Listed Buildings and Conservation Areas

538 Restrictions on the Use of Land

50.3 The result of listing is that it becomes an offence6to carry out any works for the demolition of the building or for its alteration or extension in any manner which would affect its character as a building of special architectural or historic interest without listed building consent.7The LPA may (in addition to prosecution) also issue a listed building enforcement notice with a view to the restoration of the building.8Failure to comply with an enforcement notice is an offence.9Where the LPA (or the Commission) considers it expedient, it may

of a listed building: Debenhams plc v Westminster City Council [1987] AC 396; Skerritts of Nottingham Ltd v Secretary of State for the Environment, Transport and the Regions [1999] JPL 932; Lowe v First Secretary of State [2003] 08 EG 129 (CS); Sumption v Greenwich London Borough Council [2007] EWHC 2776 (Admin). The prohibition on works to listed buildings may involve works to the interior of the building if they affect the special character of the building (see s 1(5)) or works which do not even fall within the definition of development or which are permitted developments.

6Under LBA 1990, s 9. Section 7 contains a prohibition on works for the demolition of a listed building or for its alteration or extension in any manner which would affect its character as a building of special architectural or historic interest, unless the works are authorised by the LPA or the Secretary of State on an application for listed building consent made under s 10 and they are executed in accordance with the terms of the consent and of any conditions attached to it (s 8). In the case of demolition (involving demolition of the whole or substantially the whole of the building, see Shimizu (UK) Ltd v Westminster City Council [1997] JPL 523), there is an additional requirement that notice of the proposal to execute such works has been given to Historic England (formerly English Heritage)/the Royal Commission on the Ancient and Historical Monuments of Wales, which are to be afforded the opportunity (of at least one month following the grant of consent to demolish the building) to access the building for the purpose of recording it. The offence is one of strict liability from which it follows that evidence of the defendant’s intent or state of mind is irrelevant (R v Wells Street Metropolitan Stipendiary Magistrate ex parte Westminster City Council [1986] 3 All ER 4).

7LBA 1990, s 7 sets out the basis of the system of listed building control (i.e. no unauthorised works to listed buildings); s 8 deals with the pre-conditions for the authorisation of works in the case of listed buildings; and s 9 makes it an offence to contravene s 7 (i.e. no listed building consent and a failure to comply with a condition attached to a consent). There are defences under s 7(3): (a) that the works were urgently necessary in the interests of health and safety or the preservation of the building; (b) that it was not practicable to secure health or safety or, as the case may be, the preservation of the building by works of repair or works for affording temporary support or shelter; (c) that the works carried out were limited to the minimum measures immediately necessary; and (d) that notice in writing justifying in detail the carrying out of the works was given to the LPA as soon as reasonably practicable. Section 9(4) provides that a person guilty of an offence under s 9 shall be liable: (a) on summary conviction to imprisonment for a term not exceeding 6 months or a fine not exceeding £20,000, or both; or (b) on conviction on indictment to imprisonment for a term not exceeding 2 years or an unlimited fine, or both. In determining the amount of any fine, the court shall in particular have regard to any financial benefit which has accrued or appears likely to accrue to the offender in consequence of the offence (s 9(5)). It is also an offence to demolish a listed building, or to cause such work to be done, without giving notice to Historic England (s 8(2)).

8LBA 1990, s 38. Such notice may be appealed (on any of the grounds listed in s 39(1)) to the Secretary of State (who, inter alia, may quash or vary the listed building enforcement notice or may grant listed building consent for all or part of the works to which it relates or may even remove the building from the statutory list), and thereafter to the High Court on a question of law (s 65).

9LBA 1990, s 43(2). See defences in s 43(4). The LPA may also carry out the work and recoup the expenses reasonably incurred by it in doing so under s 42.