Planning Approval and Associated Challenges: Oxford Grade II Listed Buildings
If you, like so many in Oxford, have fallen in love and bought a listed building, then you are likely to consider, with a degree of trepidation, the planning permission process for any internal remodel, renovations, repair or enhancements you have in mind.
Certainly, listed buildings are magnificently characterful and have become highly sought-after investments. Oxford boasts an impressive collection of Grade II listed buildings which have attracted a mix of international investors as well as homeowners who simply want to immerse themselves in the heritage and culture of yesteryear.
As you are no doubt aware, however, repairs, enhancements, renovations, or extensions to listed buildings are not quick, easy, or straightforward. You will undoubtedly need to consult specialists who can guide you and offer valuable building and planning advice.
Renovation Planning Approval and Associated Challenges
Over 92 percent of listed buildings in the UK fall into the Grade II category, so this is where we will focus on the purpose of this article. (We’re guessing that you’ve no plans to purchase and enhance Tower Bridge or Westminster Palace as examples of Grade I listed buildings.)
The point of the stringent regulations surrounding interventions to heritage buildings is for the purpose of maintaining the history and character of these special places. It is both a privilege and a responsibility to own a listed building and is worth remembering when you are seeking planning approval for your desired changes.
What many owners may not consider is that the listed building status applies to each and every part of the building, both inside and out. Whilst you may feel that effecting a small, relatively insignificant change would not be a problem – even something as minor as replacing windows or doors – it may well land you in hot water.
Listed building consent
Before any work can be started, consent needs to be granted by the local authorities, and there is usually a charge to apply for planning permission.
There are some alterations which may not require listed building consent, but due to the varied nature of listed buildings; their age, the materials they were built with, and numerous other factors, it’s always worth checking before starting any work.
Specialist planning advice in this instance will save you much time and frustration. For example, a minor repair using like-for-like materials may not pose a problem and serve as essential maintenance on the property. You won’t know for certain though unless you follow the correct channels.
Interpreting requirements
There is a lot of advice freely available regarding maintenance or conservation work on listed buildings, most of which is extremely useful.
However, not all of it is easily understandable and simple for the layperson to quickly digest and interpret.
As one source notes, “Buildings are listed in their entirety, inside and out, even though some parts may be more important than others. Your local planning authority should be able to supply a copy of the list description (listings for England are found at English Heritage).
“The amount of detail in the description varies and just because a particular feature isn’t mentioned, doesn’t mean it is not legally protected. Other structures within the surrounding land or ‘curtilage’ of the building may also be included, such as garden walls and even paving.”
This highlights the point that each project is unique, and nothing can be taken for granted.
Penalties
A specialist in Grade II listed buildings will always advise you on the correct procedures to follow to avoid penalties or fines.
Emphasising this point, UK building insurance company Hiscox, says, “Carrying out works on a listed property without consent is a criminal offence, which can carry serious penalties. If work has already begun, a listed building enforcement notice may be issued. This notice allows authorities to reverse the alterations done to a property, or to lessen the effects of the unauthorised works. Not only will you have to pay to restore the building, but you might also be liable for unlimited fines and even time in prison.
“It is possible to apply for retrospective listed building consent, however, if this is denied you may be penalised for any unauthorised work.”
Building costs
All too often, building costs for listed properties can take an owner by surprise.
A telling article from Financial Times, aptly entitled Best of Money: your Grade II listed dream or financial nightmare? details some of the tripwires facing owners of listed buildings.
In their example cited, a retired engineer purchased a 1500s timber-framed property in Essex intending to bring it back to life. His £200,000 budget fell markedly short of the £400,000 he ended up spending on the building.
To avoid inheriting unwise decisions of prior owners, a wise buyer will check the existence of relevant permissions for any work or repairs done on a listed property prior to exchanging contracts. As this can be a contentious issue with many caveats, seeking out the advice of a specialist before signing on the dotted line would be the wisest course of action.
Common planning permission considerations and issues
Which confirms these challenges and lists some of the biggest headaches that owners have experienced with general planning or building works.
- Having plans rejected by the planning authority because of errors.
- Difficulty getting permission for listed buildings and homes in conservation areas (Most of the city centre of Oxford is Conservation Area), these areas are subject to “special controls.”
- The time and expense of additional surveys, such as heritage statements or bat surveys.
- Underestimating objections from neighbours. Every single planning application is consulted with the property’s immediate neighbourhood. Neighbours and the parish council may want to oppose to the proposed alterations, this is why it is good to talk them through the proposal before submitting for the consent avoiding unpleasant public argument. The power is in the planning and conservation officers’ hands and their delegated powers though, so best to win their support.
- Having to get retrospective planning permission for work done by previous owners.
- Leasehold properties, for example, flats in an apartment block; this affects what might be allowed because you have to consult not only with planning authorities but also with other leasehold owners within the building, as well as with the owners and management company of the property.
- The Oxford Preservation Trust is consulted on every panning application concerning the city centre
- It is very important to be consistent in the negotiations with the council.
Figure 1 Source – Which.co.uk
In conclusion
Prolonging the life of Grade II listed buildings is important to preserve our heritage and culture. We at MarbleAir Architects would like to offer our services as specialists in Grade I, II and *II listed buildings and assist you with planning advice for repairs, enhancements, renovations, or extensions.
Please feel free to contact our team of architects and designers to get the absolute best out of your property.
