Refreshed and updated guidance has been issued on requests to review listing decisions made by the Secretary of State for Digital, Culture, Media and Sport (DCMS).
… applies to decisions to add to, not to….to delete….or not….from the statutory list…
DCMS writes in its ‘Guidance document’, with Historic England:
Requests may be made to review listing decisions made by the Secretary of State for Digital, Culture, Media and Sport (DCMS). This applies to decisions to add to, not to add to, to delete from or not to delete from the statutory list of buildings of special architectural or historic interest. Requests for amendments to existing list entries should be directed to Historic England in the first instance: https://historicengland.org.uk/listing/apply-for-listing/
Please read these notes carefully before completing the Review Request Form.
General information when requesting a listing review
- The review process allows requests to overturn a listing decision only when there is significant evidence to indicate that a decision has been wrongly made.
- The Secretary of State’s published policy allows a period of 28 consecutive days from the date of the decision letter from Historic England in which a review may be requested. A review request must be received by the Department within that 28 day period preferably by email on the Department’s Review Request Form. The Department does not extend this deadline except in 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 Department will not accept any additional documentation submitted after the 28 day period.
- When making a decision on listing, the Secretary of State is restricted by the Planning (Listed Buildings and Conservation Areas) Act 1990 to consider only the architectural and historic interest of a building. Factors such as the cost of upkeep/repair of listed buildings, planning considerations and local importance, cannot be taken into account. Evidence previously considered will not on its own be sufficient to trigger a review. The Secretary of State is also unable to conduct a review if you merely disagree with Historic England’s advice but do not provide new supporting evidence.
- It is important to note that, unless or until the original decision is overturned, the original decision stands….
See background
