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Listed Building Consent
3.2 Anyone who wants to demolish a listed building, or to alter or extend one in any way that affects its character, must obtain 'listed building consent' from the local planning authority (the District or London Borough Council), or in some circumstances the Secretary of State. The procedure is similar to that for obtaining planning permission. (Details can be obtained from the Planning Department of any County, District or London Borough Council).
3.3 It is an offence to demolish, alter or extend a listed building without listed building consent and the penalty can be a fine of unlimited amount or up to twelve months' imprisonment, or both.
3.4 Anyone wishing to redevelop a site on which a listed building stands will need both listed building consent for the demolition and planning permission for the new building. Planning permission alone is not sufficient to authorise the demolition. Similarly, anyone wishing to alter a listed building in a way which would affect its character, and whose proposed alteration amounts to development for which specific planning permission is required (as distinct from a general permission given by the General Development Order), will also need to apply for planning permission and for listed building consent. See also Sections 1.10, 7 and 9.2.
3.5 If an application for listed building consent is refused by the local planning authority, or granted subject to conditions the applicant has a right of appeal to the Secretary of State.
3.6 On receipt of an appeal, the Secretary of State will normally hold a local inquiry if either the applicant or the local authority ask him to do so. The procedure for appealing is virtually identical with the procedure for appealing against a refusal of planning permission, but the applicant can include, as one of the grounds of appeal, an argument that the building concerned is not of special architectural or historic interest and ought not to be listed. (See also Section 1.13 above).
If you are granted listed building consent to demolish a building - either wholly or in part - you must not do so until the Royal Commission on Historical Monuments has been given an opportunity to make a record of it. So if you propose to demolish part or all of a listed building you should tell the Royal Commission at The Royal Commission on the Historical Monuments of England, Swindon either before or immediately after you get listed building consent. You can get a form for this purpose from the local planning authority. You must then wait for at least a month (the period runs from one of two dates - the date on which listed building consent is given, or the date on which the Royal Commission is notified, whichever is the later). During that time you must allow the Royal Commission reasonable access to the building. If the Royal Commission completes its records of the building within the month, or states that it does not wish to record it, you can then demolish the building at once. If, exceptionally, the month has elapsed and the Royal Commission has been notified but has not been in touch, the building can be demolished without further delay.