How to change the use of a listed building

This week, Hestia Town Planning secured Planning and Listed Building Consent for a change of use from Grade II Listed offices (B1) to a House in Multiple Occupation (HMO) (Sui-Generis) in a conservation area. Usually, the conversion of offices to residential is a relatively straightforward process. However, when changing the use of a listed building, it is a whole other ballgame.

If you have a listed building and are considering changing its use, then please get in touch to discuss your proposals with a specialist consultant.

What is a Listed Building?

Listing marks and celebrates a building’s special architectural and historic interest, and also brings it under the consideration of the planning system, so that it can be protected for future generations.

Due to the importance of listed buildings, it mean there will be extra control over what changes can be made to a building’s interior and exterior. Owners will need to apply for Planning Permission with Listed Building Consent for new buildings, major alterations to existing buildings and to change the use of listed buildings or land.

How do I find out if a property is listed?

The National Heritage List for England (NHLE) contains details of all listed buildings in England. To find out if a property is listed just search The List.

Heritage Assessment

In every case, the Local Planning Authority will want to see some form of heritage assessment. Heritage impact assessment is a structured process to make sure that you take the significance of your historic asset into account when you are developing and designing proposals for change.

For this particular case, we were required to conduct a site visit and produce a full, detailed heritage assessment.

When we are dealing wth a listed building, it is important to note that we are dealing with the whole building, not just the façade or some other obvious heritage feature. If it is a listed building, there is a host of things that might be covered: hidden elements such as floor joists or internal fabric for instance, which may not be regarded as important.

Something that is often overlooked, is the importance of the buildings layout. The layout of a historic building is valuable because it tells the history of how the building was used when first built, and how it might have changed over time. There is a misconception, that providing the external elements remain intact and and obvious historical internal elements, that the internal layout of a building can be altered. This is not always the case.

In this instance, the many rooms that made up the offices for the current B1 Use Class were perfect to accommodate rooms required for a HMO (with some clever designing). We were able to negotiate some very minor internal changes on the basis that upon removal of the internal fabric, a Conservation specialist was present to record and document any finds.

Given that the offices had been vacant for some time and that there was a strong need for single occupancy in the area. We were able to make a strong case that a HMO would be the optimum viable use of the site.

10 Steps to achieving planning permission

Once you have your design, the next stage is often to apply for planning permission via your Local Planning Authority. Read on, to find out more about your planning application and how Hestia Town Planning can help.

1. Do you have Permitted Development Rights?

These have increased considerably in recent years can now be undertaken in many cases without requiring planning permission. Always consult a professional before undertaking works that you believe to be Permitted Development.

2. Early Involvement

Local Planning Authorities periodically review their Local Development Plans and will always invite comments from members of the public. This is your opportunity to promote land for development. Check your Local Planning Authorities ‘Planning Policy’ webpage to see where they are with the production of their Local Plan.

3. Engage with your Local Planning Authority

A duty Planning Officer is available during working hours to offer general advice. Alternatively you may want to have a pre-application meeting to discuss your scheme in more detail. A pre-application meeting is not compulsory and with the help of a planning professional, this stage can sometimes be bypassed to speed up the application process – some Local Authorities currently have a waiting list of a 9 months!

4. Talk to an expert

An expert may suggest other options which suit your requirements and are likely to have a smoother passage through the planning process.

5. Research

Check your Local Planning Authorities planning database to see if similar proposals been accepted in the area before.

6. Check your sites history

Check whether the site/property already has a planning history. Even if a scheme was not previously approved, changes in law mean that the scheme may now be viewed favourably, so it is always important to check the laws or seek advise from a planning specialist.

7. Consult

Whilst not always compulsory for smaller schemes, it is advisable to discuss your plans with neighbours and members of the local community. For larger schemes, the Local Planning Authority will want to see how you have engaged and shaped your plans with the input of the local community.

8. Negotiate and Compromise

You may need to compromise slightly on your original proposal or offer additional benefits that will arise as a result of your development in order to tip the planning balance. A good planning officer will always advise you what changes you can make, to ensure your application is successful.

9. Try again

If your first application is unsuccessful you are entitled to a ‘free go’. Contact Hestia Town Planning for some advice to make sure your proposal will be successful the second time around. 

10. Appeal

Don’t give up! You have the right to appeal the decision and have the application determined by a Planning Inspector who is not local to the area.

Contact a planning specialist on 07463136687 or hestia.planning@outlook.com

12 things that you can do without planning permission

One of the most common questions we’re asked by homeowners is: “Do I need planning permission for this?”. This article lists 12 projects you can undertake without needing approval from the local planning authority.

In some instances you’ll need planning permission, for example, if you want to build a huge extension or knock down a house and rebuild. But there are many improvements that can be done without permission from your local authority.

There are limitations to these rights, especially if you live in a designated area or a listed building, or if you have already made considerable alterations to your home. It is always advisable to check before starting any work to avoid issues.

It is also important to note that obtaining planning permission is not as complicated or expensive as you may think. So do not compromise on your projects design because you are trying to avoid the planning permission route.

For an extension to your home, we generally, charge £1150 for everything needed to get you planning permission. Our turnaround is 1-2 weeks (most companies are 4 weeks) and we also include the technical specification drawings required for construction. Most importantly, our architects offer an unlimited amendment service free of charge (rather than charging after the first amendment like many others do).

Listed below are smaller home improvements that you’re likely to be able to complete under Permitted Development (PD).

 1. Porch

As long as your new porch conforms with the below criteria, you don’t need planning permission:

  • The ground area does not exceed 3m² (measured externally)
  • No part of the porch can be taller than 3m
  • It cannot be within 2m of any boundary adjacent to a highway

2. Converting a loft

In most areas of the UK, you won’t need planning permission as long as the loft conversion is no higher than the highest part of the roof and a similar material to the rest to the house is used.

Of course any form of loft conversion idea that goes beyond your permitted ceiling space does require permissions, so check before you embark on any ambitious bungalow extension ideas. If you live in a designated area such as a national park or World Heritage Sites you will not be allowed a roof extension.

If you live in a terraced house the conversion can have a volume allowance of 40 cubic metres of additional space. Detached and semi-detached houses can have an extra 10 cubic metres on top of this. However, the roof enlargement can’t hang over the outer wall of the house.

PD also allows for the construction of dormer windows, for additional headroom. But they must not extend forward of the roof plane on the principle elevation, or sit higher than the highest part of the existing roof.

3. Garage Conversions

Converting an attached building, such as an integral garage, into living space falls under PD as you are not increasing the overall footprint of the building. If you’re converting a standalone garage, you will need to apply for a change of use under Building Regulations.

4. Single-storey extension

If you stay with the below parameters, you can build a single-story extension without planning consent:

  • You can extend a detached property by 8m to the rear if it’s a single-storey extension (6m for a semi or terraced house), or by 3m if it’s double
  • A single-storey extension can’t be higher than 4m on the ridge and the eaves, and ridge heights of any extension can’t be higher than the existing property
  • Two-storey extensions must not be closer than 7m to the rear boundary
  • Side extensions can only be single storey with a maximum height of 4m and a width no more than half of the original building
  • Any new extension must be built in the same or similar material to the existing dwelling
  • Extensions must not go forward of the building line of the original dwelling
  • In designated areas (such as areas of outstanding natural beauty, conservation areas, etc), side extensions require planning permission and all rear extensions must be single storey
  • An extension must not result in more than half the garden being covered.

5. Conservatory

Similar to single storey extensions, conservatories and orangeries can be added under PD, following the same restrictions.

6. Two-storey extension

Under PD, you can add a two-storey extension to your home, as long as it is at the rear of the dwelling. In addition, it must not exceed 3m in depth or be within 7m of the rear boundary.

7. Cladding

Cladding will usually fall under PD, but is not permitted under PD on any dwelling house located on Article 1(5) land which includes special areas such as a National Park, AONB, World Heritage Site or Conservation Area.

8. Solar panels

Solar panels can be added under PD. Just ensure they do not protrude more than 200mm beyond the place of the wall or roof, and the highest part of the panel isn’t higher than the highest part of the roof (excluding chimney).

Free-standing panels can also be developed, but are limited in size.

If you are in a Conservation Area or listed building then limitations will apply.

9. Basement

Basements may be PD under Class A of the General Permitted Development Order (GPDO). However, PD does not allow for engineering works.

10. Parking spaces

If you need to drop your curb then you will need consent from the local planning authorityParking areas are permitted under PD providing that:

  • Any hard surface situated between the principle elevation of a dwelling and the highway, or any surface which exceeds 5m², is made of porous materials
  • Provisions are made to direct run-off water from the surface within the property curtilage and not onto the highway

11. Swimming Pool

You can build a swimming pool within your garden, provided that the total area covered by the pool does not exceed 50% of the area of the garden curtilage.

12. Shed or outbuilding

Providing the total area covered by multiple outbuildings does not exceed 50% of the total area of the curtilage, these may be built under PD. This 50% should take into account any extensions, but not the area covered by the main house. Here are some restrictions:

  • Outbuildings cannot sit forward of the principle elevation
  • Outbuildings can only be single storey, with the maximum eaves height remaining at 2.5m
  • There are height restrictions depending on the type of roof
  • Outbuildings under PD cannot be used for residential accommodation, but can be used to work from home

Using the Local Plan process to get planning permission

The planning system is complicated and the process for preparing a new Local Plan is no exception. However, the Local Plan can provide the opportunity to secure development on your land through an approach known as ‘land promotion’

The opportunity to promote your site through the Local Plan doesn’t come round very often. As Plans typically cover a 15 year period, they don’t need to be replaced more often than that. If you want to secure development on your site, it is therefore crucial that you take the opportunity when it arises.

Hestia Town Planning monitor each Councils Local Development Framework and know when it is the right time to put forward your land. 

Get in touch today to ask for a tailor-made proposal for your site – with absolutely no obligation.

What is a Local Plan?

Every council in England and Wales will have a Local Plan to guide development over a 10 to 15 year period.

The Plan consists of a number of policies which set out how much development is needed and where it should be located. When you submit a planning application, the council compare it against the policies in the Local Plan. If the application meets all those policy requirements it will normally be approved; if it doesn’t comply with policy then the application would usually be refused.

That Local Plan will identify specific sites for a particular use, such as new housing or employment. usually includes identifying specific sites for particular uses, such as new housing or employment development. It is this element of the Local Plan that we use to promote land for development.

How is a new Local Plan prepared?

As Local Plans only cover a set period of time, councils frequently replace them with new, more up-to-date Plans.

Government guidance sets out a strict process for preparing a new Local Plan. Essentially though, the process is quite straightforward and involves 5 key stages:

  1. Gather evidence on the challenges the council faces and the level of development needed.
  2. Consider the various ways in which those challenges could be addressed.
  3. Settle on a preferred solution and turn it into a draft Local Plan.
  4. Revise the Plan based on comments and suggestions from the public.
  5. Ask the Planning Inspectorate to confirm that the Plan has been prepared properly and can be used for deciding planning applications.

How we can help you use the Local Plan to your advantage

Each stage involves consulting local residents, land owners and developers for their views. This can include submitting your own evidence to the council.

If you would like a particular type of development on your site, this provides an opportunity to influence the policies in the new Plan. The aim is to make sure that those new policies allow your development to take place, even if it would be prevented by policies in the ‘old’ Plan.

Land promotion is a really powerful approach as it can work on sites of all types including Green Belt and even sites where planning permission has been refused in the past.

There are two key elements to land promotion:

  1. Submit evidence to the council showing why the development you are proposing is actually needed. For example, we might submit evidence to show that the council needs to deliver a significant number of new homes in a particular town.
  2. Demonstrate why your site is suitable for the type of development that is needed. This requires specialist evidence relating to traffic, ground conditions, ecology, landscape and heritage. It is important that evidence should show that your site is better than the alternatives.

If your land promotion is successful the new Plan will confirm that the development you have been promoting can take place.

Hestia Town Planning can help you secure planning permission on your land in this way. We specialise in promoting sites through the Local Plan process to secure permission for development.

You may be able to demolish your commercial site or flats and replace with new residential dwellings or flats without planning permission

A new Permitted Development Right (PDR) was introduced in August 2020, which permits the demolition of certain commercial buildings and residential dwellings to create new dwellings. This is known as Class ZA and is another attempt by the Government to increase the supply of housing through the redevelopment of vacant land and underused buildings.

When you buy a site it can sometimes be tempting to demolish the building as soon as possible to speed things up. Our advice is to hold fire. Always speak to a specialise before you decide to demolish. You may be able to save a lot of time and money by utilising Class ZA.

What is Class ZA?

Class ZA allows for the demolition of either a single purpose built detached block of flats or a single detached building that is an office or light industrial that was existing on 12th March 2020. Class ZA allows for a replacement with either a single propose built block of new flats or a single purpose built house.

Class ZA also permits the replacement building to be up to two storeys higher than the existing building – potentially doubling the value of you scheme.

Criteria and Prior Approval

There is of course, a list of qualifying criteria which include; the requirement that the existing building needs to have been vacant for more than 6 months, the replacement building needs to be on the same footprint, and several others.

There are also prior approval matters that need to be addressed. These include the impact on:

  • highways
  • contamination
  • flooding risks
  • noise
  • natural light
  • design and external appearance of the new build

However, unlike Class Q (agricultural to residential) the new Class ZA includes consideration of:

  • ‘impact on business’
  • impact on heritage and archaeology
  • landscaping

There is also a requirement to provide details of the method of demolition and then, following approval, there is a need to provide details of the construction management of the development including some listed elements.

This PDR excludes sites in Areas or Outstanding Natural Beauty, Conservation Areas, or Listed Buildings.

Contact us

For specialist advice on whether you can utilise Class ZA contact a member of our team on 07463136687 or email hestia.planning@outlook.com

Do I need planning permission for a barn conversion?

In 2014, permitted development rights were extended to allow agricultural buildings (e.g. barns) to be converted into homes (Class Q). However, like many other permitted development rights, there are certain rules and regulations that you must adhere to before you get given the green light by the local planning authority.

If you are thinking of converting your barn, or considering purchasing a plot, then speak to us first. We are always happy to help and guide you in the right direction.

Prior Notification

Even though barn conversions are classed as permitted development, you will still need to give the local authority ‘prior notification’ to seek approval before you start work. You can read our dedication page for more information on prior notification, however in brief, it is like a fast-track planning application. The council has the right to refuse the proposals if certain criteria are not met and can impose conditions on the development.

There are some hard and fast rules when it comes to understanding if your barn conversion won’t meet the requirements of Class Q and will therefore need planning permission. These include:

  • if it is in an Area of Outstanding Natural Beauty (AONB)
  • if it is a listed building
  • if it isn’t on an agricultural unit (for example, if the barn is in a garden or paddock rather than on a farm).

Are your works for a conversion or re-build?

Class Q is a controversial piece of legislation and issues may occur if the local planning authority classify the development as a re-build – even if much of the existing building remains. If the local planning authority believe your project falls under a ‘re-build’, then they will request a full planning application.

Hestia Town Planning have worked on many cases where we have successfully argued that a project constitutes a conversion, thus avoiding the need to submit a full planning application.

Full Planning or Prior-Notification?

It is worth noting there there are both pros and cons to applying for full planning or going down the prior notification route. When you contact us, we will assess your site and pull together a strategy to advise you on the best route to take.

I want to convert my loft but I have bats – can I still convert it?

We had a question this week relating to bats. In this instance, it was in relation to how a bat may impact on a proposed loft conversion, however, those who have other outdoor structures on their property, such as a shed or a garage, are also susceptible to a bat infestation.

So, will the presence of bats put a stop to your building plans?

The short answer to this question is – usually – no. However, discovering bats will cause some delays and incur additional costs.

If you’re worried that bats may impact your building work then please contact us and we can put you in contact with a professional ecologist and advise you on the best way forward for your loft conversion or building works.

Why are bats important?

Whether you love or loathe bats (personally we find them cute!), they are one of the protected species listed under the Wildlife and Countryside Act 1981, which means you can’t:

Kill, injure, or remove a bat;

Own or control a living or dead bat, or anything derived from a bat;

Intentionally or recklessly damage, destroy, or obstruct access to any area used as shelter or protection by a bat, for example, build a loft conversion where they roost;

Intentionally or recklessly disturb a bat when it’s occupying a structure or place i.e. a loft space or garage.

I think I have bats, what should I do?

If you suspect have bats, you should consider commissioning a bat survey before you apply for planning permission for any proposed building work. You will need to consult your local planning officer about how you will conserve or rehome the bat colony. 

Also note, that a bat survey will be required if there is ‘a reasonable likelihood’ of bats being present. This means that even if you do not suspect bats – if your building has certain characteristics (for example, is agricultural or within 400m of water), the local authority will want to rule out the presence of bats.

Do not try you deter the bats away from your property. Many of the tactics used by the average homeowner only serve to make the bats angrier and cause them to dig in their heels, so it is important to always consult a professional.

Do you definitely have bats?

If you think that you may have bats then under no circumstances try to investigate yourself. Only a fully trained and licensed professional can conduct a bat survey. If you do try to investigate yourself, then you could be committing an offence by disturbing the bats.

Unlike other animals, bats are a little harder to identify as they do not leave many obvious clues. If you suspect a bat, then look and listen for the following clues:

  • A regular ‘chattering’ or noise around dusk;
  • Sightings of bats (dead or alive);
  • The scent of ammonia or unexplained odours;
  • Stained holes (Once they have pinpointed an enter/exit point, the hole will become stained with black resin);
  • Bat droppings in your loft;
  • The remnants of dead insects (bats don’t tend to eat the wings)
  • Scratch marks near entry points

What will the bat survey involve?

Bat surveys cost in the region of £1000 and only be carried out between May and October (when they are not in hibernation). The local planning authority will only accept surveys conducted by a licensed professional.

There are two stages to bat surveys; first the preliminary survey to assess the likelihood of bats being present. If this survey does not conclusively rule out the presence of bats then a second, full survey will be required.

My survey has concluded that I have bats. What happens now?

Don’t panic. A professional will be able to advise whether it is possible to rehome the bats. This will involve applying for a mitigation licence, setting out what building work you plan to carry out and how you will protect the bats in the process. Once the local planning authority are given the thumbs by Natural England, that your proposed mitigated measures are acceptable, then you are good to go (subject to your other planning regulations of course).

Did you know that you can apply for planning permission on land that doesn’t belong to you?

You do not have to be the owner of land in order to make a planning application.

If you are not the owner, you will simply have to formally inform that person of your intention to submit an application. This is required under Part 13  and Schedule 2 of the Town and Country Planning (Development Management Procedure) Order 2015.

Who owns the planning permission?

If you are able to obtain planning permission on land which does not belong to you, the Permission relates to the land rather than the Applicant or Owner, therefore anyone could implement it. This means, if permission is granted, the land owner could implement it themselves or sell up to someone else even though you have paid for the application.

Why apply for planning permission on someone else’s land?

The answer to this is simply for speed and assurance that certain works can be undertaken before committing to a purchase. Obviously, there is an element of risk that the owner may not sell to you afterwards and we would always recommend entering into a well-drafted conditional contract. This will commit both sides to the deal, while allowing time to sort out the practicalities and retaining the right to walk away if things do not fall into place as intended.

How to build a house in your garden

CAN YOU BUILD A HOUSE IN YOUR GARDEN?

If you have a large garden (or driveway) that’s accessible directly from the road, it can provide a fantastic development opportunity to build a house on your land.

WHERE TO START?

Before you spend anything on the planning phase, it’s important to get a clear understanding of what the process will be to build a house in your garden and any potential risks. It is important to contact a professional as early on in the process as possible.

Hestia Town Planning would begin by undertaking a ‘feasibility study’ and would look at any hurdles as part of this process. Common areas to research as part of this study include:

  • Planning policy. Firstly, check the Local Authorities Development Plan for any policy on backland or infill development. Are you in the countryside and/or part of a conservation area? These areas can be more difficult to get through planning.
  • Over intensification and access. Is there enough space and access to allow you to build on your garden?
  • Privacy and lighting. Would there be privacy issues for either your existing house or the new one?
  • Will the existing property’s value be diminished significantly?


COVENANTS

Covenants are restrictions placed on your land that can prevent you from developing it in a certain way. Even if you get planning permission to build a house in your garden, the covenant would override this, so it’s well worth checking your title on Land Registry (or Registers of Scotland) before anything else.

If there is a restrictive covenant, it may be possible to get it removed, especially if the beneficiary (ie the party that benefits from the restriction) no longer exists. For this you would need to contact a solicitor.

If you are thinking of developing your garden, then contact us for more information and advice.

Heritage

Heritage Statements

A Heritage Statement is required for all applications affecting Listed Buildings, unlisted buildings in conservation areas, or ‘locally listed’ buildings, or projects affecting known archaeological or certain other sensitive locations. A Heritage Statement is also required for applications affecting the setting of any of the above.

Listed building consent

If you live in a listed building, then most work to it will need consent. It is important that you contact a professional before you start any work.

In brief, you will not be permitted to demolish a listed building, or make changes which:

  • Harm or change the special character of the building
  • Affect the strength and stability of the building.

When a building is listed the whole of it is protected, inside and out. Outbuildings and boundary walls are normally also protected by the listing. 

Work that will need to be agreed includes:

  • Changing windows and doors
  • Painting over brickwork or removing surfaces outside
  • Putting in dormer windows or rooflights
  • Putting up aerials, satellite dishes or burglar alarms
  • Changing roofing materials
  • Moving or removing walls inside the building
  • Making new doorways
  • Removing or changing fireplaces, panelling or staircases.

Note that work not included in this list may also need consent. 


How we can help

If you are applying for consent for work to a Listed Building or a property in a Conservation Area, or doing so on behalf of a client, then we can provide a Heritage Statement, which will be essential for your application.

Our Heritage Statements detail how a development will impact on a ‘Heritage Asset’, with reference to relevant local, national and regional planning policies. Applications for demolition within conservation areas should also include the supporting evidence and justification required by para 133 of the National Planning Policy Framework (NPPF).

Listed building consent is different from planning permission, but the application process is much the same. You may also need planning permission to carry out works.

Hestia Town Planning has considerable experience in preparing these statements for all types of applicants, including architects and other agents.