One of the final acts of the Office of the Deputy Prime Minister, before it became the Department for Communities and Local Government, was to issue a guidance document for local authorities on how successfully to pursue prosecutions for unauthorised building works to listed buildings, the aim being to improve the level of enforcement of the planning laws that relate to listed buildings.
The guidance follows an earlier review in which it was concluded that the system as presently operated is an ineffective deterrent to planning breaches in such cases.
Failure to apply for listed building consent or to comply with conditions attaching to a listed building consent are criminal offences, for which the maximum penalty is imprisonment for two years. Being a criminal offence, there is no time limit for the bringing of a prosecution. Furthermore, a subsequent purchaser of a property can be required to remedy any breaches of planning permission by a previous owner.
Listed building consents can specify not only the physical appearance of the building, such as locations of openings, but also the materials which are to be used for the works.
Offences are often only discovered when a planning application is made for new works - at which point the local authority inspector may well notice that earlier works do not comply with the previous conditions, which should be noted on the file. When that occurs, the new owner will be required to rectify any planning breaches unless retrospective listed building consent is obtained.
Says Lorraine Smallwood, "Planning breaches with regard to listed buildings can have serious consequences and can affect the value of a property considerably. If you are considering buying a listed building or one situated in a conservation area, it is worth taking steps to make sure you do not suffer as a result of breaches of planning regulations by a previous owner."
if you would like to discuss any of the issues raised in this article, please contact Lorraine on 0121 700 1400 or via email to l.smallwood@sydneymitchell.co.uk.
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