Bath Preservation Trust

Enforcement

One of our many roles is to monitor for any unauthorised works or additions within the historic environment of Bath and its environs. We report any cases spotted by ourselves or Committee members, as well as any cases reported by any of our members or members of the public. We are additionally in correspondence with case officers regarding potential development breaches or ongoing enforcement cases.

Unauthorised works constitute alterations or additions to a building or site without the necessary planning permission or listed building consent. Local Planning Authorities (LPAs) have consequently been granted the primary responsibility for taking whatever enforcement action they consider necessary in the public interest in their area.

The Planning (Listed Buildings and Conservation Areas) Act 1990 sets out Parliament’s legislation for the protection and management of alterations to listed buildings within the UK (England and Wales).

Works to a listed building “for the demolition of a listed building or for its alteration or extension in any manner which would affect its character as a building of special architectural or historic interest” without the necessary listed building consent constitutes a criminal offence. The maximum sentence for unauthorised works to a listed building is two years’ imprisonment or an unlimited fine. In response to this, the Local Planning Authority may issue a listed building enforcement notice with the purpose of reversing works, or alleviating the harmful impact of completed, unauthorised works. Failure to comply with an enforcement notice is an additional offence with potential for a further unlimited fine. Whilst works can be granted consent retrospectively, this does not eliminate the fact that an offence may have been committed and a prosecution may still be brought. The demolition of an unlisted building within a conservation area similarly constitutes a criminal offence and an enforcement notice can be served to rectify any works done without planning permission, or in breach of a granted consent or condition.

For further information, you can consult the RTPI’s Planning Enforcement Handbook for England free online.

You can also refer to Historic England’s Criminal Offences: Listed Buildings and Other Heritage Assets for a breakdown of planning legislation in relation to listed buildings.

We are always happy to receive notifications of potential unpermitted works to historic buildings or the public realm, and encourage you to help us by keeping an eye on any developments in your local area. We would additionally strongly recommend that you keep a note of when the work started, and provide a photographic record of the site. Any details can be reported via email or phone; please contact us at conservation@bptrust.org.uk or 01225 338727. The process of reporting planning breaches is completely anonymous and you are encouraged to report issues where possible direct to the council at enforcement_planning@bathnes.gov.uk. 

What Can I Report to Enforcement?

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Extensions

Extensions constitute a material alteration to a listed building and could be of significant visual harm to a building's special architectural and historic interest. Permitted Development rights are restricted within conservation areas; side extensions, two storey extensions, and dormer windows to any unlisted building within Bath's conservation area would therefore require planning permission.

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Windows

Listed building consent is required for window replacement or significant repairs. Permitted Development rights allow the replacement of windows/doors in unlisted buildings so long as these are of a similar appearance to those existing. The introduction of uPVC windows into the conservation area is not supported by the LPA.

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Shopfront and Signage

Bath city centre has an established shop front character that uses a traditional, high quality material and colour palette enforced by the LPA. Planning permission or listed building consent is required for any alteration to a shop front which would materially change the appearance of the premises, or freestanding advertisements such as A-boards. Certain types of temporary or infrastructure signage comes under 'deemed consent' excluding Estate Agent boards in Bath.

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Boundary Treatment

Walls and railings can be curtilage listed and may need listed building consent for alteration or demolition. Walls, fences, or means of enclosure of one metre or less within the Bath conservation area cannot be demolished without planning permission.

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Demolition

Demolition of an unlisted building within a conservation area requires planning permission. It is highly unlikely that the partial or entire demolition of a listed building would be granted consent unless it can be demonstrated that works are necessary to achieve substantial public benefits that outweigh the proposed harm or loss.

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Change of Use

Changing an office building into a residential dwelling in Bath requires planning permission. Permission is also required for the conversion of residential dwellings (C3) into houses of multiple occupation (C4).

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Illumination

Permission is required for associated lighting structures such as poles or columns, large-scale lighting schemes, and any form of illuminated advertisement. Listed building consent is required for lighting schemes where a building's historic fabric or character would be materially affected.

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Agricultural Buildings & Sites

Permitted Development rights restrictions within the AONB means works such as agricultural building conversion to residential use would require planning permission. New buildings within the Green Belt will be considered inappropriate development in principle unless demonstrated to have 'very special circumstances'.