Listed Building consent for alterations, extension or demolition of a listed building

Thank you for your letter of 19 February 2008 and for consulting us on your draft local checklist for the validation of planning applications which we welcome.

In order to offer detailed advice on any application we require a full understanding of the impact of the proposed works on the historic environment. We also need to understand why the changes contained in an application are proposed. Our publication, 'A Charter for English Heritage Advisory Services' contains a guide to the range of information required for consultations with English Heritage. This guide is reproduced at Appendix A of this letter.

We believe that the items set out in Appendix A are required by local authorities to determine applications. These items are what we require if there is to be a 'genuine invitation to give advice' as set out in ODPM Circular 08/2005.

The glossary and guidance that your authority gives to applicants to ensure that the required documents are clear and unambiguous should therefore reflect the content of our Charter. The Government's guidance on the Validation of Planning Applications published on 7th December 2007 included many of these items. We would like to offer the following general comments on the local checklist and the glossary of terms:

* Planning statements, Listed Buildings Appraisals, Conservation Area Appraisals or Heritage Statements (as described in the CLG guidance) should take account of the 'impact on' and the 'setting of' the historic environment, which includes individual historic assets. For example, applications for planning permission for development may affect the setting of a listed building, scheduled monument, battlefield, conservation area, registered park or archaeological remains. They may also have an impact on the surrounding environs and these issues need to be addressed in any appraisal. Within these requirements we would look to find a statement of the significance of the historical and archaeological interest of a site as well as a state of justification for the works. This information could help inform the decisions your authority has to make and we strongly advise your authority to request the same categories of information as indicated in our charter.

* Design and Access Statement requirements as set out in DCLG Circular 01/2006 must be fully reflected in checklists. When a planning application is submitted in parallel with an application for listed building consent for example, a single combined statement should address the requirements of both. We would also suggest that reference to the CABE guidance "Design and access statements - How to write, read and use them' may assist the applicant."

Where English Heritage is a statutory consultee on an application, using our Charter will help to ensure we receive genuine invitations to give advice in order to offer meaningful advice.


APPENDIX A

GUIDE TO THE RANGE OF INFORMATION REQUIRED FOR CONSULTATIONS WITH ENGLISH HERITAGE ON PROPOSALS AFFECTING NATIONALLY IMPORTANT HISTORIC ASSETS

The type and amount of information needed may vary according to the kind of development proposed. The following items may be necessary to assess the impact of changes to the historic environment:

* A plan showing the site, its location, extent and context
* Photographs, dated, numbered and cross-referenced to a plan, showing the site and its context in general and the area of proposed change in detail
* A statement of significance which demonstrates an understanding of the historical, archaeological and architectural interest of the site

Measured drawings as existing and as proposed to show, where appropriate:

* All floor plans
* Any external and internal elevations affected by the works
* Sections through floor, roof and wall structures, where these are affected by the works
* Perspectives or photomontages, models or computer visualisations, to show the impact of new works on the heritage asset and its setting
* Landscape works, to include contours and planting schemes
* Other material necessary to provide a full understanding of the impact of the works on the significance of the historic asset and its setting

Drawings should be at a scale appropriate to show the impact of the proposals on the historic asset and its setting, usually 1:50. Plans, elevations and sections as existing should indicate elements proposed for demolition.

A written explanation of the proposed works to include:

* An assessment of the impact of the works on the significance of the asset
* A statement of justification explaining why the works are desirable or necessary (this should include development appraisal where appropriate)
* An archaeological assessment or field evaluation and a mitigation strategy, where important archaeological remains may exist
* A structural report by an engineer familiar with historic assets, which identifies defects and proposes remedies, when works include significant elements of demolition or rebuilding

When proposed works include the total or substantial demolition of a listed building, or any significant part of it, the statement of justification should be based on the following criteria, as set out in detail at 3.19, PPG15:

* The condition of the building, the cost of repairing and maintaining it in relation to its importance and to the value derived from continued use
* The adequacy of efforts made to retain the building in use, including evidence that the building has been offered on the open market at a realistic price
* The merits of alternative proposals for the site

Thank you for your letter received by this office on 11 February, consulting Natural England over the above document. Please find set out below comments regarding the Council's local validation checklists, which identify when biodiversity or geological survey information might be required. These lists should be used in conjunction with the guidance template also discussed below, which identifies more precisely the requirement for appropriate survey information.

Local Government Ecologists in collaboration with DEFRA and Natural England have issued a guidance template for Biodiversity and Geological Conservation, which is available at: http://www.alge.org.uk/publications/index.php. This gives details of the information that may be required as part of the validation checklist. As discussed in the document, Rochford District Council is strongly recommended to customise the template in discussion with their own ecologist and the Natural England local team.

Natural England fully supports the inclusion of biodiversity surveys for the Council's applications where they are applicable. Where survey information is required, the application should be accompanied by:

* An initial ecological assessment of the site
* A full ecological report including likely impact of the proposal and mitigation measures, if required as a result of the initial assessment.

If a development is likely to have an impact on an internationally or nationally designated area (Natura 2000 site, Site of Special Scientific Interest and Areas of Outstanding Natural Beauty) the application should be accompanied by a report identifying the interest features of the site that may be affected. A full assessment of the likely effects of the development, and avoidance and or mitigation measures if applicable should be included. It is advisable for applicants to seek advice on the scope of the assessment from their local Natural England office prior to the submission of the application in these circumstances.

Assessment / survey information will also normally be required on developments that are likely to affect protected species, locally designated sites and priority habitats / species.

The aforementioned guidelines provide detailed information on when assessment and survey information will or will not normally be required, and clarifies what comprises a valid planning application in respect of biodiversity conservation. The new 1APP Standard National Application form includes a biodiversity and geological conservation section, and specifies where applicants should refer to the local application requirements.

Regarding the list of application types, Natural England does not consider there to be any significant omissions in the lists of local requirements for biodiversity information, with the exception of the combined application for 'Listed Building consent for alterations, extension or demolition of a listed building and advertisement consent', where some proposed works may impact on bat roosts.

The Council's local requirements list includes both 'biodiversity survey and report' and 'bat declaration form plus a survey if required.' Whilst the merits of the Bat Declaration Form have previously been explored, you may feel that the overlapping requirements of the two can be appropriately reflected within a single local requirement, as the Bat Survey Declaration will inform need for a 'biodiversity survey and report.'

I hope this letter is helpful, however if you require any further assistance please do not hesitate to contact me.