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Certificate of Lawfulness of Proposed Works to a Listed Building

January 18th, 2018

In December 2017, Smart Heritage submitted its first ever Certificate of Lawfulness of Proposed Works to a Listed Building (CLPWLB) to Epping Forest District Council which was also their first ever application of this type.

A Certificate of Lawfulness of Proposed Works to a Listed Building was part of the Enterprise and Regulatory Reform Act 2013 which made amendments to the Planning (Listed Buildings and Conservation Areas) Act 1990.

This change allows for listed building owners to apply for a Certificate of Lawfulness of Proposed Works for works which do not affect the character of the listed building as a building of special architectural or historic interest as opposed to submitting a Listed Building Consent (LBC).

There are several advantages for submitting an application for a Certificate rather than applying for Listed Building Consent. Firstly, the time taken to determine a CLPWLB is 6 weeks opposed to 8 weeks for LBC; Secondly, the cost for preparing the required documentation for a CLPWLB would in most cases be less than preparing a LBC application; Thirdly, the CLPWLB is valid for 10 years from the date of issue however, the works must be carried before the Certificate expires.

Information required for the submission of a CLPWLB should include the following:

• A detailed description of the works proposed and should include details of existing and proposed materials. A variation of material may be deemed a change to the character of the listed building therefore LBC would be required. Details of the areas of the building affected by the proposed works.

• Information is needed to justify why the applicant believes the proposed works do not affect the special architectural or historic interest of the listed building thus entitling them to a CLPWLB.

• Other information which may be relevant i.e the works proposed are to a modern addition to the property.

• A plan is needed to identify the listed building for which the CLPWLB refers too.

• A statement as to the applicant’s interest – ownership, tenancy, etc. – in the listed building and any interest of any other person.

• The building’s listing grade is needed and can be found on the National Heritage List for England and available online at Historic England.

The Council granted our client a Certificate of Lawfulness of Proposed Works to a Listed Building in relation to re-rendering an elevation with cement – the material already used for the render – internal works to address damp issues, re-pointing chimney stacks and the formation of a French drain around the property, also to address damp issues. These works do not affect the character or appearance of the building’s special architectural or historic interest for which it had been listed for at Grade II.

If you have a listed building and would like to speak a heritage consultant about a Certificate of Lawfulness of Proposed Works to a Listed Building or any other issues relating to listed buildings or conservation areas then please do not hesitate to give Smart Planning a call.