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Green Building Bible, Fourth Edition
Green Building Bible, fourth edition (both books)
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    • CommentAuthorTriassic
    • CommentTimeFeb 11th 2014
     
    I own a rental property and the tenant highlighted a leak which occurred during heavy rain. No problem I thought, got the ladder out and found that the modern cement render over the stone chimney had cracked. So me thinks - hack the cement off and re-render in lime render, no problem.

    A call to the LA conservation officer and he tells me I have to submit a full planning application. So today I'll be filling in the application form, including a site location plan from the LA partner Getmapping and a Heritage Statement to include, a description of the significance of the heritage assets, the contribution of the setting of that significance, an explanation of the design concept and an assessment of the impact of the proposal on the significance. In addition, they also want existing and proposed elevation details of the chimney stack.

    Maybe I'll just go up on the roof and bodge up the cracks with silicone sealer and repaint it with Weathersheild.
    • CommentAuthorborpin
    • CommentTimeFeb 11th 2014
     
    Posted By: TriassicA call to the LA conservation officer
    Well that was silly :bigsmile:
    • CommentAuthorTriassic
    • CommentTimeFeb 11th 2014 edited
     
    Posted By: borpinWell that was silly
    As I found out!!
    • CommentAuthorJonti
    • CommentTimeFeb 11th 2014
     
    Triassic,

    if it is listed with the concrete will not the easiest be to repair the crack in the concrete instead of introducing another substance even if lime is better and that which would have been originally used. Is that not why you have to put in a planning application?

    Jonti
    • CommentAuthorTriassic
    • CommentTimeFeb 11th 2014
     
    Originally the stack would have been natural stone, at some point in the past its been rendered. All I want to do is stop the leak, ideally without jumping through the full planning application loop.
    • CommentAuthorstones
    • CommentTimeFeb 11th 2014
     
    From the planning portal - 'The controls apply to any works for the demolition of a listed building, or for its alteration or extension, which is likely to affect its character as a building of special architectural or historical interest'.

    From Hart District Council FAQs - Repairs & Maintenance of Listed Buildings

    Owners of Listed Buildings are responsible for keeping them in good repair. Hart’s Environmental Services would encourage owners to regularly maintain their buildings as, in the long term, it should be the most cost-effective solution.

    Maintenance and repairs do not require consent if they are carried out on a straightforward replacement or repair basis. Repairs should be carried out using materials and techniques which conserve the historic fabric. For example, damaged timber frame members should be repaired where possible, by piecing in, bracing or strapping rather than wholesale replacement of members. Timber frames should never be cleaned by a mechanical method, e.g. sand blasting.

    If an owner fails to keep a building in a reasonable state of repair the Council may, as a last resort, serve a Repairs Notice specifying the work to be carried out. This will ensure the proper preservation of the building.


    Would agree with Jonti, I think it is the fact you have suggested changing the building material that is the problem. If and when other work needs done you could always include a chimney refurb at that point when getting consent. At the end of the day, you have to protect (and have a legal duty to protect) the fabric of the building from damage and water ingress as per the passage above - if a slate slipped out, you would go up on the roof and replace it, so I think you could argue with the LA on the same basis. This isn't changing windows or removing listed features, it is a basic and immediate maintenance issue.

    I would get back on the phone to the LA and say you just want to repair on a like for like, and refer them to the FAQs above or other info on official sites that you can find. If they still won't budge, ask them how long such a planning application will take for them to deal with, and that you will hold the LA liable for any and all water damage from this point on given that no consent for a like for like is needed?
    • CommentAuthorTriassic
    • CommentTimeFeb 11th 2014
     
    Stones - thanks for the information.

    I looked again at out local authority planning web site and they have nothing like the information you provided. So I called them again and questioned the need for planning consent for a repair and having been passed around a couple of planning people and then the conservation officer, they have now said I do not require planning consent so long as I replace the rendering 'like for like' .

    So inappropriate cement render over limestone it will be!
  1.  
    Welcome to the world of the listed building
    • CommentAuthorstones
    • CommentTimeFeb 11th 2014
     
    Triassic, glad you managed to get the clarification you have. Perhaps worth an email to them (delivery and read receipt) or recorded delivery letter to the effect - further to our conversation regarding the like for like repair... They may not reply but at least you have something to show you took advice from them before proceeding.
  2.  
    I'd call this "JFDI with lime".

    Depending slightly on the visibility of your property, the vexatiousness of your neighbours, the photographs you know to be in the Council's possession and the enthusiasm of the enforcers.

    I wonder if asbestos must remain when it is in a listed building?

    F
  3.  
    ferdinand

    It has taken me 4 years to get our listed building officer to agree to the removal of the asbestos flue pipe from the aga we had removed.

    Unfortunately we are on first name terms with our enforcement officer and everything internally and externally is well documented with photographs.
    •  
      CommentAuthordjh
    • CommentTimeFeb 11th 2014
     
    Posted By: ferdinand2000I wonder if asbestos must remain when it is in a listed building?

    Generally asbestos remains in every building, unless there's a very specific reason to take it out. In our old office, they came round a few years ago and stuck little notices on every windowsill "Contains asbestos - do not cut" or somesuch words.
    •  
      CommentAuthordjh
    • CommentTimeFeb 11th 2014
     
    stones cited: From Hart District Council FAQs - Repairs & Maintenance of Listed Buildings

    From http://www.buildingconservation.com/articles/dutyofcare/dutyofcare.htm

    "Despite these two measures, there is no general duty, either under statute or at common law, on the owner or occupier of a building to do anything to stop it falling into a state of advanced decay – although that may expose the owner to the risk of being served a building repairs notice and, ultimately, compulsory purchase."
    • CommentAuthorCWatters
    • CommentTimeFeb 11th 2014
     
    <blockquote>..they have now said I do not require planning consent so long as I replace the rendering 'like for like' ...</blockquote>

    After you have done it in lime and cleared away the evidence who will know it was cement before.
    • CommentAuthorborpin
    • CommentTimeFeb 11th 2014
     
    Posted By: TriassicSo inappropriate cement render over limestone it will be!
    So would the difference be obvious if done in Lime?
    • CommentAuthorTriassic
    • CommentTimeFeb 11th 2014
     
    I agree I'll 're-render in lime and it will look the same when viewed from from the street, so the planners will be none the wiser.
    • CommentAuthorRoger
    • CommentTimeFeb 12th 2014
     
    Triassic, If only your leak had been better timed! The Enterprise and Regulatory Reform Act 2013 which comes into force this spring, 2014, includes heritage protection reforms aimed at 'improving efficiency without affecting protection'. The proposals include a ‘certificate of lawful proposed works’ (valid for 10 years) that categorically confirms that the works described in it do not affect the character of the listed building and do not therefore require consent. That would be ideal for your situation.

    It is a bit overzealous of the CO to force retention of inappropriate cement render. Even without this new legislation, it would have been reasonable to agree the proposed change via short method statement that would confirm for him that the building was not undergoing any changes adverse to its ‘significance’....

    http://www.english-heritage.org.uk/professional/advice/hpg/HP/
    • CommentAuthorTriassic
    • CommentTimeFeb 12th 2014
     
    Posted By: RogerTriassic, If only your leak had been better timed!
    I'm not going onto a roof in this weather, so I have a feeling the timing could shift. The short method statement approach sounds great and something I'd embrace willingly.
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