Heritage partnership agreements: a useful tool for retrofitting listed buildings at scale

There are challenges in the retrofitting of listed buildings, both to improve environmental performance and adapting them to be resilient to the impacts of climate change.  Such buildings invariably were not constructed with a climate crisis in mind and their subsequent listing, intended to protect their heritage, can delay retrofit projects.  Ensuring heritage buildings are resilient to the impact of climate change can protect their desirability as places to work, live and play, but bold steps are necessary by both landowners and public authorities to make this happen.  A heritage partnership agreement (“HPA”) could be one such bold step.

HPAs were introduced by a variation to The Planning (Listed Building and Conservation Areas) Act 1990 contained in section 60 of the Enterprise and Regulatory Reform Act 2013.  The legislation allows a local planning authority to make an agreement with the owner of a listed building (or buildings) which grants listed building consent for specified works.  The HPA may also set out the conditions to which the consent is subject.  As HPAs can cover multiple buildings, there is an opportunity for landowners with many listed buildings in a concentrated area to use a HPA to accelerate listed building consents for retrofit projects.

The legal requirements of a heritage partnership agreement

In order for a HPA to be binding it must:

• be in writing;
• make provision for the parties to review its terms at intervals specified in the agreement; and
• make provision for its termination and variation.

Interestingly, the legislation does not specify a maximum duration that a HPA should last.  The building owner should carefully consider how long it may need to implement a portfolio wide scheme of works to its listed building and ensure that the HPA reflects that (with plenty of buffer to cover the unforeseen).

The local planning authority must consult Historic England before entering into the HPA if the buildings concerned are classified as a Grade I or II* listed or if a listed building is owned by the local planning authority.  The Planning (Listed Buildings and Conservation Areas) (Heritage Partnership Agreements) Regulations 2014 (“the Regulations”) contain the form of notice that must be served on Historic England by the local planning authority, and this specifies a consultation period of at least 28 days. The local planning authority must take into account any representations from Historic England received during that period.

The local planning authority must also publicise (both on their website and at a place in the locality in which the buildings are situated and at all reasonable hours) the intention to enter the HPA for a period of not less than 28 days.  The Regulations are prescriptive as to what information needs to be included within such publication.  Any representations received following such publication must be taken into account by the local planning authority.

Once the HPA has been made, the local planning authority must submit a copy to Historic England.

The HPA effectively amounts to listed building consent, so it is important to note that a breach of the HPA could result in enforcement action by the local planning authority, in the same way as if a building owner breached a listed building consent.

Why is this relevant to retrofitting?

As a HPA can relate to more than one listed building, it has potential to be a useful tool to a landowner with a portfolio of properties containing multiple listed buildings.  If a landowner has the desire to retrofit its portfolio at scale it should give serious consideration as to whether to engage the local planning authority in a discussion as to whether a HPA is a viable option.  It could allow for specific retrofitting works without the need to seek separate listed building consent, streamlining the process from conception to being on site.   From the local planning authority’s perspective, whilst there will be significant upfront work in considering the type of works to be permitted by a HPA and the conditions that may be required to preserve the heritage of the relevant buildings, it could ultimately free up much needed resource that would otherwise be taken up by multiple applications.

Conclusion

Building owners will inevitably be required to undertake retrofit projects for reasons of climate change adaptation and to improve their environmental performance.  Entering into a HPA is a useful tool for a building owner of multiple listed buildings to streamline the listed building consent process enabling retrofit at scale and providing flexibility to nimbly adapt to commercial needs.

HPAs can also cover other matters such as public access (if applicable) or management issues (i.e. maintenance and preservation works) so provide a more holistic approach to listed building planning.

How we can help

At Cripps we have a team of both planning and property lawyers that are well placed to provide strategic advice to landowners considering whether a HPA may be appropriate.