Landscaping and Listed Buildings
There are three categories of Listed Buildings in England and Wales. These are Grade 1 – Buildings of exceptional interest, Grade 11* – Important Buildings of more than special interest and Grade 11 – Buildings of special interest that are worth preserving. Another classification uses the term ‘Architectural Interest’ to describe Grade 11.
As less than 10% of properties are Grade 1 or 11*, it is likely that a Garden Designer may come into contact with Grade 11, and therefore, the various hoops that must be jumped through may be considered less onerous than the higher grades. But, that will all depend on a number of factors.
The first step is to establish whether or not a property is listed. Even if you only suspect that it might be, it is wise to pose that question, in writing, to a prospective client. They may not be aware that permission will be required for any work in the garden. Some people have no idea of their responsibilities, simply because they never considered the garden as being part of the Listed Building status.
The requirement may not be too onerous, depending on the proposals for the site, and it is perhaps best to advise the client to be aware of their responsibilities and prepare them for action before you get too far with any concept plans. At the very early stages, there may be nothing to be concerned about. That will all depend on the amount and scope of works planned, especially regarding hard landscaping and changes of level.
It may be prudent to carry out some limited research before attending the initial interview, to enable you to appear more knowledgeable. This may include checking to see if the property is in a Designated Area of Special Interest, Site of Special Scientific Interest (SSSI), a National Park, or likely to come under any other regional or national restrictions. This ‘advance’ knowledge will ensure that you can quickly flag up the probable necessity to involve the Planning Authorities.
Having established the fact that the building is Grade 11, and therefore before any construction works can be carried out in any way, the owner will be obliged under any terms and conditions that may apply to the house – which may be discovered within the deeds to the property, their solicitor or estate agent, any limitations will become known before any design work is contemplated.
This really is a ‘chicken and egg’ situation, although a conversation with the owner at the earliest stage will help to prepare you on matters such as budget and likely layout of any future plans from the design viewpoint. Try and establish a ‘wish-list’ from the client to determine whether or not these requests may be achievable (certainly financially) before embarking on a mission to gain the necessary permissions. It is pointless asking for planning consent if there is no chance of the works proceeding due to insufficient funding.
Set out a working programme of possible events, to enable a clear footpath through the various challenges that may occur. Step One – get the client’s wish-list to enable Step Two – establish a budget before Step Three – Concept drawings to move on to Step Four – discuss with the Authorities and so on.
Be aware too, of the not-so-obvious problems, including the local Parish Council, District or County Council (especially their Heritage Departments) who may have a keen interest on any works or changes that may be planned. The first sight of someone in the garden with a pen and notepad will ring alarm bells with ‘local’ walkers passing the site. (I have been accosted on several occasions when conducting tree condition surveys and reports, by the local retired Colonel or Chair of some Committee or other!)
It may prove necessary to adopt a piece-meal approach to Listed Building projects, with one step at a time, often weeks or months in between activity. The client may well ask you to assist with dealing with the authorities, and in order to do so, you will need to produce a strict brief for both Parties to follow. You are not able to apply for permits or permissions. Only the owner (or Managing Agent) can do that, and the responsibility should not rest on the Designer’s shoulders, as you have no general legal authority.
It is therefore, sensible to raise an invoice at each stage/visit, as things may drag out, and the client forgets what they owe you. Assuming that the design work remains progressive, and plans are drawn up for use by whomsoever including the Authorities and contractors, once it becomes clear that the project is going ahead, then as the Principal Designer, a DCM plan should be drawn up under the Construction (Design Management) Regulations 2015 to protect you, as the designer, ensuring that all permits and permissions are in place, in writing, with a copy of each in the CDM file.
By undertaking initial research into the property, and ensuring that each stage of the application process has been followed diligently, you will not become involved in any legal issues concerning liability or professional negligence. This is the primary reason for working under a strict written brief at all times.
Protect yourself, whilst working diligently for the customer, opening doors and assisting them to get their project accepted by the Powers That Be. Once you establish a reputation amongst the other professionals i.e. ‘authorities’, any future works on Listed Buildings will become easier as they will respect your professionalism and assiduity.
