Heritage Partnership Agreements: the future of historic buildings?
Despite the Government’s best attempts to update the planning system, it takes applicants a considerable amount of time and resource to obtain planning permission and listed building consent. For historic buildings, even comparatively minor works may require listed building consent. The administrative burden and cost of applying for listed building consent for relatively routine maintenance such as fireproofing, upgrading gutters or insulating floors can ultimately deter some owners and/or landlords from undertaking these necessary works.
Heritage Partnership Agreements (HPAs) may be a route through some of this difficulty. HPAs are legal agreements between a landowner, the local planning authority (LPA) and typically Historic England which authorise a set of specific works in respect of a particular listed building or set of listed buildings. The HPA effectively acts as an umbrella listed building consent: as long as the owner undertakes works in accordance with those included in the HPA, there is no need to obtain a separate listed building consent first. Arguably of equal importance is that an HPA can specify which types of works would not have an impact on the special interest of a listed building – this allows an owner to proceed with these works without first obtaining a certificate of lawfulness or alternative reassurance from the LPA.
There is no time limit for an HPA, but in practice an LPA may require the HPA has a finite duration (such as 5 or 10 years). For works which are likely to be carried out on a regular / semi regular basis, an HPA covering multiple years can significantly reduce the number of applications for listed building consent.
There are limitations as to when HPAs can be used and there are certain steps which must be complied with before an HPA can be finalised. For example, before making a HPA, the LPA is obliged to consult with Historic England and is required undertake a number of publicity requirements (including making the HPA available, displaying a notice and notifying all owners who are not subject to the agreementi). An HPA is limited to works requiring listed building consent, it cannot be used to authorise works which require planning permission.
Howard de Walden recently announced that it had entered into an HPA with Westminster City Council for over 300 Grade II and II* buildings across its Marylebone estate. This HPA authorised works such as secondary glazing and fireproofing, to ensure the listed buildings on the estate can be modernised to ensure energy efficiency and fire safety complianceii. HPAs have also been used for single buildings such as for Kings Cross Station.
It will be interesting to see whether other London Estates follow Howard de Walden’s example of entering into HPAs in a bid to maintain their historic buildings and reduce the number of listed building consent applications. We anticipate that with the increase in cost of listed building consent applications, the increase in fire safety regulation and energy efficiency, we will see a greater use of HPAs in the future.
i Regulation 4 and 5 of the Planning (Listed Buildings and Conservation Areas) (Heritage Partnership Agreements) Regulations 2014
