This is one of a series of occasional Guidance Notes published by The Institute of Historic Building Conservation (IHBC). IHBC Guidance Notes offer current and recent guidance into topics that we consider crucial to the promotion of good built and historic environment conservation policy and practice. The Notes necessarily reflect knowledge and practice at the time they were developed, while the IHBC always welcomes new case examples, feedback and comment to email@example.com for future revisions and updates.
*This is Revision 3 of IHBC Guidance Note: GN2015/1, March 2015 and the update of GN2016/2 February 2016.
1. In the absence of any nationally published, comprehensive set of Listed Building Consent (LBC) Conditions, this Guidance Note aims to assist in the writing of necessary; relevant; enforceable; precise; and reasonable Conditions.
2. It is structured and menu driven, indicating where specific tailored information should be chosen or added, and defines the appropriate reasons.
3. The government streamlined the planning system in 2013 by removing the requirement for local planning authorities when granting consent, to provide a written summary of reasons on decision notices. This was on the basis that officer reports and committee minutes would explain the full rationale for a decision, concluding that: ‘The summary on decision notices (…) adds little to the transparency or the quality of the decision-making process’.
4. Inclusion of the reasons behind conditions in this Guidance Note serves a different purpose with the intention of assisting officers in the thinking leading to the framing of the Conditions themselves. This Note also includes a set of Informatives to serve a similar purpose.
5. A newly consolidated Development Management Procedure Order came into force on 15 April 2015 to further streamline the planning application process introducing a new ‘deemed discharge’ of conditions procedure to ensure the timely clearance of planning conditions with the intention that developments granted planning permission could commence without delay. Many applications for planning permission and listed building consent are linked but careful reading of the Order shows that it omits any direct reference to the latter. Local planning authorities should therefore be wary of applying deemed discharge arrangements to listed building consent until this aspect is clarified.
6. Past attempts to delineate a draft and succinct national set of central government derived LBC conditions, (most notably during the redrafting of PPG15 in the early 2000s); were regarded by local authority practitioners as insufficiently comprehensive and hopelessly simplistic. These were promptly withdrawn.
7. No attempt was made subsequently at national level to define clauses that would inform local authority development management decisions or, where necessary, aid implementation or compliance.
8. While a fully comprehensive set of conditions relevant to all circumstances, building types and construction materials and methods is impractical, the aim of this Guidance Note is to assist practitioners to frame Conditions in a logical and sequential manner. This thereby ensuring wherever possible that all the relevant issues are considered, that the proposals are properly controlled and the quality of the outcome of the works to the listed building can be secured.
9. This is the third iteration of this Guidance Note and the changes made are noted on the final page. Feedback on substantive omissions and suggestions for amendments and variations would be welcome for consideration where appropriate in in further editions of this Note in due course.
10. Government guidance on the development management process places particular importance on speed of decision making, however guaranteeing the quality of outcomes is less obvious notwithstanding the statutory duty under Section 16(2) of the 1990 Act to have special regard to the desirability of preserving listed buildings, their setting or features of special interest. This Guidance Note therefore aims to help facilitate good quality outcomes but in an efficient and expeditious manner.
11. The power to impose conditions on a listed building consent is wide but these conditions should be necessary, relevant, enforceable, precise and reasonable in all other respects and reflect the criteria set out in Circular 11/95 on the use of conditions in planning permissions, but acknowledging that special regard is to be paid to historic building considerations under Section 16 of the 1990 Act.
12. Some guidance on the use of Listed Building Conditions was provided in Annex B to PPG15 (paragraphs B4 to B11) and although this has been withdrawn the principles within it remain sound and are worth referencing. It is noticeable however that there are many instances where Conditions fail to meet one or more of the criteria in the Circular, imprecision being one of the most common failings.
13. The set of conditions defined below have been formulated in the following order:
14. Where appropriate, the condition has an explanatory or justifying preamble in italics.
15. Items in square brackets represent options or menu items for example where the scale of supplementary drawings may need to be defined or where advice may need to be sought from Historic England (Grade I or Grade II* buildings).
16. Menus have also been adopted where a variety of materials and methods may need to be precisely defined to comply with some conditions. This is to avoid undue repetition of clauses where the only variation is the material or method used.
17. Conditions that are necessary and reasonable should be capable of justification and, at the end of each condition, the reason for their imposition is defined in brackets with the prefix ‘LBR’. This is notwithstanding the observation above about the dispensing with these on decision notices. As reasoning is more generic and can apply to a number of conditions this is set out after the sections on Conditions, but before the list of Informatives - rather than set out in full after each individual Condition.
18. A set of Conditions cannot be definitive or exhaustive. They must fit the particular circumstances of the case, but they may be applied in standard form in many instances with the appropriate variations denoted in brackets. In particular they may be used to promote systematic thinking and prompt consideration for inclusion that might otherwise have been overlooked.
19. Some works should prompt the consideration of linked or complementary conditions such as the relationship of changing ground levels to archaeological investigation, or the cleaning of facades to the potential need for repointing.
20. With regard to archaeology conditions relating to below ground investigation are not included within the scope of this Note and should be referred to the relevant local Archaeological Unit. Consideration will need to be given to the appropriate management of any works related to ground disturbance - removing existing foundations, digging new foundations, ground reduction, levelling, installation of services and remediating any site contamination and so forth. This is likely to require the implementation of a programme of archaeological work in accordance with a written scheme of investigation submitted by the applicant and approved in writing by the Local Planning Authority.
21. Authors needing to consider the imposition of archaeology conditions relating to recording of below ground structures may also wish to refer to model conditions (and their justification) proposed by the Association of Local Government Archaeological Officers [ALGAO] to the Planning Inspectorate which also cover fencing protection; preservation of archaeological remains in situ, and unexpected discoveries. (See http://www.algao.org.uk/responses/model_planning_conditions_01-03-2010 ).
Bob Kindred MBE BA MRTPI IHBC
|CONDITIONS RELATING TO PROCEDURES|
|PRE-COMMENCEMENT SITE MEETING||LBC 01||6|
|EXPERT SUPERVISION||LBC 02||7|
|LATER APPROVAL OF DETAILS||LBC 03||7|
|PROTECTION OF ARCHITECTURAL FEATURES||LBC 04, 05, 06||7|
|HIDDEN HISTORIC FEATURES||LBC 07||8|
|ARCHITECTURAL SALVAGE||LBC 08, 09||9|
|DIFFERENTIATING PARTS OF THE BUILDING
TO BE UNCHANGED AND PART ALTERED
|LBC 10, 11||9|
|DEMOLITION REQUIRING INTERIM STRUCTURAL SUPPORT||LBC 12||10|
|CONTRACT FOR REDEVELOPMENT BEFORE DEMOLITION||LBC 13, 14||10|
|DEMOLITION BY HAND||LBC 15, 16||10|
|FIRE SAFETY||LBC 17||11|
|RECORDING - STANDING STRUCTURES||LBC 18||11|
|PROGRAMME OF INVESTIGATION||LBC 19, 20, 21||11|
DESIGN DETAILS, MATERIALS AND WORKMANSHIP
|SITE LEVELS||LBC 22||12|
|MATCHING EXISTING WORK AND SAMPLES||LBC 23||12|
|ROOFING||LBC 24 - 28||13|
|MASONRY||LBC 29 - 32||14|
|DAMP PROOF COURSES||LBC 34||15|
|EXTERNAL JOINERY||LBC 35 - 38||15|
|HISTORIC WINDOW GLASS||LBC 39||16|
|FEATURES||LBC 40, 41||16|
|RAINWATER GOODS||LBC 42||17|
|EXTERNAL RENDER||LBC 43, 44||17|
|COMPOSITION OF RENDER - TIMBER-FRAMED BUILDINGS||LBC 45||18|
|CLAY LUMP||LBC 46||18|
|TIMBER CLADDING||LBC 47||18|
|TIMBER FRAMING||LBC 48||18|
|CLEANING OF MASONRY||LBC 49, 50||19|
|MINOR ADDITIONS AND NEW SERVICES||LBC 51 - 54||19|
|ORNAMENTAL MOULDINGS||LBC 56||20|
|MAKING GOOD||LBC 57, 58||20|
|TIME LIMITS||LBC 59,60||21|
|PERSONAL CONSENTS||LBC 61, 62||21|
REASONS FOR CONDITIONS
LISTED BUILDING INFORMATIVES
RELATED PLANNING INFORMATIVES
LISTED BUILDING CONSENT
LISTED BUILDING CONSENT
CONDITIONS, REASONS AND INFORMATIVES
Note that the power to impose conditions on a listed building consent is wide but the conditions should be necessary, relevant, enforceable, precise and reasonable in all other respects. [See Circular 11/95 and Welsh Office Circular 61/96 on the use of conditions].
Conditions should be checked to adjust the following wording as appropriate, for example:
No work on site shall begin until…
Before the work begins…
Before the relevant parts of the work begin...
Before the building is first occupied/ re-occupied...
During the works, if…
Where Grade I and Grade II* buildings are concerned conditions should be checked to add where appropriate: ‘…in consultation to with Historic England’ after ‘…agreed with the Local Planning Authority’.
CONDITIONS RELATING TO PROCEDURES
PRE-COMMENCEMENT SITE MEETING
This condition is to ensure that follow-up action (for example, a site meeting) can be taken before works begin on site. It should be imposed as a matter of course for large or complex schemes especially where there are a number of other conditions, where planning permission has also been granted (or to comply with planning conditions), and especially where there is doubt if the agent gaining the approval intends to supervise implementation of it.
LBC 01. Before work begins a site meeting shall be held between the local planning authority and the persons responsible for undertaking the works to ensure that the Conditions attached to the Listed Building Consent are understood and can be complied with in full. Notification of the date and time of a meeting shall be made in writing to the Local Planning Authority. (LBR 01).
Particularly important where the works are extensive, sensitive, may involve hidden features (see below) and/or involve Grade 1 and 2* buildings.
LBC 02. Before work begins it shall be agreed in writing with the Local Planning Authority the appropriately qualified professional specialising in conservation work who will supervise the hereby approved works of alteration or demolition. Any proposed changes to the agreed supervision arrangements shall be subject to the prior written agreement of the LPA. (LBR 02).
LATER APPROVAL OF DETAILS
More specific clauses might apply - see below.
LBC 03. Before the relevant work begins, details in respect of the following shall be approved in writing by the Local Planning Authority. The work shall be carried out in full in accordance with such approved details, for example;
[Menu] : detailed drawings at [scale];
samples of external materials and surface finishes;
schedule of works/specification;
other. (LBR 01).
PROTECTION OF ARCHITECTURAL FEATURES
To ensure that specific architectural features or fixtures (for example, chimney-pieces, stair balusters and handrails, historic window glass, vulnerable surfaces and finishes such as, wattle and daub infill panels) are protected during the course of works (see specific clauses).
LBC 04. Before work begins, steps shall be approved in writing with the Local Planning Authority and implemented to protect the following interior features from damage or theft and shall remain in place for the duration of the construction/ alteration work hereby permitted:
decorative plaster work;
door cases and so forth (LBR 02).
LBC 05. Before work begins, details shall be approved in writing by the Local Planning Authority to ensure that precautions are taken to secure and protect the interior [and exterior] features during the building work. The agreed measures shall be carried out in full. No such features shall be disturbed or removed temporarily or permanently except as indicated on the approved drawings or without the prior approval in writing of the Local Planning Authority. Particular regard should be given to the following item(s):
cast guttering and hopper-heads;
stair balusters and handrails;
windows containing historic window glass;
wattle and daub infill panels;
vulnerable surfaces and finishes. (LBR 02).
For features of particular architectural, historic of artistic value which could be at risk from theft, for example, chimney-pieces, temporary removal and secure storage may be advisable, especially where the building is unoccupied or will be so during the course of the works.
LBC 06. Before work begins, a scheme identifying the items to be removed; arrangements for temporary secure storage; the person or body specialising in this procedure appointed by the applicant; and a timetable for their reinstatement shall be submitted and approved in writing by the Local Planning Authority.
[Menu] : specify which items. (LBR 02).
HIDDEN HISTORIC FEATURES
Where there is a likelihood of hidden features being revealed during the course of work and not addressed at application stage by preliminary opening up (with LBC as necessary), provision for their retention/ recording should be secured as part of the approved scheme. Depending on the age, type, size and condition of the building, some of these may be anticipated in advance of approval.
LBC 07. During the works, if hidden historic features are revealed they should be retained in-situ. Works shall be halted in the relevant area of the building and the Local Planning Authority should be notified immediately. Failure to do so may result in unauthorised works being carried out and an offence being committed. Particular regard must be given to the following areas:
[Menu]: specify the anticipated feature[s] where practicable.
Consider also an appropriate recording condition - see LBC 18-23.
For items not to be used/incorporated in the proposals but which may form a scheme of architectural salvage.
LBC 08. The following sound materials/features/fixtures forming part of the building shall be carefully taken down, protected and securely stored for later re-erection/ re-use or disposal.
[Menu]: Specify materials/features/fixtures. (LBR 03).
Where damage has occurred (for example, from unauthorised works, vandalism or fire), it is important to ensure that any loose historic items are identified and retained on site in a secure place pending their reinstatement.
LBC 09. The following loose items shall be retained on site and stored under cover in a secure place until their reinstatement as part of the works hereby approved: [Menu]: Specify materials/features/fixtures where practicable. (LBR 05).
DIFFERENTIATING PARTS OF THE BUILDING TO BE UNCHANGED AND PART ALTERED
LBC 10. No works are permitted to that part of the listed building coloured [specify colour] on the plan attached to this consent. That part coloured shall be retained and incorporated in the approved works. (LBR 01)
LBC 11. No work shall begin until steps are approved in writing with the Local Planning Authority and then undertaken to secure the safety and stability of that part of the building to be retained. Such steps to relate to:
[Menu]: strengthening any wall or vertical surface;
support for any floor, roof or horizontal surface, and/or
provision of protection for the building against the weather;
the structure retained in accordance with Condition [Condition No X] during the progress of the works. (LBR 01).
DEMOLITION WORKS REQUIRING INTERIM STRUCTURAL SUPPORT
LBC 12. Before the commencement of works, details shall be submitted and approved with the Local Planning Authority showing the areas of masonry to be demolished and setting out the method of ensuring the safety and stability of the building fabric identified to be retained throughout the phases of demolition and reconstruction. Such details are to include structural engineering drawings and/or a method statement. The work shall be carried out fully in accordance with the method statement approved. (LBR 01).
CONTRACT FOR REDEVELOPMENT BEFORE DEMOLITION
NPPF Paragraph 136 states that: ‘ Local planning authorities should not permit loss of the whole or part of a heritage asset without taking all reasonable steps to ensure the new development will proceed after the loss has occurred.’ It would also be reasonable to expect such development to take place expeditiously and for evidence of this to be provided.
LBC 13. No works of demolition shall begin until a binding contract has been entered into for the carrying out of works for redevelopment of the site in accordance with all the necessary permissions and consents. (LBR 01).
LBC 14. No works of demolitions [or alteration by way of substantial partial demolition] shall begin before evidence has been submitted to the Local Planning Authority of a binding contract for the full implementation of the comprehensive scheme of development (and associated planning permission for which the contract provides). (LBR 06).
DEMOLITION BY HAND
As hand work is expensive, this Condition should only to be imposed where it essential to avoid damage to that part of the historic fabric that is to be retained .
LBC 15. Demolition work shall be carried out by hand or by tools held in the hand other than power-driven tools. (LBR 07).
LBC 16. Under no circumstances whatsoever are powered tools (for example, air-driven tools; electric angle grinders and so forth) to be used to cut back masonry joints prior to repointing. (LBR 01).
To be used selectively according to the type of works proposed and where the nature of the construction means there is likely to be a high proportion of combustible material within the structure.
LBC 17. Before the work begins, a Fire Safety Strategy and Method Statement shall be approved by the Local Planning Authority, and the works carried out in full according to such a Statement. (LBR 01).
RECORDING - STANDING STRUCTURES
There is a statutory requirement to notify demolition proposals to Historic England as set out in ‘ Arrangements for handling heritage applications – notification to Historic England and National Amenity Societies and the Secretary of State (England) Direction 2015’.
Consideration should be given to which level of our levels of recording would be the appropriate as set out in the 2006 English Heritage publication ‘Understanding Historic Buildings – a guide to good recording practice’, page 14 (in course of revision by Historic England).
LBC 18. No works shall commence until:
[Menu]: a programme of building recording and analysis;
the making of a detailed (written/photographic) record;
a watching brief during the works affecting the historic fabric; has been undertaken by a person or body approved by the Local Planning Authority and in accordance with a written scheme of investigation approved in writing by the Local Planning Authority. (LBR 08).
PROGRAMME OF INVESTIGATION
Note that Conditions LBC 19 to LBC 21 are linked.
LBC 219. No (demolition/development) (shall take place/commence) until a programme of archaeological work including a written scheme of investigation has been submitted to and approved by the local planning authority in writing. The scheme shall include an assessment of significance and research questions and:
the programme and methodology of site investigation and recording;
the programme for post investigation assessment;
provision for analysis of the site investigation and recording;
provision for publication and dissemination of the analysis and records of the site investigation;
provision for archive deposition of the analysis and records of the site investigation;
nomination of a competent (person or persons/ organisation) to undertake the works set out within the written scheme of investigation. (LBR 10).
LBC 20. No demolition/development shall take place other than in accordance with the Written Scheme of Investigation approved under LBC 21. (LBR 10).
LBC 21. The development shall not be occupied until the site investigation and post investigation assessment has been completed in accordance with the programme set out in the Written Scheme of Investigation approved under LBC 21 and the provision made for analysis, publication and dissemination of results and archive deposition has been secured. (LBR 10).
CONDITIONS RELATING TO Design details, materials and workmanship
Proposed changes of levels may have necessitated Conditions relating to archaeological investigation and potential implications for insertion of damp-proofing.
LBC 22. Before work begins, cross sections/details indicating the proposed finished ground levels surrounding the building shall be approved in writing by the Local Planning Authority. (LBR 01).
MATCHING EXISTING WORK AND SAMPLES - GENERAL CLAUSE
LBC 23. All new external and internal works and finishes and works of making good to the retained fabric, shall match the existing original work adjacent in respect of methods, detailed execution and finished appearance unless otherwise approved in writing by the Local Planning Authority. (LBR 01).
See also for example LBC 42 Rainwater goods.
LBC 24. The new roofing covering shall precisely match the existing roofing materials adjacent in respect of unit dimensions [unless for example, tiles/slates are to graduated coursing]; colour and texture; [and shape if for example, fish-scale courses, or swept valleys] or thatching material [long straw, combed wheat reed, water reed and so forth] unless otherwise approved in writing by the Local Planning Authority. (LBC 01).
LBC 25. Before work begins, details of the following construction materials shall be submitted and approved in writing by the Local Planning Authority:
[Menu]: a sample of the type of roofing material proposed;
new dormers or proprietary rooflights;
treatment of gables and cappings;
treatment of verges and barge boards and so forth;
leadwork details (in accordance with LDA good practice);
the means of ventilating the roof;
flues, vents or other pipework piercing the roof (and decorative finish);
treatment of conservatories porches and other external vestibules;
and as shown on drawings to a scale of [Menu: 1:20, 1.10, 1:5 , full size and so forth] where necessary. (LBR 01).
LBC 26. The [clay plain tiles/clay pantiles/slates] must be carefully stripped from the roof, inspected for defects and set aside for reuse. The balance to replace these unsuitable for re-roofing to be made up with second-hand of salvaged [tiles/slates] to precisely match the existing. (LBR 01).
LBC 27. Before work begins, details of the following thatching materials and techniques shall be submitted and approved in writing by the Local Planning Authority:
[Menu]: the proposed material (for example, distinguishing between wheat and triticale straw);
thickness of the thatch coat;
ridge and verge design;
means of securing the thatch (for example, traditional split hardwood sways,
spars and liggers or modern metal or plastic alternatives);
method for tying thatch to the rafters (for example, traditional or modern fixing such as steel spikes or wires secured with screws);
and as shown on drawings to a scale of [Menu: 1:20, 1.10, 1:5 , full size and so forth.] or by means of a written specification where necessary. (LBR 01).
Ancient thatch often survives below the most recent overcoating and this may have considerable significance as a precious archaeological resource and archaeobotanical interest for crops grown over the last 600 years as well as providing evidence of old thatching techniques and methods .
LBC 28. Where a thatched roof covering is to be stripped rather than overcoated [including cases where remnant thatch has been overclad by for example cast-iron sheeting] the thatching material shall be the subject of archaeobotanical analysis. (LB 01).
These Conditions may also apply to artificial stone detailing and may also cover string courses, quoins, lintels, sills and so forth.
LBC 29. Before work begins, details of the following shall be approved in writing by the Local Planning Authority:
[Menu]: a sample of the type of [brick][stone] proposed;
a sample panel of [brickwork][stonework];
the face bond of brickwork;
description of the joints proposed;
mortar mix, profile and finish. (LBR 01).
LBC 30. The new facing [brickwork/stonework] shall match the existing [brickwork/stonework] adjacent in respect of dimensions, colour, texture, face bond, and pointing unless otherwise approved in writing by the Local Planning Authority. (LBC 01).
LBC 31. Before work begins, sample panel(s) of all new facing [brickwork][stonework] shall be provided on site showing the proposed -
[Menu]: [brick][stone] types, sizes, colour, texture face-bond; (and)Confirmation of the materials and methods shall be approved in writing with the Local Planning Authority and carried out accordingly. The approved sample panel(s) shall be retained on site until the work is completed and the Condition is discharged. (LBC 01).
pointing mortar mix, joint thickness and finish profile.
LBC 32. Before work begins, proposals for the method and extent of repointing shall be approved in writing with the Local Planning Authority and be carried out accordingly. No other repointing of [brickwork][stonework] is authorised by this consent without prior approval of the details. (LBC 01). (See also Informative LBI 06).
LBC 33. Where second-hand or salvaged bricks are to be used, these are to be entirely cleaned of paint, soot and any other coatings before reuse. (LBC 01).
DAMP PROOF COURSE
LBC 34. Before work begins, a detailed justification for, and/ or methodology for inserting, a damp proof course shall be approved in writing by the Local Planning Authority. (LBC 01).
LBC 35. The new joinery work shall match the existing joinery adjacent in respect of materials, dimensions and profiles, unless otherwise agreed in writing by the Local Planning Authority. (LBC 01).
LBC 36. Before work begins, a schedule and annotated plan showing the full extent of alteration works to existing windows shall be approved in writing by the Local Planning Authority and the work agreed carried out in full. (LBC 01).
LBC 37. Before work begins, drawings to a scale of [Menu: 1:20, 1.10, 1:5 , full-size and so forth.] fully detailing the following new or replacement [windows, doors, shopfronts, surrounds, other joinery and so forth] shall be approved in writing by the Local Planning Authority and installed completely in accordance with the approval.
decorative/ protective finish;
cross sections for glazing bars, sills, heads and so forth. at a scale of [scale];
cross sections for fascia, stall-riser at a scale of [scale];
sample sections of the joinery work (glazing bars, sills and so forth) to be used;
method of opening;
method of glazing.
colour scheme. (LBC 01).
LBC 38. Before work begins, the details of the type and colour(s) of the protective finish to be used on all external timber joinery shall be agreed in writing with the Local Planning Authority. All glazing shall be face-puttied.
[Menu]: colour of paint to be used on external softwood joinery;
stain to be used on any external hardwood joinery;
lime-wash to be used on any external hardwood joinery. (LBC 01).
HISTORIC WINDOW GLASS
LBC 39. Before work begins, details shall be approved in writing by the Local Planning Authority to ensure that precautions are taken to secure and protect the windows during the building work, particularly the historic window glass the extent of which must be specifically identified. The agreed measures shall be carried out in full. No such glazing shall be disturbed or damaged or removed temporarily or permanently to facilitate protection works except as indicated on the approved drawings or with prior approval in writing. Any intact historic window glass damaged during the building work shall be reported to the Local Planning Authority and shall be replaced like-for-like from a suitable approved source. (Note: conventional polished plate glass will not be acceptable).
LBC 40. Before work begins, a schedule showing the retention/re-use of door/doorcases, fire surrounds, decorative plaster work, paneling and so forth shall be approved in writing by the Local Planning Authority. (LBR 02). (See also Conditions LBC 04 - 06).
LBC 41 Before work begins, drawings to a scale of [Menu: 1:20, 1.10, 1:5, full size and so forth] fully detailing the following new, replacement or altered features shall be approved in writing by the Local Planning Authority.
chimneys including any cappings;
balustrades, railings and so forth. (LBR 01).
LBC 42. Rainwater goods (gutters, downpipes, hopper-heads and soil pipes) [on visible elevations] shall be in:
cast aluminium; [and/or]
The sectional profile for the rainwater gutters shall be:
box-section and so forth;
and [directly] fixed to the fascia board or on agreed [rise and fall] brackets]. (LBR 01).
EXTERNAL RENDER - GENERAL
LBC 43. Before work begins, a specification for the external render to be used shall be approved in writing by the Local Planning Authority to define:
[Menu]: mortar mix;
the number of coats;
finish and backing material; and,
relationship to existing finishes and openings. (LBR 01).
LBC 44. Before work begins, sample panel(s) of all new render shall be provided on site showing the proposed render mix and final surface texture, and the materials and methods approved in writing with the Local Planning Authority and carried out accordingly. The approved sample panel(s) shall be retained on site until the work is completed and the Condition is discharged. (LBC 01).
COMPOSITION OF RENDER - TIMBER FRAMED BUILDINGS
LBC 45. The composition of the render to be applied to the building shall be in accordance with [qv Technical Advice Note] unless otherwise agreed in writing by the Local Planning Authority. (LBR 01).
LBC 46. Before work begins, an annotated plan and specification/schedule for the composition for the reinstatement/ rendering of the clay lump walls shall be approved in writing by the Local Planning Authority and the work carried out in full. (LBR 01).
LBC 47. Before work begins, the following details about the cladding of the external walls shall be approved in writing by the Local Planning Authority:
[Menu]: external walls shall be clad in [specify A] boarding to be finished in [specify B] before [specify date].
A feather edge horizontal;
vertical and so forth;
B matt black paint;
matt white and so forth. (LBR 01).
LBC 48. Before work begins, [Specify: a method statement/ schedule/annotated plan] shall be approved in writing by the Local Planning Authority showing the extent of the work being carried out in:
[Menu] : green oak;
reclaimed English oak;
matching section. (LBR 01).
CLEANING OF MASONRY
Where possible, these should be dealt with at application stage or as later approval of details, but it is sometimes expedient to minimise the risk of damage from ad hoc work. These Conditions may also need to be tied to others dealing with repointing.
LBC 49. No cleaning of masonry, other than low pressure (20-100 psi) surface cleaning using a nebulous water spray is authorised by this consent without the prior approval of the Local Planning Authority. Before work begins, any other cleaning proposals must be approved in writing and carried out strictly in accordance with those details. At the commencement of the cleaning, a test panel shall be undertaken in an inconspicuous position and the method recorded to the approval of the Local Planning Authority. (LBR 01). (See also Informative LBI 05).
LBC 50. Before work begins, a method statement showing how the cleaning will conform to BS 8221-1:2012 (Code of practice for cleaning and surface repair of buildings. Cleaning of natural stone, brick, terracotta and concrete) must be agreed and approved in writing by the Local Planning Authority. Cleaning shall be implemented strictly in accordance with the statement under the Standard in respect of: [Menu]: (LBR 01).
MINOR ADDITIONS AND NEW SERVICES
It is sometimes particularly necessary to ensure that external fixtures or the introduction of new services do not compromise or mutilate a building in part or in whole or that the installation of fixed life or short-lived services and so forth are removed. (See also Time Limits).
LBC 51. Before work begins, the position, type and method of installation of all new and relocated services and related fixtures (for the avoidance of doubt this includes communications and information technology servicing), shall be specified and agreed in writing with the Local Planning Authority wherever these installations are to be visible, or where ducts or other methods of concealment are proposed. The works shall be implemented only in accordance with such approval. Particular regard should be given to work affecting the following features or parts of the building:
[Menu]: [specify the locations] (LBR 01).
LBC 52. No new plumbing, pipes, soil-stacks, flues, vents or ductwork shall be fixed on the external faces of the building other than those shown on the drawings hereby approved. (LBR 01).
LBC 53. No new grilles, security alarms, lighting, security or other cameras or other fixtures shall be mounted on the external faces of the building other than those shown on the drawings hereby approved. (LBR 01).
LBC 54. The hereby approved external and internal equipment and ducts shall be removed, and the building made good to the satisfaction of the LPA, within a period of [timescale] from the date of this consent. (LBR 12).
Although a precautionary bat survey may be advisable, the carrying out works that deliberately disturb bats; deliberate kill, injure or intend to capture bats; or damage or destroy a breeding site or resting place, may lead to a criminal offence under the provisions of the Conservation of Species and Habitats Regulations 2010.
LBC 55. If in commencement of the [roofing] works any bats are found, or there is evidence of their occupation, all works must temporarily cease and Natural England must be contacted. No work shall recommence until the express consent of Natural England has been obtained and any measures required must to be undertaken in full.
LBC 56. All new partitions shall be carefully scribed around the existing ornamental mouldings. (LBC 01).
LBC 57. Full details of ‘making good’ exposed areas revealed by demolitions are to be submitted and approved in writing by the Local Planning Authority. (LBC 01).
LBC 58 Works of reinstatement shall be on the basis of a specification of works which has been submitted to and approved in writing by the Local Planning Authority, who shall be notified immediately when the property ceases to be occupied by [specify name]. (LBR 11).
Because historic building works can be complex or may be reliant on external sources of funding standard time limits may be inappropriate but should only be varied in exceptional circumstances. Some works for which a compelling short-term case can be made and deemed essential should be removed when the justification for them ceases.
LBC 59. The works hereby permitted shall be begun before the expiration of [number] years from the date of this consent. (LBR 11).
LBC 60. The installation of the following items of equipment shall be limited to a period of [no] from the date of this consent. On or before the expiry of this period the items specified shall be removed and the building restored to the former [date] appearance, form and elevation:
[Menu]: satellite dish;
floodlighting/security lighting/video cameras
other (specify). (LBR 11).
The circumstances when a personal consent would be appropriate are very limited and a condition should only be imposed where the applicant's specific circumstances are sufficiently exceptional to make such work justifiable.
LBC 61. The hereby approved works [specify for example, lift, lift enclosure mechanism and mechanism box] and all associated works [specify for example, pipework and cabling] shall be removed, and the former architectural character, fabric, and finishes reinstated to the satisfaction of the Local Planning Authority, within a period of [specify timescale] from the date when the property ceases to be occupied by [specify name]. (LBR 11).
LBC 62. This consent applies only to [named person/firm's] occupation/use of this property as a [type of use] and does not endure for the benefit of the property. On cessation of this occupation/use by [named person/firm], the property shall be reinstated to the former [date] appearance, form and elevation. (LBC 01).
REASONS FOR CONDITIONS
As a consequence of government streamlining of the development management process in mid-2003 (see Summary); reasons no longer need appear on the decision notice itself. They are included here to aid to the justification in officer reports and as part of the audit-trail of decision making.
LBR 01. To ensure that special regard is paid to protecting the special architectural and historic interest and integrity of the building under Section 16 of the Planning (Listed Buildings and Conservation Areas) Act 1990.
LBR 02. To ensure that special regard is paid to specific architectural features or fixtures and to ensure the fabric is protected from damage during the course of works.
LBR 03. In order that such materials may be reused at a later date.
LBR 04. To ensure that special regard is paid to the features relating to the special architectural interest and character so that these are reincorporated into the building.
LBC 05. To ensure that specific loose architectural features or fixtures are protected in a secure place from theft, vandalism or unauthorised works during the course of works pending their reinstatement.
LBR 06. To ensure that premature demolition does not take place and that an unsightly gap or derelict site does not detract from the character and appearance of the area.
LBR 07. In the interests of ensuring that no damage is caused to the part of the building which is to be retained.
LBR 08. To secure and safeguard the provision for inspection and recording of matters of architectural/archeological/historical importance associated with the building/site that may be lost in the course of works.
LBR 09. Important archaeological remains may exist on this site. Accordingly the Local Planning Authority wishes to secure a scheme of written archaeological investigation and subsequent recording of the remains prior to development, in accordance with national policy and guidance.
LBR 10. The Council wishes to secure, as a reserved matter, the agreement of a detailed foundation design and associated ground disturbance, including a method statement so as to minimise damage to the archaeological resource.
LBR 11. The hereby approved works would not be permanently acceptable in the absence of the exceptional justification of the applicant’s circumstances and as soon as that justification ceases, the building shall be returned to its prior state.
LRB 12. To ensure, in the light of changing circumstances the removal of any redundant equipment that in the interests of the special architectural character of the listed building, would not be acceptable to be retained on a permanent basis, and ensure appropriate reinstatement.
Where precision is needed about what has been approved .
LBI 01. This Listed Building Consent relates solely to the plans, drawings, notes and written details submitted with the application, or as subsequently amended in writing and referred to on this decision notice. Any variation of the works or additional works found to be necessary before work starts or while work is in progress [or required separately under the Building Regulations, by the County Fire Service or by environmental health legislation] may only be carried out subject to approval by the Local Planning Authority. Unauthorised modifications, alterations, or works not covered by this consent may render the applicant, owner(s), agent and/or contractors liable to enforcement action and/or prosecution.
Where external works are approved but internal works might be undertaken .
LBI 02. You are reminded of the need to obtain listed building consent for any internal works you may wish to carry out to these premises, which would affect the character of this listed building.
Subsequent approvals discharging Conditions of an earlier approval .
LBI 03. This permission fully discharges the terms of Condition(s) [Number] of the Listed Building Consent [Number, date].
Where below ground works might have an archaeological implication .
LBI 04. The development of this site is likely to damage archaeological remains. The applicant should therefore submit detailed proposals in writing in the form of an archaeological project design. This design should be in accordance with the appropriate Historic England guidelines.
Where an Application for Advertisement Consent might be required and the advertisement is not shown .
LBI 06. You are reminded of the need to obtain separate consent under the Town and Country Planning (Control of Advertisements) Regulations for any advertisements requiring express consent that you may wish to display on these premises.
Where an advertisement is shown and an Application for Advertisement Consent is required.
LBI 07. You must obtain separate consent under the Town and Country Planning (Control of Advertisements) Regulations for the following advertisements shown on the drawings hereby approved.
Where cleaning has not been approved but might take place.
LBI 08. Listed Building Consent is required for any [abrasive cleaning/sand-blasting] of any part of this building. The carrying out of such work without consent may render the applicant, owner(s), agent and/or contractors liable for enforcement action and/or prosecution.
Where repointing has not been approved but might take place.
LBI 09. Listed Building Consent may be required for the repointing of brickwork to this listed building.
Where leadwork is to be undertaken .
LBI 10. All leadwork should follow the Codes and details recommended by the Lead Sheet Association.
Where limited works to timber-framing have been approved.
LBI 11. This consent does not extend to or imply consent for the cutting, altering, or removing any part of the sole plate or any part of the timber frame other than as expressly shown on the approved drawings.
Where vaults or other structures might extend under or across the public highway.
LBI 12. You are reminded of the need for prior consultation with the [highway authority/agency] regarding all works on or under the public highway including vaults in pavements, crossovers and relating to threshold levels. [Contact address and phone number].
INFORMATIVES TO ACCOMPANY PLANNING PERMISSIONS AND SO FORTH
Where prior planning permission has been obtained .
PPI 01. This Planning Permission does not act as Listed Building Consent and you are advised accordingly of the need to submit a separate listed building application in respect of the works shown on the drawings hereby approved.
Advertisement requiring Listed Building Consent.
PPI 02. You must also obtain Listed Building Consent for the installation of the advertisement hereby granted approval. [The relevant application forms are attached for your use].
Subsequent approvals discharging Conditions of an earlier approval .
PPI 03. This permission fully discharges the terms of Condition(s) [Number] of the planning permission [Number, date].
|1||18/01/2016||LBC 37||Becomes LBC 38 Amending working to indicate specific identification of historic glass.|
|2||09/02/2016||LBC 26||Revision to Conditions relating to thatching.|
|3||15/02/2016||LBC 18-23||Revision and expansion of Recording Conditions and renumbering from LBC 20 onward.|
|4||06/05/2016||LBC18-62||Changes to references to below ground archaeology conditions, requiring renumbering from LBC18 onward.|
Thanks to Claire Price and colleagues of the Council for British Archaeology, and Roy Lewis for helpful feedback and suggested revision and expansion of conditions related to archaeological work and recording.