BUILDING REGULATIONS AND PLANNING / LISTED BUILDING CONTROL – SOME FREQUENTLY ASKED QUESTIONS

I have a listed building consent and I want to use an Approved Inspector to oversee my work under the Building Regulations. Are there any listed building control issues I need to be aware of before I start work ?

As you may be aware works to listed buildings can often be quite complicated and can sometimes give rise to unforeseen issues as problems emerge in the course of construction. Our Building Control surveyors have extensive experience, gained over many years of dealing with listed buildings and are able to assist developers if unexpected difficulties arise. They work closely with, and can readily draw upon the advice and experience of our Conservation officers to help find a practical and sympathetic solution without undue delay to your build project. We find that mutually acceptable build solutions can often be readily achieved at a joint meeting on site which allows a practical review of the problem and a sensible discussion about the possible ways of resolving that.

Please bear in mind that your Approved Inspector is not able to agree any design changes under the Listed Building regulations which would alter the impact of building works on the listed building. Work such as these remain subject to listed building control. These changes can sometimes appear to be quite minor building matters but have serious effects on the character of the historic building.

We would strongly encourage you to ensure that if you use an Approved Inspector you liaise closely with our Conservation Officers throughout the build process to resolve any unexpected difficulties.

Please remember that the works and/or alterations should be carried out strictly in accordance with the approved plans under your Listed Building consent. If your works, as constructed, depart from those plans then they may be unauthorised under the consent and constitute a criminal offence under the Town and Country (Listed Buildings and Conservation Areas) Act 1990.

You should note that the Council takes breaches of listed building control very seriously and will actively consider prosecution in appropriate cases.

If you wish to contact our Conservation Team to discuss any design revisions during the course of your building works please telephone Louise Dear on 01449 724 560.

I have a planning permission and I want to use an Approved Inspector to oversee my work under the Building Regulations. Are there any planning control issues I need to be aware of before I start work ?

Your Approved Inspector is not able to agree any design changes under The Town & Country Planning Act which would alter the scheme design which you have planning permission for.

You need to bear in mind that the drawing numbers for the scheme which has planning permission will normally be expressly referred to on the planning permission and that unless any revisions are agreed by the planning authority then only the drawing with those references on will show the approved scheme. Your Approved Inspector will not necessarily cross reference to your planning permission and you will need to be clear who has responsibility for ensuring that the development complies with the planning permission and any conditions attached to the decision.

We ask applicants to remember that scheme changes can sometimes appear to be quite minor building matters but can seriously alter the planning characteristics of a development or lead to non-compliance with a planning condition rendering the development liable to planning enforcement action..

You may find it prudent to contact your planning case officer before proceeding to depart from the scheme design that you have planning permission for even if the changes you intend appear to be quite modest and your Approved Inspector is happy with them.

Please remember that the works you have planning permission for should be carried out strictly in accordance with the approved plans. If you are in any doubt about the scheme drawings please contact us to clarify this and any relevant planning conditions.

If your development, as constructed, departs from the permitted plans then they may be unauthorised and you may be liable to planning enforcement action.



Please note that this advise note makes no comment regarding any individual or organisation. It is for you alone to satisfy yourself as to the competency of your professional advisers.