The Essentials of Listed Building Consent
When it comes to outstanding architecture in the Highlands, Inverness Castle must be close to the top of the list. After a full-scale renovation, the clifftop fortress has been transformed from the home of Inverness’ Scottish Courts and Tribunals Service to a new visitor attraction: The Inverness Castle Experience. What many may not realise is that, the castle originally built in the 1800s following the destruction of the previous castle structure by the Jacobites, is a Category A listed building. Its redevelopment is a useful reminder of the additional considerations that apply when altering historic properties.
What Is a Listed Building?
If your property, like Inverness Castle, is a listed building, it is more than just a home or a commercial premises, it is a protected piece of heritage. With this status, comes statutory protections and legal obligations. This is particularly true in the case of altering or developing a listed building where further protections apply. In some cases, this will include obtaining Listed Building Consent before any work can proceed.
Listed buildings are buildings structures of “special architectural or historic interest”, designated compiled by Historic Environment Scotland, and are protected under the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 (as amended).
Historic Environment Scotland categorises listed buildings into one of three listing categories according to their relative importance. These categories are largely defined as:
- Category A - Buildings of special architectural or historical interest (for example Inverness Castle) which are outstanding examples of a particular period, style or building type.
- Category B - Buildings of special architectural or historic interest (for example Inverness High School) which are major examples of a particular period, style or building type.
- Category C - Buildings of special architectural or historic interest (for example Inverness War Memorial).
Listed status can also extend beyond the main building. Objects or structures that are fixed to the building or that lie within its curtilage and have done so since before July 1948 may also be protected.
Why Do You Need Listed Building Consent?
In Scotland, if you are planning on making any changes including alterations, development or even demolishing a listed building, it is very likely you will be required to apply for Listed Building Consent if your proposed works (either externally or internally) are deemed to affect the building’s special character.
Minor works or “like-for-like” repairs which do not alter the character of the listed building are unlikely to require Listed Building Consent. However, it is strongly recommended that owners consult the local planning authority before starting any work, as carrying out unauthorised works can have serious consequences.
How Do You Obtain Listed Building Consent?
Listed Building Consent applications are typically dealt with by the relevant local authority to which the building relates, often in consultation with Historic Environment Scotland. The application process is similar to that for planning permission and typically requires accompanying plans and a justification statement. There is also no fee to apply for applying for Listed Building Consent. If the application is approved, the local authority will issue Listed Building Consent, which may include conditions attached to the consent.
An important point to note is that Listed Building Consent is actually distinct from planning permission, and both can often be required, dependent on the intended works. Even if planning permission is granted by the local authority, Listed Building Consent must be applied for separately if it is required.
Failure to Comply
Failure to comply with the statutory responsibilities for a listed building is a criminal offence. In certain cases, penalties can include an unlimited fine or imprisonment and it can be expensive to undertake remedial works.
If a planning authority believes that works have been carried out without Listed Building Consent, or are ongoing on a listed building, they can seek an interdict (a court order preventing further work) or issue a Listed Building Enforcement Notice. The Listed Building Enforcement Notice will outline the alleged breach and set out specific actions to either restore the listed building structure to its previous condition or to achieve the state it would have been in had any Listed Building Consent been applied and followed along with a date for compliance. Failure to comply with a Listed Building Enforcement Notice is itself an offence.
A Cautionary - and Positive - Example
Another well-known Category A listed building in the Highlands is Ardross Castle, made famous as the filming location for BBC One’s The Traitors. Unlike contestants facing banishment, the owners of Ardross Castle have ensured they remain in good standing by securing the appropriate Listed Building Consent for previous alterations.
Beware the Conservation Area
You may not own or be looking to purchase a Listed Property, but could your property be in a Conservation Area? There are over more than 600 designated conservation areas in Scotland. If your property is within one of those areas, then there are stricter controls with development having to preserve or enhance the areas’ special character. Permitted Development rights that you would normally have as a homeowner are also reduced. It is therefore extremely important to take this into account should you require planning permission.
Don’t build trouble into your heritage - if you need advice on the listed status of your property or proposed works, or if you are facing Enforcement action, contact our Planning and Environment Team today on 03330 430350.
