English Heritage listed buildings protection: Changes to the ERR Act 2013

English Heritage and St Mary's Vicarage, Ely

English Heritage has made changes to the Enterprise and Regulatory Reform (ERR) Act 2013 to provide a more efficient system for protecting listed buildings.

The ERR Act was introduced to cut the costs of doing business in Britain, boost consumer and business confidence, and help the private sector create more jobs.

This affected the way in which English Heritage protected heritage sites and listed buildings in a bid to facilitate growth and development.

Now English Heritage has made changes – which commenced on 4th April 2014 – to further improve the efficiency of effective building protection.

New Listed Building Heritage Partnership Agreements (LBHPAs)

LBPHAs allow listed building consent to be given for alterations or extensions (but not demolitions) on individual or groups of listed buildings that are covered by this Agreement and for its duration.

Works that would usually require several grants for listed building consent will therefore be covered by a single consent system. This potentially covers a far longer period than standard consent.

Advice on drawing up a Listed Building Heritage Partnership Agreement

Introduction of Local Listed Building Consent Orders (LLBCOs)

An LLBCO is very similar to a LBHPA in that it grants listed building consent for alterations and extensions under a single mechanism to potentially cover a longer period than standard listed building consent.

Unlike a LBHPA, an LLBCO is granted by the local planning authority and covers listed buildings in a specified area for as long as the Order stands.

Advice on drawing up a Local Listed Building Consent Order

Introduction of Listed Building Consent Orders (LCBOs)

Made by the Secretary of State, a LCBO grants consent for alteration and extension works of any description to any listed property in England.

This means that the owner(s) of the building covered will no longer need to repetitively apply for consent on works covered by the Order.

Read more about Listed Building Consent Orders

Introduction of Certificates of Lawfulness of Proposed Works (CoLs)

A CoL is a formal confirmation that works, other than demolition, on a listed building do not require consent because they don’t affect the property’s character as a building of special interest.

Being able to produce a CoL is useful if alteration and extension works made on a listed property that didn’t require consent are later questioned by authorities.

Read more about Certificates of Lawfulness of Proposed Works

Other changes

New list entries and amendments will be able to declare that structures within the curtilage is the principal listed building – including those attached to it – are not of special interest. This will mean that consent is only needed when a special interest area is affected.

Additionally a Certificate of Immunity from Listing may be requested at any time . This is opposed to only being able to request a certificate when a building was being subjected to planning permission, meaning that developers can now be aware of the special interest of the building from the earliest points of planning.

Conservation Area Consent will no longer be required for the demolition of an unlisted building in a conservation area. The usual planning permission requirements apply.

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