MERSEYSIDE LOCAL HERITAGE LISTING PROCESS AND APPEALS
The Merseyside Local Heritage List aims to include the best examples of historic assets which local communities’ value and which shape and characterise the area. To ensure the Local List remains special, and only includes heritage assets that are of authentic local significance, we are required to be selective acknowledging that the majority of buildings do not have the requisite significance that would justify material consideration in a planning context. If we do not provide sufficient scrutiny at all the stages, we could discredit or devalue the project overall.
Decisions taken to include a heritage asset on the local heritage list are done so based on the known information of the asset, the values associated with it; evidential, aesthetic, communal and historic and the desire to retain the asset for the enjoyment of current and future generations. Nominators are guided by the selection criteria along with other information on the type of assets that may be considered, and the supporting information required to make the decision.
THE NOMINATION PROCESS:
Registered users can commence a record for a potential candidate and have up to six months to complete the information before submitting the nomination.
Submitted nominations are checked by the Administrator within 5 working days to ensure they meet minimum requirements. Nominators may be asked for additional information to support their candidate and should provide this within 12 weeks of the request. If no response has been received, after six months the record will be deleted.
Nominations meeting minimum requirements are added to the map and list as ‘Candidate Work in Progress’ and the icon is green on the map. Owners, Local Authority Officers, and registered users are alerted, and an 8-week consultation process commences. Consultees at this stage can add comment, evidence or supporting information to the record. Consultees can be a mix of individuals, heritage professionals and local historic and civic societies in the area.
NB. The Local Heritage List project team can choose not to notify or consult with owners and registered users if it can be demonstrated the building or built structure would be at substantial risk of imminent damage or destruction.
Following the consultation period, the nomination information along with the feedback from consultations are sent to the Local Authority Conservation Officers to review within 12 weeks of the date sent.
They will decide if the candidate progresses to the next stage (Candidate Ready) and the asset icon will show mid-blue on the map or refused (icon turns red). Conservation Officers may contact the nominator or owner during this stage. Officers then write a report for the Council Member with delegated responsibility for the Historic Environment recommending formal adoption of the asset as a Non-Designated Heritage Asset and its inclusion on the Local Heritage List. If adopted, the asset icon will then be dark blue, and the name of the asset will appear.
GROUNDS FOR REFUSAL, REJECTION OR DELETION OF A NOMINATION:
There are stages in the nomination process where Officers and Administrators may reject (i.e. invalid application), refuse (i.e. valid but not meeting requirement), or delete an application:
Where a nominator fails to complete a record (status: In preparation) after six months they will be advised the record will be deleted.
Once a record has been submitted (status: Pre-Candidate), if the nominator has been asked by the Administrator to clarify or confirm details, or provide additional information to ensure the record meets the minimum requirements, and fails to provide sufficient detail within 12 weeks, the nomination will be rejected. If there is no response at all within six months, the record will be deleted.
When a pre-candidate has gone out for consultation, where the feedback from the consultation highlights inconsistencies with the evidence submitted or the significance is deemed to be lesser than suggested, or there is a general consensus that the asset should not be included, the Administrator in consultation with the Local Authority Conservation Officer, may refuse the nomination, giving reasons.
During their investigation and preparation of the recommendation report, Conservation Officers may discover new evidence that alters the significance of the asset as understood by the nominator. Examples include: works carried out since nomination that negatively affect the physical appearance of the asset or its setting; information that contradicts the evidence around the history of the asset or historical connections associated with it; or where assets have prior approval for demolition, alteration or are currently being considered for designation status (thus superseding the local list in terms of heritage significance and protection). Following full consideration, the Conservation Officer may decide to refuse the candidate and the asset icon will be red on the map. Reasons for refusal will be included on the record which can be viewed by the nominator and registered users.
Delegated Council Members may decide after reading the report, that the candidate should not be formally adopted as an asset on the local list. The candidate will be refused, and reasons recorded. Where candidates are formally adopted, the record is updated and the asset is included on the local heritage list, turning dark blue on the map.
If a locally listed asset subsequently is accepted by Department for Digital, Culture, Media and Sport (DCMS) for formal designation, or is subject to considerable change that affects its significance, or is demolished, it may be deleted from the local list and the asset icon will turn red. If it is accepted for statutory designation, the asset will appear as such on the map (indicated as light blue triangle).
APPEALS PROCESS
As with the appeal process for statutory listing, nominators may wish to appeal a decision to not accept a candidate for inclusion on the local list, and owners may wish to appeal a decision to include an asset on the local list.
As decisions are made based on the physical presence, condition, and known information of the candidate, appeals will only be accepted:
- Where there was a significant factual error
- Where there was an irregularity in the local listing process
- If there was significant evidence which was not previously considered about the special architectural or historic interest of the building in the local or national context.
General information when requesting a listing review
The review process allows requests to overturn a local listing decision only when there is significant evidence to indicate that a decision has been wrongly made.
The Merseyside Local Heritage List Project team allow a period of 28 consecutive days from the date of the decision in which a review may be requested. A review request must be received by e-mail on the Appeal Request Form. This deadline will not be extended except in very exceptional circumstances.
The review request must contain substantive grounds with significant evidence. Speculative review requests relying on the possibility of substantive grounds emerging, for example from the response to a request under the Freedom of information Act 2000 or the Environmental Information Regulations 2004, will not be accepted. The 28-day period will not be extended while speculative research is carried out.
The opportunity remains, for a further listing application to be made to Merseyside Local Heritage List should significant new information come to light at a date after the 28 days have elapsed.
Completing the Appeal Request Form.
It is important that all sections of the Appeal Request Form are completed as fully as you can, and sections marked with an asterisk must be completed for a review to be considered.
Section A – Key dates: You must submit the form and provide supporting evidence within 28 consecutive days of the date of the decision.
Section B – Applicant contact details: Please provide your name and contact details as we are unable to process requests unless we are able to contact you
Section C – Details of the building: Please provide the name and address of the building in question.
Section D – Reason for review: Please tick one box that best explains why you are requesting the review.
Section E – Your Grounds for review: Please provide detailed but concise arguments explaining your grounds for review of the decision. Consideration for overturning a decision will only be given if there is evidence that the original decision has been wrongly made (see reasons for appeal above).