[matilda] help with some resurch please

[worldwarfree at riseup.net]

A thought is floating about listing matlida..

This brief description of the process and reasons for listing a building as
being of special architectural or historic interest is adapted from English
Heritage's March 1997 leaflet on the subject. Pavilions of Splendour has
contributed some additional information and commentary in this colour. The same
situation obtains in Wales, where the statutory body is Cadw (which means 'Keep'
in Welsh) and in Scotland, where it is Historic Scotland, while the Ulster
architectural Society looks after Northern Ireland's built heritage. In
Scotland and Northern Ireland Grades I, II* and II are replaced by the more
logical Grades A, B and C.

Listing began in Britain on January 1st 1950, under the austere post-war Labour
government; a surprise to many who believed that conservation and conservatism
went hand-in-hand. Sadly we were not pioneers in the field; the French had been
classifying historic buildings for the previous hundred years, while we in
Britain had to rely on pressure groups such as the Georgian Group, formed in
the 1930s to prevent the wholesale destruction of our Georgian architecture,
perceived at that time as dull and lacking in merit. How opinions change. Over
to English Heritage:



Historic buildings are a precious and finite asset, and powerful reminders to us
of the work and way of life of earlier generations. The richness of this
country's architectural heritage plays an influential part in our sense of
national and regional identity. Your favourite views of England - street,
village, town or city - almost certainly contain buildings protected by the
process called 'listing'.



English Heritage has the task of identifying and protecting this inheritance in
England. Our main means of doing this is by listing - recommending buildings
for inclusion on statutory lists of buildings of 'special architectural or
historic interest' compiled by the Secretary of State for Culture, Media and
Sport.



Why is a building listed?



Listing is not meant to fossilise a building. Its long-term interests are often
best served by putting it to good use. If this cannot be the one it was
designed for, a new use may have to be found. Listing ensures that the
architectural and historic interest of the building is carefully considered
before any alterations, either outside or inside, are agreed.



How are buildings chosen?



Buildings can be listed because of age, rarity, architectural merit, and method
of construction. Occasionally English Heritage selects a building because the
building has played a part in the life of a famous person, or as the scene for
an important event. An interesting group of buildings - such as a model village
or a square - may also be listed.



The older a building is, the more likely it is to be listed. All buildings built
before 1700 which survive in anything like their original condition are listed,
as are most built between 1700 and 1840. After that date, the criteria become
tighter with time, so that post-1945 buildings have to be exceptionally
important to be listed.



The grades (different in Scotland and Northern Ireland)



The buildings are graded to show their relative architectural or historic
interest:



* Grade I buildings are of exceptional interest



* Grade II* are particularly important buildings of more than special interest



* Grade II are of special interest, warranting every effort to preserve them



Listing currently protects 500,000 or so buildings, of which the majority - over
90% - are Grade II. Grade I and II* buildings may be eligible for English
Heritage grants for urgent major repairs. You are extremely unlikely to get any
sort of grant for a Grade II or C listed building.



What makes English Heritage list a building?



English Heritage lists in two main ways:



* English Heritage looks at individual buildings, hundreds of which are brought
to their attention each year by members of the public. Without this public
interest, many important buildings might be lost or damaged.



* English Heritage assesses buildings by type and by area, to bring the lists
up-to-date by ensuring that the best buildings of a particular type are listed.
Recent themes have been the industrial mills of Manchester, pubs and the
buildings of the Royal Naval Dockyards. A major public consultation exercise to
debate which post-war buildings should be listed has attracted enormous interest
and controversy.



How do I consult the lists?



With great difficulty. Although the listings have been digitized, the general
public can only consult scrappy photocopies of the original listings. You can
ring the Listed Buildings Information Service on 020 7208 8221 who will fax you
a copy of the listing for one particular building after a three day delay.
Computerised searching is at present impossible, except for internal staff at
English Heritage in Swindon. You can see lists covering your local area and
obtain copies of individual entries at your local council planning department,
County Council offices and most local reference libraries. The full English
national list is kept by English Heritage at the National Monuments Record,
Kemble Drive, Swindon SN2 2GZ. It is called the Greenbacks, because the scraps
of paper are kept in about 300 greenbacked folders in a room in Swindon.



Advice on listing



For advice on how to get a building listed, or on listing in general, contact
The Department of Culture, Media and Sport, 2-4 Cockspur Street, London SWI Y
SDH.




 The following archive document has been placed on the World Wide Web as a
service for the community by Pavilions of Splendour, who cannot be held
responsible for its content or for any errors or omissions. Although much of
the infomation given here remains relevant to listed buildings in the ealry
21st century, this is not current legislation, and advice should be sought from
your local Planning Officer.



The document was published in 1990 by:


The Department of National Heritage (Listing Branch),
 Room C9/15,
 2 Marsham Street,
 London, SWIP 3EB.
 Department of the Environment
 The latest version is available from the Department of Culture, Media and
Sport.



An Historic Guide to the Legislation
 concerning the Listing of Historic Buildings in England


1. LISTING



1.1 The Secretary of State for the Environment is required to compile lists of
buildings of special architectural or historic interest, for the guidance of
local planning authorities in the exercise of their own planning functions
under the Town and Country Planning Act 1971.
 1.2 'Building preservation orders' were introduced by the Town and Country
Planning Act 1932, but the first historic buildings survey of England was
carried out in the 1950s and 1960s, as a result of which statutory lists were
provided for all local authority areas. With the revision, in 1970, of the
criteria for selecting buildings for listing, a resurvey was begun so that the
lists could be updated. The resurvey of the whole country is nearing
completion.



How the Buildings are Chosen



1.3 The principles of selection for the lists were drawn up by the Historic
Buildings Council (the functions of the former Historic Buildings Council for
England are now carried out by the Historic Buildings and Monuments Commission
(HBMC)) and approved by the Secretary of State. They cover five groups:All
buildings built before 1700 which survive in anything like their original
condition are listed. Most buildings of 1700 to 1840 are listed, though
selection is necessary. Between 1840 and 1914 only buildings of definite
quality and character are listed, and the selection is designed to include the
principal works of the principal architects. Between 1914 and 1939, selected
buildings of high quality are listed. A few outstanding buildings erected after
1939.
 1.4 In choosing buildings, particular attention is paid to: Special value
within certain types, either for architectural or planning reasons or as
illustrating social and economic history (for instance, industrial buildings,
railway stations, schools, hospitals, theatres, town halls, markets, exchanges,
almshouses, prisons, lock-ups, mills). Technological innovation or virtuosity
(for instance cast iron, prefabrication, or the early use of concrete).
Association with well-known characters or events. Group value, especially as
examples of town planning (for instance, squares, terraces or model villages).
 1.5 A total of over 435,000 buildings in England had been included in the lists
by December 1989.
 1.6 The buildings are classified in grades to show their relative importance as
follows:-

 Grade I (Grade One): These are buildings of exceptional interest (only about 2
per cent of listed buildings so far are in this grade).

 Grade II* (Grade Two Star): These are particularly important buildings of more
than special interest (some 4 per cent of listed buildings).

 Grade II (Grade Two): These are buildings of special interest, which warrant
every effort being made to preserve them.

 Grade III: A non-statutory and now obsolete grade. Grade III buildings were
those which, whilst not qualifying for the statutory list, were considered
nevertheless to be of some importance. Many of these buildings are now
considered to be of special interest by current standards - particularly where
they possess "group value" and are being added to the statutory lists as these
are revised.
 1.7 Lists compiled before August 1977 employed the grades A, B and C for
Anglican churches in use. These grades were adopted because it was considered
that if the same standards were employed as for secular buildings the result
would be to include too many churches in Grade I. The standard for a church
included in Grade A therefore was higher than the standard for a secular
building included in Grade I; the majority of churches were placed in Grade B,
and Grade C corresponded to the secular Grade III. The abolition of the Grade
III category in 1970 meant thereafter that Grade C tended towards equivalence
with Grade II in revised lists. The Historic Buildings Council advised in
August 1977 that the use of A, B and C grades for Anglican churches in use
should be discontinued, that the grades I,II* and II should be introduced, and
that the grading of Anglican churches should be fully equivalent to that of
secular buildings.



The Statutory List



1.8 Until 1970 it was the Department's practice to issue two separate types of
list - the provisional list, which gave the grade and a description of each
building, and the statutory list, which contained only the addresses of the
buildings. Following the national listing resurvey, however, revised statutory
lists have been issued in a new form. Details of gradings and descriptive notes
are now being included in one cumulative statutory list for each local authority
area. All the buildings included in the statutory list are legally subject to
the consequential provisions described in this pamphlet.
 1.9 Buildings are assessed for their architectural or historic interest on
behalf of the Secretary of State by Inspectors of the Historic Buildings and
Monuments Commission for England, and also on occasion by County Council and
consultant practice inspectors acting under the HBMC's supervision. In some
cases, Inspectors may need to see the interior of a building to complete their
assessment. Owners may ask to see Inspectors' identity cards, and they may of
course accompany them inside the building concerned.



Building Preservation Notices



1.10 Individual buildings which are potentially listable can come under threat
of alteration or demolition. In these circumstances the District Council or, in
London,, the Historic Buildings and Monuments Commission or the appropriate
London Borough Council can issue a Building Preservation Notice (a BPN) which
has the effect of protecting the building as fully as if it were listed for a
period of 6 months. During this period an assessment is made, and if the
building qualifies against the appropriate selection criteria it is added
formally to the statutory list. If the Secretary of State decides before the
end of the 6-month period that he does not intend to confirm the BPN, it
expires when he notifies the local planning authority in writing of his
intention. If during the life of the BPN any application is received for listed
building consent (see Section 3.2 below) for the demolition, alteration or
extension of the building, and the local planning authority is minded to grant
consent, it must refer the application to the appropriate Regional Office of
the Department of the Environment. County Councils cannot issue BPNs, and a BPN
may not be served in respect of an ecclesiastical building which is still in
ecclesiastical use. See also Section 1.12 below.



"Spot" Listing



1.11 It is also open to members of the public to bring to the Department's
attention individual threatened buildings. They should write to: The Department
of National Heritage (Listing Branch), Room C9/15, 2 Marsham Street, London,
SWIP 3EB. and should give the full address of the building in question and, if
possible, photographs of it and a location plan. The building will be assessed
and, if it qualifies, added to the statutory list. This emergency procedure is
known as "spot" listing.
 1.12 Certificates of Immunity from Listing The addition of a building to the
statutory list at a late stage in the preparation of proposals for its
alteration or demolition can cause delay and even abandonment of a
redevelopment scheme as well as other difficulties and hardships. Most
developers would prefer to know the listing position at the earliest possible
stage. Provided, therefore, that planning permission is being sought or has
been granted, any person may apply to the Secretary of State (at the address in
Section 1.11 above) for a certificate stating that it is not intended to list
the building shown in the application plans. If the certificate is granted the
building cannot be listed or be the subject of a Building Preservation Notice
for a period of 5 years. Where the building in question is assessed as being of
special architectural or historic interest, however, it is listed, and no
certificate is issued.



De-Listing



1.13 A decision to list a building is taken solely on grounds of architectural
or historic interest. There is no formal right of appeal against this decision,
at the moment of listing, but an owner may at any time put to the Secretary of
State evidence that his building does not possess the architectural or historic
interest identified. (See also Section 3.6 below). If the Secretary of State
accepts that the original assessment of a building's interest was wrong in this
way, and that it does not possess special interest, he will then 'de-list' the
building.




Where to see the Lists



1.14 You can inspect the statutory lists for England free of charge at: The
National Monuments Record in Swindon or at the office of the relevant County or
District Council (in London, at the office of the appropriate London Borough
Council).




2 SCHEDULED ANCIENT MONUMENTS



In addition to compiling lists of buildings of special architectural or historic
interest, the Secretary of State is also responsible for compiling a schedule of
ancient monuments under the Ancient Monuments and Archaeological Areas Act 1979
(as amended). Occasionally a building is both scheduled and listed. In those
cases the ancient monuments legislation takes precedence and the listed
building legislation described in Sections 3 to 5 below does not apply.




3 PROTECTION




 3.1 The fact that a building is listed as of special architectural or historic
interest does not mean that it will be preserved intact in all circumstances,
but it does ensure that the case for its preservation is fully considered,
through the procedure for obtaining listed building consent.




Listed Building Consent



3.2 Anyone who wants to demolish a listed building, or to alter or extend one in
any way that affects its character, must obtain 'listed building consent' from
the local planning authority (the District or London Borough Council), or in
some circumstances the Secretary of State. The procedure is similar to that for
obtaining planning permission. (Details can be obtained from the Planning
Department of any County, District or London Borough Council).
 3.3 It is an offence to demolish, alter or extend a listed building without
listed building consent and the penalty can be a fine of unlimited amount or up
to twelve months' imprisonment, or both.




Listed Building Consent and Planning Permission



3.4 Anyone wishing to redevelop a site on which a listed building stands will
need both listed building consent for the demolition and planning permission
for the new building. Planning permission alone is not sufficient to authorise
the demolition. Similarly, anyone wishing to alter a listed building in a way
which would affect its character, and whose proposed alteration amounts to
development for which specific planning permission is required (as distinct
from a general permission given by the General Development Order), will also
need to apply for planning permission and for listed building consent. See also
Sections 1.10, 7 and 9.2.




Appeals



3.5 If an application for listed building consent is refused by the local
planning authority, or granted subject to conditions the applicant has a right
of appeal to the Secretary of State.
 3.6 On receipt of an appeal, the Secretary of State will normally hold a local
inquiry if either the applicant or the local authority ask him to do so. The
procedure for appealing is virtually identical with the procedure for appealing
against a refusal of planning permission, but the applicant can include, as one
of the grounds of appeal, an argument that the building concerned is not of
special architectural or historic interest and ought not to be listed. (See
also Section 1.13 above).




4. RECORDING OF BUILDINGS TO BE DEMOLISHED



If you are granted listed building consent to demolish a building - either
wholly or in part - you must not do so until the Royal Commission on Historical
Monuments has been given an opportunity to make a record of it. So if you
propose to demolish part or all of a listed building you should tell the Royal
Commission at The Royal Commission on the Historical Monuments of England,
Swindon either before or immediately after you get listed building consent. You
can get a form for this purpose from the local planning authority. You must then
wait for at least a month (the period runs from one of two dates - the date on
which listed building consent is given, or the date on which the Royal
Commission is notified, whichever is the later). During that time you must
allow the Royal Commission reasonable access to the building. If the Royal
Commission completes its records of the building within the month, or states
that it does not wish to record it, you can then demolish the building at once.
If, exceptionally, the month has elapsed and the Royal Commission has been
notified but has not been in touch, the building can be demolished without
further delay.




5. REPAIRS



5.1 If a local authority consider that a listed building is not being properly
preserved they may serve on the owner a 'repairs notice' under Section 115 of
the Town and Country Planning Act 1971. This notice must specify the works
which the authority consider reasonably necessary for the proper preservation
of the building and explain that if it is not complied with within 2 months the
authority may make a compulsory purchase order and submit it to the Secretary of
State for confirmation. If the owner deliberately neglects the building in order
to redevelop the site, the local authority may not only acquire the building,
but may do so at a price which excludes the value of the site for
redevelopment. If the building is unoccupied, the authority can serve a notice
on the owner giving him 7 days' notice of their intention to carry out repairs
which are urgently necessary to secure its preservation and recover the cost
from the owner. These powers may also be exercised by the Secretary of State.
Owners of listed buildings can, in some cases, get grants or loans to help them
with repairs and maintenance. The next section explains the position.




6. GRANTS AND LOANS



(The term 'grant' in this section can be taken to include loans). 6.1 Grants are
available in certain circumstances both from the HBMC and from local
authorities. They are always at the discretion of the body giving them: listing
does not give any automatic entitlement to a grant. (For details of conservation
area grants, see Section 9.3 below).




Grants to Outstanding Secular Buildings



6.2 Repairs grants are available for buildings of 'outstanding architectural or
historic interest'. Grants are made towards re-roofing, treating dry rot and
other structural repairs, but not normally towards decoration or works of
regular maintenance. Owners have to show that they would not be able to
complete the work without financial help and are usually asked to supply
details of assets and income to substantiate their application. Grants cannot
be made for work already started or completed, so requests for assistance
should be made before work is begun. Unless a building has been empty for some
time and cannot otherwise be brought back into use or if there are other
special circumstances, grants are not offered for recently purchased properties
as the price is assumed to reflect their state of repair. Applications should be
made to: The Historic Buildings and Monuments Commission for England, Swindon.




Grants to Places of Worship in Use



6.3 Under a scheme agreed between the Department of the Environment, the General
Synod of the Church of England and the Churches Main Committee (on behalf of
other denominations), grants are available to churches and other religious
buildings which are of outstanding interest. Grants are made in the same way as
repair grants for secular buildings and the same criteria for selection are
applied. Applications for Church of England churches should be made through the
Archdeacon; applications for religious buildings of other denominations should
be made direct to the HBMC at the address in Section 6.2 above.




Redundant Church of England Buildings



6.4 Under a joint scheme with the Church Commissioners, the Government also aids
the upkeep of redundant Church of England buildings, vested in the Redundant
Churches Fund, which merit preservation on historic or architectural grounds
but for which there is no suitable alternative use.




Town Schemes



6.5 Some historic towns have a 'town scheme'. Matching grants are made towards
the cost of repairs to buildings on the town scheme list by the HBMC and the
local authority administering the scheme, to whom applications should be
addressed.




Local Authority Grants



6.6 Local authorities have a wider scope. They may make grants for any building
of architectural or historic interest and are not restricted to outstanding
buildings or even to listed buildings. Grants may be made by County and
District Councils (in London by the London Borough Councils) and enquiries
should be addressed to the appropriate local authority.




7. VAT



Some listed buildings enjoy a more favourable position on the payment of Value
Added Tax on works than do unlisted buildings. Repairs and alterations to
unlisted buildings are subject to VAT at the standard-rate, but alterations to
listed buildings that are designed as dwellings or used for qualifying
residential or non-business charity purposes, together with those that are
being converted to such use, are not subject to VAT as long as the work is done
by a VAT registered builder and with listed building consent. This relief only
applies to alterations to qualifying listed buildings carried out with the
appropriate consent (see Section 3.4): VAT remains payable on repairs and other
works which do not require consent and also to alterations carried out to any
other non-qualifying listed building. [Pavilions of Splendour comment: NOTE:
This legislation has recently changed ]




8. CHURCHES



Many churches are of special architectural or historic interest, and are listed
as such. But so long as they are used for ecclesiastical purposes they remain
generally outside the scope of the listed building controls described in this
pamphlet. Listed building consent is not required, for instance, for works to a
listed ecclesiastical building which is remaining in ecclesiastical use.
However, listed building consent is required for the TOTAL demolition of a
listed ecclesiastical building (except where the building is a redundant church
of the Church of England, and the demolition is in pursuance of a pastoral or
redundancy scheme made under the Pastoral Measure 1968). See also Sections 1.7,
1.10, 6.3 and 6.4.




9. CONSERVATION AREAS



9.1 In 1967 the Civic Amenities Act provided for the identification and
designation by local planning authorities of conservation areas. These were
defined as 'areas of special architectural or historic interest, the character
or appearance of which it is desirable to preserve or enhance'. Conservation
areas are often centred on listed buildings, but not always.
 9.2 The Town and Country Planning Act 1971 as amended by the Town and Country
Amenities Act 1974 requires anyone wishing to demolish an unlisted building
within a conservation area to apply first for conservation area consent. The
protection from demolition accorded to listed buildings (see Sections 3.2 and
3.3 above) is therefore accorded to all buildings in conservation areas
(subject to a few exemptions described in paragraph 96 of DOE Circular 8/87 -
Historic Buildings and Conservation Areas - Policy and Procedure).
 9.3 Conservation area grants are available for buildings in conservation areas
and are made for works which will make a significant contribution to the
'preservation or enhancement of the character or appearance of a conservation
area'. Applications should be made to the HBMC at the address in Section 6.2
above.




10. LIST OF STATUTES



The relevant Acts of Parliament are as follows:
 Town and Country Planning Act 1932
 Historic Buildings and Ancient Monuments Act 1953
 Local Authorities (Historic Buildings) Act 1962
 Civic Amenities Act 1967
 Town and Country Planning Act 1971
 Town and Country Planning (Amendment) Act 1972
 Town and Country Amenities Act 1974
 Ancient Monuments and Archaeological Areas Act 1979
 Local Government, Planning and Land Act 1980
 National Heritage Act 1983
 Finance Act 1984
 Local Government Act 1985
 Housing and Planning Act 1986