The following Local Government guidance note provides comprehensive and up to date legal information covering:
There are three ways in which a local planning authority (LPA) may take enforcement action against unauthorised works, or potential/impending future unauthorised works, to a listed building:
through service of a listed building enforcement notice, and/or
seeking an injunction
Whether or not an LPA takes enforcement action, unauthorised works also constitute a criminal offence.
For more guidance about listed buildings in general, see Practice Note: Listed building regime and listed building consent.
In England, chapter 16 of the National Planning Policy Framework confirms that heritage assets ‘are an irreplaceable resource and should be conserved in a manner appropriate to their significance so that they can be enjoyed for their contribution to the quality of life of existing and future generations’. The enforcement regime is an essential part of such protection.
Section 7 of the Planning (Listed Buildings and Conservation Areas) Act 1990 (P(LBCA)A 1990) states that no person shall execute or cause to be executed any works for:
the demolition of a listed building, or
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 grant of listed building consent.
A ‘person’ includes a body of persons corporate or unincorporated.
P(LBCA)A 1990, s 9 states
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