Listed Buildings and Other Designated Heritage Assets
Some heritage assets are considered to be of national or even international significance. Therefore, the law imposes tight control over destruction of, or alterations to these sites. Designated Heritage Assets include lots of different types of heritage assets. These include; archaeological sites, historic buildings, shipwrecks, landscapes, battlefields and areas. They are referred to collectively as Designated Heritage Assets.
The list is subject to change, as new entries are added and removed on a regular basis. In East Lindsey, we have [last updated 28/11/2023]:
Listed Buildings (1463)
o Grade I (79)
o Grade II* (117)
o Grade II (1267)
Scheduled Monuments (158)
Registered Park and Garden (9)
o Grade I (0)
o Grade II* (0)
o Grade II (9)
Registered Battlefields (1)
Protected Wrecks (0)
World Heritage Site (0)
The statutory, or legal, list and descriptions for all of these can be found on The National Heritage List for England (NHLE) held by Historic England.
It is useful to note that Historic England's mapping system shows listed buildings as points, therefore it does not always highlight the full extent of the building(s) area(s) protected.
East Lindsey's mapping system shows listed buildings as polygons, this can be found on our E mapping service. Again, this may not be wholly accurate as structures such as garden walls and outbuildings may also be protected but are not always identified on this system.
The reason the online system does not give a complete picture is because Section 1(5) of the legislation for listed buildings, the Planning (Listed Building and Conservation Areas) Act 1990, states:
In this Act "listed building" means a building which is for the time being included in a list compiled or approved by the Secretary of State under this section; and for the purposes of this Act—
(a) any object or structure fixed to the building;
(b) any object or structure within the curtilage of the building which, although not fixed to the building, forms part of the land and has done so since before 1st July 1948,
shall be treated as part of the building.
This means that many buildings and structures (even very small ones) that are close to a listed building may also be considered as part of the listed building. Fixture depends on the degree of fixture but generally covers features which contribute to character such as lean too buildings, garden walls and internal features such as fitted cupboards and other features.
'Curtilage' is not defined in the 1990 Act and as a result the Courts have, on a number of occasions and on a case by case basis, interpreted whether a particular structure is in the curtilage of a listed building; and therefore included in its protection. What has emerged, formulated by the Court of Appeal in the Calderdale case, is a test based on three criteria. These tests are listed below and can be used to work out if a structure is classed as being in the curtilage:
1. The physical layout of the principal building and the structure;
How closely related physically and geographically are the supposed curtilage structure and the principal listed building, bearing in mind that the curtilage can in some circumstances extend to buildings or structures that are some distance away?
2. Their ownership, past and present; and
Was the structure in the same (or linked) ownership as the principal listed building?
3. Their use or function, past and present
Was the use of the structure related in some way to the use of the principal listed building? The House of Lords, in the Debenhams case, subsequently emphasised that the use of the structure must be "ancillary" to the use of the principal building.
These criteria should be applied to the facts as they were at the date of listing, and all three should be met for a building/structure to be considered curtilage. As cases come forward this position may change, therefore it is advisable to check the latest case law before considering if a building or structure should be deemed curtilage.
Carrying out unauthorised works to a listed building is a criminal offence liable to a fine and imprisonment. Please note that unauthorised works can be enforced against subsequent owners and there is no time limit on enforcement action, previously identified unauthorised works should be picked up by Local Land Charge searches.
With the exception of Scheduled Monuments and Protected Wrecks, all designated heritage assets are dealt with by the Local Planning Authority. Therefore, it is likely you'll need to speak to our Planning Team.
For advice and applications relating to Scheduled Monuments please contact Historic England directly. Historic England also issue the licences needed to work on or near Protected Wreck Sites. For works to these please contact their Midlands Office.
Contact Historic England, Midlands Branch:
Address: The Foundry, 82 Granville Street, Birmingham, B1 2LH
Tel: 0121 625 6888
Contact East Lindsey District Council Planning:
Address: Planning, East Lindsey District Council, ELDC Horncastle Public Sector Hub, Mareham Road, Horncastle, Lincolnshire, LN9 6PH.
Tel: 01507 601111