Any one with a listed building. I go by this golden rule:- Always approach for listed building consent no matter what your doing internally or externally. Then they will advise too what they approve and how and also advise what changes actually require planning applications / permission
@@PropertyWithAndrew the long winded ambiguous answer favoured by architects and planners alike, the pained delivery adds to it. I am actually looking at a lusted building as we speak, I may change my mind.
@@kevdoran9918 - there is no deemed consent for Listed buildings. Contrary to many estate agents' belief, the entire building (interior and exterior), including any object or structure attached/affixed to it or within its curtilage, must be treated as though it was listed. Please don't make the mistake of combining planning permission with listed building consent - the two are separate and distinguishable planning regimes. The erection of the conservatory, in this scenario, is entirely unauthorised, and by default, the new owner has taken any criminal liability for the unauthorised works. There is no immunity from such works, and it does run the risk of enforcement action and prosecution. The likelihood of prosecution in this case, given the length of time involved here, is on a sliding scale but there is nothing in law to stop the Council from doing so. It generally depends on the special interest and the extent of the works. In most cases, the Council will either want to see an application to retain it and thus regularise the breach of control or ask that it must be removed/rememdied. Of course, this may include other unauthorised works that might have affected the building. Potentially, in either way, the outcome could lead to enforcement action to remove it. Essentially, only listen to someone with an acute knowledge of Listed Buildings - not a builder, an estate agent or a seller as these people will lead you into trouble. As an example, I had a similar scenario many years ago, and the conservatory stood on the back of the property for the best part of 40 years. Through the buyer's solicitor, the Council got wind of the issues, and the Council had it removed including many other works to put it right, causing many problems for the sellers and buyers alike. There is an old story - the buyer beware. If you need any assistance, please send me details at david.lomas@mscplanning.co.uk
Interedtimg as a grade 2 property has been changed internally without approval as it was all before the register. Owner died, son is selling it, and ive spotted there is no approval for any of it. This is a massive risk as he just wants problem gone.
What is actually listed Grade 2 is usually external features If there is risk transferring can you insure it? Can you use to discount the price by removing the problem from him?
That could be a long process depending on how heritage England see this change it also depends on what is around the building and who would have their view affected
Any one with a listed building. I go by this golden rule:-
Always approach for listed building consent no matter what your doing internally or externally.
Then they will advise too what they approve and how and also advise what changes actually require planning applications / permission
@@tristan4169 great advice and thanks for sharing
Having developed grade two listed properties I am already getting frustrated just listening to this equivocation, it’s painful.
What in particular is frustrating you. The legal process involved or the answer
@@PropertyWithAndrew the long winded ambiguous answer favoured by architects and planners alike, the pained delivery adds to it. I am actually looking at a lusted building as we speak, I may change my mind.
@@kevdoran9918 we try and give all the detail so nothing left out hence long winded I guess. Better be complete than omit something
@@kevdoran9918 - there is no deemed consent for Listed buildings. Contrary to many estate agents' belief, the entire building (interior and exterior), including any object or structure attached/affixed to it or within its curtilage, must be treated as though it was listed. Please don't make the mistake of combining planning permission with listed building consent - the two are separate and distinguishable planning regimes.
The erection of the conservatory, in this scenario, is entirely unauthorised, and by default, the new owner has taken any criminal liability for the unauthorised works. There is no immunity from such works, and it does run the risk of enforcement action and prosecution. The likelihood of prosecution in this case, given the length of time involved here, is on a sliding scale but there is nothing in law to stop the Council from doing so. It generally depends on the special interest and the extent of the works.
In most cases, the Council will either want to see an application to retain it and thus regularise the breach of control or ask that it must be removed/rememdied. Of course, this may include other unauthorised works that might have affected the building. Potentially, in either way, the outcome could lead to enforcement action to remove it.
Essentially, only listen to someone with an acute knowledge of Listed Buildings - not a builder, an estate agent or a seller as these people will lead you into trouble.
As an example, I had a similar scenario many years ago, and the conservatory stood on the back of the property for the best part of 40 years. Through the buyer's solicitor, the Council got wind of the issues, and the Council had it removed including many other works to put it right, causing many problems for the sellers and buyers alike.
There is an old story - the buyer beware. If you need any assistance, please send me details at david.lomas@mscplanning.co.uk
There is no such thing as retrospective Planning Approval for Listed Buildings and one can't substitute an application for Existing Use for the same.
Interedtimg as a grade 2 property has been changed internally without approval as it was all before the register. Owner died, son is selling it, and ive spotted there is no approval for any of it.
This is a massive risk as he just wants problem gone.
What is actually listed
Grade 2 is usually external features
If there is risk transferring can you insure it? Can you use to discount the price by removing the problem from him?
I’m looking at buying a grade 2 listed barn and closing up the opening on one side and moving them to the other do u think this would be an issue
That could be a long process depending on how heritage England see this change it also depends on what is around the building and who would have their view affected
Are you not in the business anymore? The web page gives me an error.
Try propertywithandrew.co.uk to message through
A very helpful useful response
Pleased you appreciate it