My client has obtained planning permission for new external works to a building. The pre-commencement condition for this has been formally discharged and work has been implemented, which the LPA has inspected. There is however a current application with English Heritage for the possible listing of the building, although no decision from the SoS has been received to date. For information, EH were consulted on the planning application for new external works but no comment received. The legal advice we have received suggests that if the building is subsequently listed by the SoS, then any further works from the date of formal listing, including the completion of any works granted under the benefit of an implemented planning permission will also require the benefit of listed building consent. The advice further states that any works already undertaken to the building to that point in time (i.e. upto the point of listing) are not affected. Q - is there any case law on this issue?. It seems strange that work can be lawfully implemented under a PP (for example half of the external works) and then if listed, a listed building consent being required for the remainder?.
