Listed Buildings and Conservation Areas

A proposal to carry out telecommunications development which affects a listed building or its setting will be subject to the normal statutory procedures, in that Listed Building consent will be required. No exceptions have been made to the requirement to obtain such consent under Sections 7, 8 and 9 of the Planning (Listed Buildings and Conservation Areas) Act 1990 (the LB Act) before executing works affecting a listed building. Hence, under sections 66 and 67 of the LB Act, the local planning authority when considering whether to grant planning permission for development which affects a listed building or its setting, are required to have “special regard” to the desirability of preserving the building or its setting or any features of special architectural or historic interest which it possesses.

Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9) - HMSO website

Similarly for Conservation Areas, any proposal will have to be considered in accordance with the tests under sections 72 and 73 of the LB Act. These tests require that, in exercising any of their powers under the LB Act with respect to any buildings or other land in a conservation area, the local planning authority must pay special attention to the desirability of preserving or enhancing the character or appearance of the area.

Further, it will constitute a material consideration in determining whether planning permission should be granted or refused.

It is notable that Government Guidance in PPG 8 and the Code of Best Practice (2002) highlight the potential for solutions that are designed to blend into their environment and a number of the examples relating to such buildings shown in the Code of Best Practice are listed structures.