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Planning consideration

Certificate of immunity

A guarantee that a building or buildings will not be newly listed or given a building preservation notice for the next 5 years

Design stage
Research
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Synonyms
No synonyms added
Legislation
Expected number of records
Unknown
Frequency of updates
Fortnightly
Useful links
Technical specification
No specification added

Background information

Each planning consideration we work on passes through the stages of our design process, where we research and answer specific questions to help us collect more information.

Backlog

  • Who asked for 'Certificate of immunity' data?

    This dataset is closely linked with the Listed building dataset (a constraint for PlanX), and so this was identified as a dataset likely to add quick value to the platform.

  • What is the driver for the request?

    Existing planning requirement

  • Which 2024 focus area does the request support?

    • Modern planning software

Screen

  • What is the 'Certificate of immunity' consideration?

    A guarantee that a building or buildings will not be newly listed or given a building preservation notice for the next 5 years.

  • Is there legislation that defines 'Certificate of immunity'?

    Yes

    • What is the legislation that defines 'Certificate of immunity'?

      Planning (Listed Buildings and Conservation Areas) Act 1990, Section 6 - “Issue of certificate that building not intended to be listed”

      “The Secretary of State may, on the application of any person, issue a certificate stating that the Secretary of State does not intend to list a building situated in England.] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The issue of [a certificate under subsection (A1).] in respect of a building shall— preclude the Secretary of State for a period of 5 years from the date of issue from exercising in relation to that building any of the powers conferred on him by section 1; and preclude the local planning authority for that period from serving a building preservation notice in relation to it.”

    • What is the specific part of the legislation that describes how a 'Certificate of immunity' gets designated?

      Planning (Listed Buildings and Conservation Areas) Act 1990, Section 6 - “The Secretary of State may, on the application of any person, issue a certificate stating that the Secretary of State does not intend to list a building situated in England.”

      Enterprise and Regulatory Reform Act 2013, Explanatory Note 438 - “a COI can be applied for at any time for a building situated in England.”

    • What is the specific part of the legislation that requires the publication of 'Certificate of immunity'?

      There is no legislation which requires the publication of this data.

  • Who, in law, is responsible for the planning consideration or makes decisions about 'Certificate of immunity'?

    SoS DCMS

  • Which organisations do we think should publish the data?

    • Historic England

  • Is the Certificate of immunity a trigger?

    Yes

    • What needs to be done because Certificate of immunity has acted as the trigger?

      Further research is required to pinpoint what certificates of immunity might trigger. Initial research points towards it not triggering anything.

  • Is the Certificate of immunity something to consult during plan making?

    Yes

    • Provide information about when Certificate of immunity is used during plan making

      Further research is required to assess what certificates of immunity might help consult.

  • Is there any Certificate of immunity data already available?

    Yes

  • Do we think the data should come from a single source?

    N / A

  • Will a data standard be required?

    No

Research

  • Do we understand the lifecycle of a Certificate of immunity?

    Yes

    • Document a stage of the high-level lifecycle of a Certificate of immunity

      • Item 1

        name
        Application
        actors
        Applicant
        impact
        output
        Application for a COI
        description

      • Item 2

        name
        Decision
        actors
        SoS DCMS
        impact
        The building is exempt from listing for 5 years OR the building is typically listed
        output
        COI
        description

      • Item 3

        name
        COI expires
        actors
        impact
        The COI attached to the building expires, the building is available for listing, or a further COI
        output
        description

  • Do we understand how the data is created/produced?

    We do not know how HE produces the data, but our expectation would be that they:

    • used the information contained in the application to place a point
    • used OS basemap data to help accurately produce the polygons

  • Where will or should the data be used?

    COI data will be used by LPAs to inform the completion of local plans, as a COI inhibits the LPA from applying for a property to get listed; and homeowners (both prospective and current) to assess the viability of renovation / development.

    • Listed buildings
    • Building preservation notices

  • Who are the statutory consultees for Certificate of immunity?

  • Other than the statutory consultees who are the primary users of Certificate of immunity? How do we expect them to use Certificate of immunity?

  • What are the planning needs for this data?

  • Who are the types of users who might benefit from having access to Certificate of immunity data?

  • What are some potential uses of Certificate of immunity data?

  • What's the value of adding Certificate of immunity data to the platform?

  • From what we have learnt so far are there any risks to making Certificate of immunity data available?

    N / A

2 updates

  • Colm Britton (29 January 2025)

    It is an application people complete. The application is assessed by Historic England and the decision is issued by the Secretary of State for Culture, Media and Sport. Apply directly to Historic England

  • Kieran Wint (05 September 2024)

    As per some FAQs published by Historic England, this data is updated on a fortnightly basis.

Last updated: 2025-01-29 08:42:26