Planning Advice
in the Yorkshire Dales National Park
Listed Buildings
Introduction
Historic buildings are one of the Yorkshire Dales’ foremost special
qualities, and therefore one of the reasons why the area is designated as
a National Park. Locally distinctive building forms, together with use of
materials and architectural detailing, combine to create a strong
‘vernacular’ built environment.
Many historic buildings in the National Park benefit from statutory
protection as listed buildings by virtue of their special interest and in
recognition of the need to preserve and enhance their character and
appearance. Designation as a listed building will result in some added
planning restrictions that all property owners should be aware of.
What is a listed building?
Listed buildings are any structure or object that is designated as being of
special architectural or historic interest. This may be because of the
quality of architectural design, craftsmanship, building techniques
employed or where an important historical association with a particular
individual or event exists.
Where a building or structure is listed, it is subject to special protection
under the Planning (Listed Buildings & Conservation Areas) Act 1990.
This legislation is intended to protect these buildings as an important
element of our national and local heritage, ensuring that demolition or
alteration is carefully controlled to prevent any harm. Listing should not
however be seen as an attempt to fossilise buildings. Retaining buildings
in an active use is often the best way to ensure that they are well looked
after, and a wide range of sympathetic alterations and extensions to them
are normally possible.
Listed buildings are administered by English Heritage. The two main
categories of interest that will lead to a building being listed are:
Architectural Interest. To be of special architectural interest a building
must be of importance in its architectural design, decoration or
craftsmanship; special interest may also apply to nationally important
examples of particular building types and techniques (e.g. buildings
displaying technological innovation) and significant plan forms.
Historic Interest. To be of special historic interest a building must
illustrate important aspects of the nation’s social, economic, cultural, or
military history and/or have close historical associations with nationally
important people. There should normally be some quality of interest in the
physical fabric of the building itself to justify the statutory protection
afforded by listing.
Three grades of listed buildings exist and are allocated according to
importance:
 Grade I (one) - Buildings of exceptional national interest
 Grade II* (two-star) - Particularly important buildings of
more than special interest
 Grade II (two) - Buildings of special interest
The vast majority of listed buildings are grade II.
2
Listed buildings in the National Park
There are around 1,800 listed buildings in the National Park, including
houses, shops, bridges, churches & chapels, barns, gates, walls,
monuments, milestones and many other structures. A building may be
listed because it is important in its own right, or because it contributes to
part of a wider group of buildings that are of significance (referred to as
‘group value’). In general terms, the older the building, the more likely it is
to be listed. Provided they survive in something like their original form,
any buildings constructed before 1700 are normally listed, as are many
buildings constructed between 1700 and 1840. More selective listing has
taken place for buildings constructed since this time, however, the
National Park’s ‘youngest’ Listed Building was built as recently as the
1960s.
How can I find out if something is listed?
The most reliable way to find out if a building or structure is listed is to
ask us. We hold a full record of buildings that are listed. We have maps
that indicate where listed buildings are located, together with copies of
the statutory record of the listing, which states the grade and the date it
was listed, and also provides a brief description of the building, noting
particular features of importance. These can be inspected at our
Bainbridge office by prior arrangement. We can also offer advice about
listings over the phone or in writing, however we would usually ask that
you provide us with a plan to indicate which building you are interested in.
This is because the names of properties may change over time, and so it
is not always possible to pinpoint whether a building is listed solely by
reference to its address.
English Heritage’s ‘Listed Buildings Online’ and ‘Images of England’
websites also contain records of listed buildings, however we would
always recommend that you double check with the Authority to remove
any doubt about whether a building is listed or not.
The listing process
Many of the most important buildings have already been listed and are
therefore protected. From time to time however the list will need to be
reviewed to take account of changing circumstances. Additional buildings
may be listed as the result of a broad re-survey, a particular themed
study, or where an individual building is deemed to be under threat. Very
occasionally, it may also be appropriate to de-list a building if it is no
longer considered to be of special interest.
It is possible to obtain a certificate that confirms immunity from listing.
This is usually used where it is proposed to carry out works to an unlisted
building, and the applicant wishes to be absolutely sure that the building
will not be listed within the next 5 years as a result of any re-survey of
buildings or spot listing exercise. If however a certificate is refused, it is
likely that the building will be listed.
Should you wish to have a building listed, de-listed, or obtain a certificate
of immunity against listing, you should contact English Heritage using the
contact details at the end of this leaflet. You may however wish to contact
the Authority in the first instance to obtain a further opinion as to the
merits of a particular building. Please note that for any proposal to list or
de-list a building, you do not need to be, or notify, the owner of the
property. You will however be required to submit sufficient supporting
information in relation to the building as justification for listing/de-listing.
3
What is covered by the listing?
A common misconception is that only part of the building is listed (e.g. a
particular façade or the exterior only). This is not true - when a building is
listed, the whole building is listed.
Any object or structure fixed to a listed building is also protected by the
listing. This includes later additions and extensions, irrespective of their
age or whether they detract from the building. It is not always clear
whether something is considered to be a fixture of a listed building, and
therefore part of that building. Judgements will be based on the method,
degree and purpose of annexation involved.
Any detached object or structure within the curtilage (i.e. the immediate
environs) of a listed building will also be listed, provided it is on land that
has been associated with the main listed building since before 1st July
1948 and at the time of the listing it had an ancillary or subservient
function to the main building. This is commonly referred to as being listed
‘by association’ or ‘by curtilage’ and may include walls, gates,
outbuildings, statues, fountains etc.
Although the Authority holds a formal record of the listing of each
building, the description of the building in this record is not a definitive
record of everything that is covered by the listing and has no legal status
in itself. It is merely intended to give a brief overview of some of the main
features of interest.
What work requires listed building consent?
Listed building consent is a special kind of permission that applies only to
listed structures. It is quite different to ordinary planning permission.
The Planning (Listed Buildings & Conservation Areas) Act 1990 states
that:
“…no person shall execute or cause to be executed any
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.”
The practical implication of this statement is that the vast majority of
works to a listed building will require listed building consent. It is your
responsibility to find out whether you will be required to apply for consent.
It is safest to assume that almost any works to a listed building will
require consent. This is because the penalties for failing to obtain consent
are potentially very severe, as unauthorised works to a listed building
constitute a criminal offence. You should always obtain advice from
the National Park Authority before proceeding with works.
The following are some general guidelines to help you understand how
we will assess whether you require consent:
 the test of whether consent is required is simply whether
works would ‘affect’ the character of the building,
irrespective of whether this is a positive or negative
impact. Even if an alteration will have an entirely
beneficial effect on the building’s character, this is a
change which would need consent.
 it is irrelevant whether the works affect a part of the
building that is visible or not – even works to discrete
external areas, or to the interior of a building, are capable
4
of affecting the intrinsic character of listed buildings, and
will require consent
 many listed buildings are sensitive to even the slightest of
alterations, and so a broad range of works will need listed
building consent. Even relatively localised features e.g.
fireplaces can have a disproportionate importance in
terms of the building’s overall character.
 listed building consent will only relate to premeditated or
planned action, rather than accidental events, however
very strong proof that the demolition or alteration of a
listed building was accidental will need to be provided in
such cases
 consent is only required for works to the listed building,
whether this is the building itself, anything fixed to the
building, or any pre-1948 structure within its curtilage. It is
not required for the erection of new detached structures
within the curtilage, or alterations to detached structures
erected after 1948.
 irrespective of whether listed building consent is required
or not, you may be required to apply for other forms of
planning consent. While a new building within the
curtilage of a listed building will not require listed building
consent, it is very likely that you will require full planning
permission. Signs fixed to a listed building will need listed
building consent and advertisement consent.
Some examples of works that will almost always need consent are:
 significant structural alterations to a building such as:
-
partial or wholesale demolition (including internal and
external walls)
changes to roof pitch or structure
floor or ceiling level/structure changes
extensions
 other external works, for example:
-
-
replacement windows and doors
installation/removal of shutters
insertion of new openings, or reinstating former openings
replacing glazing e.g. stained with clear glass (or viceversa), hand-made with mass manufactured glass, single
with double glazed
changing roofing materials
adding or removing cladding or rendering
painting a previously unpainted surface
painting with a different colour or medium
signs and advertisements
 works to the internal fixed structure of listed building such as the
removal or alteration of:
-
staircases (including balusters, balustrades and bannisters)
fireplaces
doors and doorways
mouldings
skirting boards
wall recesses
original fitted cupboards or shelving
wall coverings (plastering, paneling)
5
-
changes internal layout (e.g. the removal or insertion of
internal walls; room partitions)
moving items such as paintings that are affixed to and have
a historical association with the building.
 demolition, removal or alterations to any curtilage structures
that have been in-situ since 1948, such as outbuildings, walls,
gates, fountains and statues
Some works may not require listed building consent. Some possible
examples are given below, however you should still seek confirmation
from the Authority:
 minor maintenance or repair on a strictly like for like basis;
 works that do not affect the historic fabric (i.e. features that
contribute to the special architectural or historic interest of the
building) whatsoever e.g. the removal or replacement of modern
fittings;
 works that are so slight as to be of no consequence;
 superficial redecoration;
 re-wiring
Always check with the Authority before proceeding with works. It is
a criminal offence to carry out unauthorised works without prior
listed building consent. If found guilty of such an offence, you may
be liable to a substantial fine or even imprisonment.
Applying for listed building consent
Applying for listed building consent is similar in many ways to applying for
normal planning permission. You will be required to submit an application
form and adequate supporting information to enable us to assess what
impact your proposal will have upon the building’s character. Further
advice on the application process, and the type of information you will
need to submit, can be obtained from our advice note ‘The Planning
Application Process’ and the notes that accompany the listed building
consent forms. Our Planning Technician Team is available to help you
submit your application
No fee is payable for listed building applications. Occasionally further
details will be required for listed building consent applications, dependent
on the nature of works being undertaken, for example structural surveys,
roof timber reports or archaeological evaluations. Full details are
contained within the application pack for listed building consent.
Pre-application advice
For all works to a listed building, we would encourage you to seek preapplication advice. By discussing your plans with us, we can tell you what
type of application and supporting information you will need to submit,
and offer suggestions for ways in which your proposal can be improved.
This will increase the likelihood of getting listed building consent when
you come to make an application, therefore saving you both time and
money in the long run.
The Development Control Service is divided into two teams – one
covering the southern (Craven) and one covering the northern
(Richmondshire & South Lakeland) parts of the National Park. Contact
details are provided at the end of this advice note. Planning Officers are
available to speak to over the phone, but please bear in mind that it may
6
be difficult for them to offer advice without prior knowledge of a particular
building or a clear idea of what it is you are proposing to do.
In order that we may give you the most constructive advice possible, you
will need to have a good idea of what you want to do before approaching
us. We will only be able to give very general advice if you do not have
any firm proposal in mind. We normally encourage you to send details of
your proposal either by e-mail or in the post, enclosing any relevant
drawings, layouts, photographs or other information you feel may be
relevant. We will then provide you with a written response detailing our
advice.
Alternatively you can make an appointment at one of our planning
surgeries and speak to a Planning Officer face to face. Details of these
surgeries can be found on our website.
It may be necessary for a Planning Officer to visit the site in order to offer
detailed advice, in which case he/she will make the necessary
arrangements. The Authority also has a dedicated Senior Listed Buildings
Officer, who will assist our Development Control staff in cases where
specialist input is required.
All of our pre-application advice is offered free of charge. It is however
offered as an informal service, and so any advice given represents a
professional opinion only, and is not binding on any subsequent formal
decision of the Authority.
How will your proposal be assessed?
If you are required to apply for listed building consent, your proposals will
be assessed principally against Policy B13 of the Local Plan. This sets
out the detailed requirements for all listed building proposals in order for
consent to be granted. In summary, these requirements are as follows:
1. If demolition is proposed, a very strong case as to why the
building is not worthy of retention must be made;
2. Development must be in keeping with the character of the
building and not detract from its special interest;
3. Changes of use will increase the likelihood of the building’s
survival;
4. Applications are accompanied by sufficient detail to allow the
Authority to make an informed assessment;
5. Works that would obscure or result in the loss of important
features will require appropriate recording in advance.
In addition to works that directly affect the fabric of a listed building, the
Authority must also have regard to the impact of any planning proposal
upon the setting of a listed building. This is most likely to affect the
immediate surroundings of listed buildings, for example where a
particular proposal may affect important views of a building.
Emergency work
In the event of emergency works to a listed building being required, you
are not necessarily exempt from the need to apply for consent, or the risk
of prosecution. You should always contact the Authority as soon as the
problem becomes apparent for further advice. In all eventualities, you
must ensure that you can fully justify the works in the interests of
preserving the building or in terms of health and safety concerns. You
should be prepared to gather evidence, for example photographs, expert
opinions and witness statements to justify your course of action and the
7
rejection of any practicable alternative actions. You should then take the
earliest opportunity to notify the Authority in writing of the reasons for the
works including the evidence gathered.
Ecclesiastical exemptions
Many ecclesiastical buildings that are still in use as a place of worship are
exempt from the need to apply for listed building consent. Despite this,
ecclesiastical bodies are still expected to obtain expert advice prior to
undertaking works and are often required to apply for faculty jurisdiction
to undertake the works. Please note that this exemption does not usually
extend to vicarages or other associated buildings that are used for nonecclesiastical purposes.
VAT
Works for alterations to a listed building, that have received the
necessary listed building consents, can be zero rated for VAT purposes.
This exemption does not apply to works for repair and maintenance.
Further details are available using the link to Her Majesty’s Revenue &
Customs at the end of this advice note - ‘Buildings and Construction –
Notice 708’.
Recording of buildings
If consent is granted to demolish or alter a Listed Building, an owner may
not start work until English Heritage has been given an opportunity to
make a record of it. The Planning Department will send out details with
the notice of consent.
Other forms of consent
In addition to listed building consent, you may be required to apply for a
number of other types of planning consent, such as full planning
permission, advertisement consent or conservation area consent. Full
details can be found in our advice leaflet ‘Do I need Planning
Permission?’.
Neglected listed buildings & grants
The Authority maintains a register of listed buildings that are considered
to be at risk by virtue of neglect, decay or wilful damage. There are
relatively few of these buildings in the National Park but the Authority is
committed to reducing their numbers and is actively working with owners
and occupiers to improve the situation.
The Authority also has statutory powers to ensure that listed buildings are
maintained in good order. Where neglect occurs, the Authority may issue
a repairs notice requiring suitable works to be carried out in order to
preserve the structure, whereupon any failure to comply with the repairs
notice may lead to the Authority taking measures to compulsorily
purchase the building or site. Where buildings are unoccupied and works
are urgently required for its preservation, the Authority is entitled to
require temporary works to remediate against the causes of the building’s
condition, and to carry out works to the building itself, and reclaim the
cost of these works from the owner.
The Authority does have a small budget to provide grants for listed
building works, however this resource has to be used selectively to target
those buildings that are at most risk. Other bodies may be able to help
and further details can be obtained from Funds for Historic Buildings,
English Heritage or the Heritage Lottery Fund.
8
Contact details
Telephone
Planning Technicians – (for help with submitting and validating planning
applications)
Tel. 01969 652345
Area Planning Teams – (for pre-application advice, current application
and enforcement queries)
North Team (Richmondshire, South Lakeland)
Tel. 01969 652349
South Team (Craven)
Tel. 01969 652350
Post
Planning Department
Yorkshire Dales National Park Authority
Yoredale
Bainbridge
North Yorkshire
DL8 3EL
Fax
01969 652399
E-mail
planning@yorkshiredales.org.uk
Websites
Yorkshire Dales National Park Authority: www.yorkshiredales.org.uk
English Heritage: www.english-heritage.org.uk
Images of England: www.imagespfengalnd.org.uk
Funds for Historic Buildings: www.ffhb.org.uk
Society for the Protection of Ancient Buildings: www.spab.org.uk
Building Conservation.com: www.buildingconservation.com
Her Majesty’s Revenue & Customs: zero-rated building works advice
9
© 2010
Planning Department
Yoredale
Bainbridge
Leyburn
North Yorkshire
DL8 3EL
0300 456 0030
info@yorkshiredales.org.uk
http://www.yorkshiredales.org.uk
http://www.outofoblivion.org.uk
10