interest for which it is desirable to preserve or enhance the character or appearance. There are now more than 8,000 conservation areas in England.

While listing procedures are focused on the protection of individual buildings, conservation area designation is the main instrument available to authorities to give effect to conservation policies for a particular neighbourhood or area. Designation introduces a general control over the demolition of unlisted buildings and provides the basis for policies designed to preserve or enhance all the aspects of character or appearance that define an area's special interest.

In what circumstances will I need to apply for conservation consent?

Conservation area designation governs the demolition of most buildings and some other structures within conservation areas. Therefore if you live in a conservation area and you want to make significant alterations to a building, you will need to apply for conservation area consent.

However, there are certain exceptions – Salisbury District Council can advise you join your specific case. It is advisable to talk to your local planning authority before demolishing a building or other structure within a conservation area.

How do I apply for conservation area consent?

Complete and return the application form for conservation area consent.

How do I find out if I live in a conservation area?

Use the online map search to find out if you live in a conservation area.

What considerations will apply in determining my application?

The prime consideration for determining conservation area is the preservation or enhancement of the area's character. Particular considerations of importance include:

  • the part played in the architectural or historic interest of the area by the building for which demolition is proposed
  • the wider effects of demolition on the building's surroundings and on the conservation area as a whole

The general presumption is in favour of retaining buildings which make a positive contribution to the character or appearance of a conservation area.

Once a decision has been made by Salisbury District Council, and if you are unhappy with it, you can appeal to the Secretary of State. You will be given details of how to appeal with the notification of the decision.

Scheduled monuments

Scheduled Monument Consent is required for development on or within the curtilage of a scheduled monument. This may be in addition to other requirements, such as planning permission or listed building consent.

For all work, including repairs, to a scheduled monument – whether above or below ground – the Secretary of State must be notified. All applications are made direct.

View the specific policies governing Scheduled Monuments.

Can I appeal against a decision?

Once a decision has been made by Salisbury District Council, and if you are unhappy with it, you can appeal to the Secretary of State. You will be given details of how to appeal with the notification of the decision.

What policies apply to conservation areas?

There are specific policies relating to conservation areas in the Salisbury District Local Plan.

View the policies governing conservation areas.

Where can I get further advice?

If you are considering any work to a listed building, a building in a Conservation Area, a Scheduled Monument or an Archaeological site, always consult the Salisbury District Council Planning services.

Is there any information I can download?

Yes. You can download the following guidance notes.

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Contact details:

Telephone:
01722 434362

Fax:
01722 434520

email:
forwardplanning@salisbury.gov.uk...

Postal address:
Forward Planning & Transportation
Planning Office
61 Wyndham Road
Salisbury
SP1 3AH