MYTH 2 : HISTORIC ENGLAND MAKES THE FINAL DECISION IN ANY LISTED BUILDING CONSENT APPLICATION
This is a general misperception, often applying to professionals as well as home owners. All Listed Building Consent applications have to be submitted to the Local Authority for consideration, whatever the grade of the building or structure concerned, with a dwindling number of Conservation Officers usually undertaking the assessment.
For applications concerning Grade II buildings there is no statutory requirement to consult wider so this is usually relatively straightforward, although, as with planning permission, the Secretary of State can call in the decision for their determination where the Local Authority indicates it is likely to grant it.
For Grade II* and Grade I buildings, Historic England have to be consulted, often along with other relevant parties or societies.
This will normally be undertaken within the usual eight week process, with their views being considered as part of the assessment, but it is the Local Authority who will make the final decision.
There is always a right of appeal, which should be made to the Planning Inspectorate. Again, where the issues are considered of national significance, they can again be called in by the Secretary of State.
In either case, these decisions are final and can only be challenged on the grounds of legal validity.