Grade I and II applications: the referral requirements
Referral adds two stages to a Grade I or II determination, not one: consultation, then notification of an intention to grant. Here is how each works and what it costs in time.
A Grade I listed building application referral adds two separate stages to a determination, and practitioners routinely budget for only one. The first is consultation, where Historic England and in some cases the national amenity societies are asked for their views. The second is notification of an intention to grant, where the authority has to tell the Secretary of State what it proposes to do and then wait before issuing the decision. Both are set out in the Arrangements for Handling Heritage Applications Direction, most recently remade in 2021, and neither is discretionary.
For a listed building consent application on a Grade I or Grade II* building, assume the determination will take materially longer than eight weeks and agree an extension of time at validation rather than arguing about it later.
Which applications must be referred
The referral obligations divide by grade and by the nature of the works.
| Application | Referral or consultation |
|---|---|
| Listed building consent, Grade I or Grade II* | Historic England must be consulted on all works |
| Listed building consent, Grade II | Historic England consulted where works involve demolition of the building or a principal part of it |
| Planning permission affecting a Grade I or II* building or its setting | Historic England is a statutory consultee under the Development Management Procedure Order 2015 |
| Any listed building consent involving demolition | The national amenity societies are notified |
| Works affecting a scheduled monument or a registered park at the higher grades | Historic England consulted, with separate scheduled monument consent where applicable |
| Development in a conservation area above the size or height thresholds in the Order | Historic England consulted |
Two points cause confusion. The obligation attaches to the grade of the building, not to the scale of the works, so a Grade I building needs the referral for a minor internal alteration as much as for a wholesale conversion. And the planning limb and the listed building consent limb are separate, so a scheme requiring both will generate two consultations on overlapping material.
Check the Direction rather than the authority's summary. Authorities occasionally consult where they need not, and occasionally fail to consult where they must, and the second of those is a ground of challenge for an objector.
Historic England as consultee, and what it actually does
Historic England's response is advice. The decision remains the authority's, subject to the notification stage. Responses fall into a small number of shapes, and recognising which one you have received matters for the programme.
An offer of no objection, sometimes with detailed comments on the specification. An objection, with reasons tied to significance and to the statutory duties. A holding position, asking for further information before a view can be given. Or a statement that the application does not raise issues on which Historic England wishes to comment, delegating the judgement to the authority's own conservation adviser.
What earns a workable response is a clear account of significance and a clear account of harm. Historic England's advice on managing significance and on setting, and its advice note on statements of heritage significance, set out the structure it expects, and a Heritage Statement written to that structure is read differently from one that describes the building's history and then asserts that the proposal is acceptable.
Engage before submission on anything at Grade I or II*. Historic England offers pre-application advice, it is usually chargeable for larger schemes, and it is close to indispensable where the proposal involves loss of fabric.
The notification before grant, and the waiting period
This is the stage that surprises people. Where the authority is minded to grant listed building consent for works to a Grade I or Grade II* building, and in some other cases set out in the Direction, it must notify the Secretary of State of its intention and may not issue the decision until a stated period has passed or a response is received. The number of days is in the current Direction, so check it rather than assuming.
The practical effect is that a positive officer report and a committee resolution do not produce a decision notice. The file sits, the notification is made, and the decision follows. On a scheme with a funding deadline or a contractor mobilisation date, that gap has to be in the programme.
The period also gives the Secretary of State an opportunity to call the application in, which happens rarely and almost always where the case is contentious or sets a wider precedent. Where the authority proposes to refuse, the notification obligation does not arise, which is why refusals can be issued more quickly than approvals on the same building.
The national amenity societies and their remit
Where an application involves demolition, including partial demolition of internal structure, the authority notifies the six national amenity societies. Each has a period focus or a subject focus.
The Ancient Monuments Society covers buildings of all periods and types. The Society for the Protection of Ancient Buildings deals with older buildings and with repair philosophy. The Georgian Group, the Victorian Society and the Twentieth Century Society cover their respective periods. The Council for British Archaeology covers archaeological interest, including the archaeology of standing buildings.
They are volunteer-supported organisations with limited casework capacity, and they choose their cases. A society that comments will usually do so on a specific point, and its letter tends to be read carefully by officers and by inspectors because it comes from a specialist with no commercial interest in the outcome.
Approach them before submission on any scheme involving loss of significant fabric. A society shown the proposal, with a proper photographic record and a clear statement of what is being retained, will often confine itself to detail. One that meets the scheme for the first time as a public consultation notice may not.
Responding to a holding objection
A holding objection is a request, not a refusal, and the response determines how long the application takes.
- Read the objection for what is actually being asked. The requests are usually specific, such as an opening-up investigation, a structural justification for a proposed removal, or a recording proposal.
- Establish whether the request can be met within the application or needs to become a condition. Opening-up works on a listed building may themselves require consent.
- Answer in a single addendum rather than a series of emails, with revised drawings where the design has changed.
- Ask the case officer to re-consult formally, so that the response is on the file and the objection can be withdrawn on the record.
- Where the objection cannot be met, say so and explain why, then make the harm case properly under the applicable policy test. Our note on substantial harm and the justification test covers where that argument goes.
- Update the Historic Building Recording proposal if the extent of loss has changed, since the recording level follows the significance of what is going.
The mistake is treating the objection as a negotiation about the conclusion rather than as a request for evidence. Most holding objections on well-designed schemes are resolved by supplying the evidence that was missing.
Where the Secretary of State can intervene
Three routes exist. A call-in of the application for the Secretary of State's own determination. A direction restricting the grant of permission. And, on appeal, recovery of the appeal for the Secretary of State's decision rather than an inspector's.
All three are uncommon, and none should be planned for. What matters for a practitioner is that the possibility exists and that the notification period is the point at which it is exercised, which is a further reason to keep the client's expectations about the decision date conservative.
Programming around referral
Build the sequence backwards from the date the client needs the decision. Pre-application advice from Historic England, allowing for its own response times. Preparation of the heritage evidence, including any opening-up that itself needs consent. Submission and validation, with an extension of time agreed at the outset. Consultation, which runs at least 21 days and often longer for a substantial scheme. Officer report and either delegated decision or committee. Then notification and the waiting period before the decision is issued.
The statutory duties that all of this serves are set out in our note on sections 66 and 72, and the assessment approach for work inside a listed building in our note on internal alterations that harm significance.
One honest caveat. Consultation periods and response times vary with caseload, and there is no enforceable deadline for a consultee response, so any programme is an estimate rather than a commitment.
This is general guidance, not legal advice; check the current Direction and the position with your local planning authority or a qualified professional before relying on it. PlanScope provides AI-assisted draft reports for planning applications. Reports should be reviewed before submission. We do not guarantee planning approval.
Draft a Heritage Statement on PlanScope and send it for professional review before you engage Historic England.
Frequently asked questions
Which listed building applications must be referred to Historic England?
All works to a Grade I or Grade II building require consultation under the Arrangements for Handling Heritage Applications Direction. For Grade II buildings, consultation is required where the works involve demolition of the building or a principal part of it. Separate duties apply to scheduled monuments, registered parks at the higher grades and larger conservation area schemes.
Why can a decision not be issued straight after committee?
Because where the authority is minded to grant consent for works to a Grade I or Grade II building it must first notify the Secretary of State of that intention and wait for a period set out in the Direction. A positive resolution does not produce a decision notice until that period has passed or a response is received.
Does the referral apply to minor internal works?
Yes, for Grade I and Grade II buildings. The obligation attaches to the grade of the building rather than to the scale of the works, so a small internal alteration to a Grade I building triggers the same consultation as a major conversion. Budget the programme accordingly, even for modest applications.
Which amenity societies get notified and when?
The six national amenity societies are notified where an application involves demolition, including partial demolition of internal structure. They are the Ancient Monuments Society, the Society for the Protection of Ancient Buildings, the Georgian Group, the Victorian Society, the Twentieth Century Society and the Council for British Archaeology.
How should a holding objection be answered?
Treat it as a request for evidence rather than as a negotiation about the conclusion. Identify precisely what is being asked, decide whether it can be supplied within the application or must become a condition, answer in a single addendum with revised drawings, and ask the case officer to re-consult formally so the position is recorded.
Sources and further reading
This article is general guidance about the planning system in England and, where stated, the rest of the UK. It is not legal or professional advice. Check your local planning authority’s validation requirements and take professional advice for your specific site.