Martin Goodall’s Planning Law Blog

Martin Goodall’s Planning Law Blog

The government is proposing some important changes to simplify the machine of listed building control. That is part of the execution of the suggestions of the Penfold Review. The obvious changes will require principal legislation, and so their launch will be influenced by locating the necessary parliamentary time (so they aren’t imminent). That is yet another exemplary case of some of the ideas canvassed for the reason that piece is applied.

“I also propose to relax the settings over alterations to listed structures. The proposal, which I put in the mouth area of my alter ego was rather simpler. It had been confined solely to buildings listed as Grade II. Grade I listed buildings (that are far less numerous) as it does at present. This would be considered a great deal simpler than what the federal government is now proposing and may be implemented a lot more quickly.

There are very few interior features in Grade II listed structures which are of special architectural or historic importance in themselves, and so there would be comparatively little risk of significant features being lost in this real way. The government’s actual proposal is not confined to Grade II listed buildings, nor is it confined to interior features.

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It is therefore rather wider in its effect than what I had suggested, but its implementation will be influenced by extensive re-inspection and may therefore be significantly delayed. The government also proposes to change the procedure for seeking a certificate of immunity from listing such that it can be utilized more flexibly.

Another simplification of the existing control routine is the proposed replacement unit of the necessity for conservation area consent for the demolition of unlisted buildings in conservation areas by a requirement of planning permission instead. Another manner in which the government suggests that the LBC routine might be simplified is by introducing a previous notification process. Another intriguing suggestion that the federal government is canvassing is the likelihood that they could legislate to allow qualification of applications for Listed Building Consent by accredited indie agents.

This would be analogous with the existing procedure of the building control system. Such self-employed agencies would presumably need to be conservation architects or similar professionals with comparative certification and experience. Something informs me that this can be a basic idea that is not going to take off. We will see what emerges from the forthcoming consultation exercise.

A discussion exercise is also proposed about minimum compensation where an outlined building is compulsorily purchased in exercise of detailed building enforcement power. The target is to devise a legal description of the circumstances where the minimum payment should be payable. At the moment this is uncertain, and is the subject of expensive and sometimes bitter legal dispute inevitably. I assume that it’s DCMS, than De-CLoG rather, which is the sponsoring department for the proposed legislation.

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