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This file is The Crown Estate Guidelines and Standard Specification (7th Edition, January 2014), a comprehensive architectural and conservation standards document for properties within the Crown Estate's management, including Regent's Park, Kensington Palace Gardens, and St. James's Estate in London.

The document establishes mandatory conservation and renovation standards for lessees undertaking work on listed buildings and historic properties under Crown Estate ownership. Key requirements include: all materials and workmanship must comply with BS8000 and current British Standards; repairs must employ conservation-accredited architects (AABC qualified or equivalent RIBA/RICS accreditation) with extensive listed building experience; structural alterations require assessment by conservation-accredited structural engineers; and all work requires prior written approval from Crown Estate Conservation Consultants (Purcell) before commencement. The specification mandates preservation of original architectural features, use of matching historic materials (lime mortar for brickwork, natural stone for repairs, Welsh slate for roofs, crown glass for windows), and prohibition of double glazing on existing elevations. Detailed technical requirements cover brickwork repointing with analyzed original mortar composition, timber repairs following SPAB guidelines, retention of original plasterwork and cornices, leadwork repair protocols, chimney piece preservation, and staged external decorations synchronized across terraces. Administrative requirements include submission of measured drawings, heritage impact assessments, photographic records in triplicate, as-built documentation, and monitoring by Crown Estate Conservation Consultants with fees recoverable from lessees. The document emphasizes that lessees bear all costs, must obtain listed building consent and planning permission before work commences, comply with Building Regulations and Party Wall Act procedures, and maintain insurance coverage with minimum contractor third-party liability of £10,000,000.

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THE CROWN ESTATE

GUIDELINES AND STANDARD SPECIFICATION TO ARCHITECTS FOR THE

REGENT’S PARK, KENSINGTON PALACE GARDENS, ST. JAMES’S,

PALL MALL SOUTH, HAYMARKET AND LOWER REGENT STREET

RESIDENTIAL AND COMMERCIAL ESTATES

SEVENTH EDITION

January 2014

THE CROWN ESTATE SPECIFICATION - EDITION 7

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THE CROWN ESTATE STANDARD GUIDELINES AND SPECIFICATION – 7TH EDITION

PURCELL

15 Bermondsey Square, Tower Bridge Road, London, SE1 3UN chris.betts@purcelluk.com www.purcelluk.com

All rights in this work are reserved. No part of this work may be reproduced, stored or transmitted in any form or by any means (including without limitation by photocopying or placing on a website) without the prior permission in writing of Purcell except in accordance with the provisions of the Copyright, Designs and Patents Act 1988. Applications for permission to reproduce any part of this work should be addressed to Purcell at info@purcelluk.com.

Undertaking any unauthorised act in relation to this work may result in a civil claim for damages and/or criminal prosecution. Any materials used in this work which are subject to third party copyright have been reproduced under licence from the copyright owner except in the case of works of unknown authorship as defined by the Copyright, Designs and Patents Act 1988. Any person wishing to assert rights in relation to works which have been reproduced as works of unknown authorship should contact Purcell at info@purcelluk.com.

Purcell asserts its moral rights to be identified as the author of this work under the Copyright, Designs and Patents Act 1988.

Purcell® is the trading name of Purcell Miller Tritton LLP.

© Purcell 2013

THE CROWN ESTATE SPECIFICATION EDITION 7

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GUIDELINES TO ARCHITECTS

1.0 INTRODUCTION

THE REGENT’S PARK ESTATE

THE KENSINGTON PALACE GARDENS ESTATE

ST JAMES’ ESTATE

THE PURPOSE OF CONSERVATION

LISTED BUILDING LEGISLATION

WHAT IS PROTECTED UNDER THE LEGISLATION

STATUTE, REGULATIONS AND PROCEDURE REGARDING WORK TO LISTED

BUILDINGS

SEEKING LISTED BUILDING CONSENT

DURING AND AFTER THE WORKS

STATUTORY REQUIREMENTS

ACTS AND BYELAWS

RIGHTS OF ACCESS

INSURANCE

2.0 THE CROWN ESTATE’S REQUIREMENTS

HOW THE CROWN ESTATE’S SYSTEM OPERATES

CONSERVATION AND INTERVENTION

REPAIRS

THE CONSERVATION SCHEDULE

VARIATIONS

COSTS

SAMPLES OF MATERIALS

RIGHT OF ACCESS

MATTERS ARISING OR QUERIES

CONTRACT REQUIREMENTS ETC.

MONITORING OF THE BUILDING WORKS

3.0 STANDARD BRIEF

GENERAL

GENERAL REQUIREMENTS

PHOTOGRAPHIC RECORDS

DRAWINGS REQUIRED

THE CROWN ESTATE SPECIFICATION

FORM OF CONTRACT

DELETERIOUS MATERIALS

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4.0 DESIGN PRINCIPLES

OVERALL DESIGN

THE SITE

STRUCTURAL REPAIRS SECTION C35

BRICKWORK REPAIRS SECTION C40, F10

CHEMICAL DPCS SECTION C45

STONE REPAIRS SECTIONS C41, F21

RENDER REPAIRS SECTION C44

PLASTERWORK REPAIRS SECTIONS C47, M20

REPAIRING METALWORK SECTION C48

REPAIRING TIMBER SECTION C50

REPAIRING JOINERY SECTION C51

FUNGUS AND BEETLE ERADICATION SECTION C52

CLEANING AND REPAIRING FIREPLACES SECTION C53

ACCESSORIES FOR BRICKWORK SECTION F30

NATURAL SLATING SECTION H62

LEADWORK SECTION H71

ASPHALT ROOFING SECTION J21

WINDOWS SECTION L10

DOORS SECTION L20

GENERAL GLAZING SECTION L40

PLASTER AND RENDER SECTION M20

STONE AND CERAMIC TILING SECTION M40

DECORATIONS SECTION M60

FIXTURES AND FITTINGS SECTION N13

INSULATION SECTION P10

PAVINGS AND EXTERNAL FEATURES SECTION Q25

RAINWATER PIPEWORK SECTION R10

DRAINAGE ABOVE AND BELOW GROUND SECTIONS R11, R12

HEATING AND HOT WATER INSTALLATIONS SECTION T32

ELECTRICAL SERVICES SECTION V90

SECURITY INSTALLATIONS SECTION V

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MAIN CONTRACT PRELIMINARIES AND GENERAL CONDITIONS

A10 PARTICULARS OF THE CROWN ESTATE

A12 THE SITE / EXISTING BUILDINGS

A20 THE CONTRACT

A30 TENDERING / SUB-LETTING

A31 PROVISION, CONTENT & USE OF DOCUMENTS

A32 MANAGEMENT OF THE WORKS

A33 QUALITY STANDARDS / CONTROL

A34 SECURITY / SAFETY / PROTECTION

A35 SPECIFIC LIMITATIONS ON METHOD / SEQUENCE / TIMING

A36 FACILITIES / TEMPORARY WORKS / SERVICES

A37 OPERATION/MAINTENANCE OF FINISHED BUILDINGS

DEMOLITION/ALTERATION

C20 DEMOLISHING STRUCTURES

CONSERVATION

C30 SHORING AND SUPPORTS

C35 STRUCTURAL REPAIRS

C40 CLEANING AND REPAIRING BRICKWORK

C41 CLEANING AND REPAIRING STONEWORK

C41 CLEANING AND REPAIRING TERRACOTTA

C45 CHEMICAL DPC’S TO EXISTING WALLS

C44 REPAIRING RENDER

C47 REPAIRING PLASTERWORK

C48 REPAIRING AND RENOVATING METAL

C49 RENOVATING AND REINSTATING LEAD ROOFING

C50 REPAIRING TIMBER

C51 CLEANING AND REPAIRING JOINERY

C52 FUNGUS/BEETLE ERADICATION

C53 CLEANING AND REPAIRING FIREPLACES

EXCAVATION

D20 EXCAVATING AND FILLING

CONCRETE

E05 INSITU CONCRETE CONSTRUCTION GENERALLY

E10 INSITU CONCRETE MIXES, CASTING AND CURING

E20 FORMWORK FOR INSITU CONCRETE

E30 REINFORCEMENT FOR INSITU CONCRETE

MASONRY

F10 BRICK AND BLOCK WALLING

F21 NATURAL STONE, ASHLAR WALLING AND DRESSINGS

F30 ACCESSORIES AND SUNDRY ITEMS FOR BRICK, BLOCK & STONE WALLING

STRUCTURAL FRAMING

G12 ISOLATED STRUCTURAL METAL MEMBERS

G20 CARPENTRY/TIMBER FRAMING/FIRST FIXING

CLADDING AND COVERING

H62 NATURAL SLATING

H71 LEAD SHEET COVERINGS AND FLASHINGS

WATERPROOFING

J21 MASTIC ASPHALT ROOFING/FINISHES

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WINDOWS, DOORS AND STAIRS

L10 TIMBER WINDOWS, ROOFLIGHTS, SCREENS AND LOUVRES

L20 TIMBER DOORS AND HATCHES

L30 TIMBER STAIRS, GALLERIES AND BALUSTRADES

L32 STONE STAIRS

L40 GENERAL GLAZING

SURFACE FINISHES

M10 CEMENT:SAND, CONCRETE SCREEDS AND TOPPINGS

M20 PLASTERED AND RENDERED COATINGS

M30 METAL MESH LATHING ETC. FOR PLASTERED COATINGS

M40 STONE QUARRY CERAMIC TILING AND SHEETING

M51 EDGE FIXED CARPETING

M52 DECORATIVE PAPERS AND FABRICS

M60 PAINTING AND CLEAR FINISHING

FURNITURE AND EQUIPMENT

N10 GENERAL FIXTURES, FURNISHINGS AND EQUIPMENT

N13 SANITARY APPLIANCES AND FITTINGS

BUILDING FABRIC SUNDRIES

P10 SUNDRY INSULATION, PROOFING WORKS AND FIRE STOPS

P20 UNFRAMED ISOLATED TRIMS, SKIRTINGS AND SUNDRY ITEMS

P21 IRONMONGERY

P31 HOLES/CHASES/COVERS/SUPPORTS FOR SERVICES

PAVING, PLANTING, FENCING AND SITE FURNITURE

Q20 GRANULAR SUB-BASES TO PAVINGS

Q25 SLAB, BRICK, BLOCK AND COBBLE PAVINGS

DISPOSAL SYSTEMS

R10 RAINWATER PIPEWORK AND GUTTERS

R11 FOUL DRAINAGE ABOVE GROUND

R12 DRAINAGE BELOW GROUND

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PIPED SERVICES

S12 HOT AND COLD WATER

T32 LOW TEMPERATURE HOT WATER HEATING

V90 GENERAL POWER AND LIGHTING

BUILDING FABRIC REFERENCE SPECIFICATION

Z10 PURPOSE MADE JOINERY

Z11 PURPOSES MADE METALWORK

Z12 PRESERVATIVE/FIRE RETARDANT TREATMENT

Z20 FIXINGS, ADHESIVES

Z21 MORTARS

Z22 SEALANTS

APPENDIX A - RESPONSIBLE PROCUREMENT POLICY

APPENDIX B - TIMBER PROCUREMENT POLICY

APPENDIX C - KENSINGTON PALACE GARDENS/PALACE GREEN - SITE

WORKING GUIDANCE NOTES

APPENDIX D - REGENT’S PARK – CEPC WORKING GUIDANCE NOTES

GUIDELINES AND STANDARD SPECIFICATION

SEVENTH EDITION - JANUARY 2014

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GUIDELINES TO ARCHITECTS

1.0 INTRODUCTION

1.1 The Regent’s Park Estate

1.1.1 The Regent’s Park Estate was built in the 1820s and 1830s as a speculative development by the Prince Regent, later George IV. The masterplan was drawn up by John Nash, who had overall control of the facades of the buildings. Building leases were then sold to developers in blocks, sometimes not a complete terrace, who built the houses to the agreed appearance, but with the construction and interiors to their own designs. The developers then had the benefit of the rents from their tenants for the period of the lease, after which the land and the buildings upon it reverted to the Crown.

1.1.2 Most of the properties in the Crown Estate’s Regent’s Park Estate were surveyed after the 1939-45 war and found to be in a sorry state. An extensive enquiry was carried out into the viability of retaining each Terrace and Villa, and the results published as the Gorell Report in 1947. Major refurbishment schemes commenced on a gradual basis, and the houses began to be let on twenty year leases. The regular cycle of exterior painting was reinstated, and a programme of conservation was instituted. This gradually developed into the system of Schedules of Minimum Requirements, last revised in 1991, and designed to deal with much longer leases, and more recently Conservation Schedules, for each property. The changes in the leasehold legislation have led to some terms running even longer and prompted this revision of the guidelines and specifications.

1.2 The Kensington Palace Gardens Estate

1.2.1 The early architectural development of Kensington Palace Gardens signalled a departure from previous crown development at Regent’s Park insofar as the houses were always planned as single semi-detached villas, rather than composed as palace-fronted terraces. The prevailing architectural style in the early development of the street up to about 1865 is Italianate, enlivened here and there with some more surprising and exotic Moorish or Gothic elements.

1.2.2 A more notable architectural departure came with the building of No.1 Palace Green at the southern end of the street in 1869. Philip Webb, architect of this house, was a pioneer of the Arts and Crafts Movement, and reacted strongly against the stucco and Italianate tradition. Built in red brick with few stylistic references to classical architecture, his design was built only after a considerable battle, and some compromising with the Estate's architectural adviser.

1.2.3 Next door to this, No.2 Palace Green was built as the residence of the novelist

William Makepeace Thackeray, author of 'Vanity Fair'. The house is noteworthy as an early (1860-2) example of the Queen Anne revival in English architecture.

1.2.4 The plane trees which are now such a feature of the street were planted at the request of the residents, 'so as to give an appearance of a Boulevard to the Gardens'.

After early resistance, The Crown Estate agreed to the planting, provided it was done at the residents' expense, and that they undertook future maintenance. Twenty five plane trees were planted on each side of the street in 1870, between the southern

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entrance gates and nos 15/15A. Those to the north were planted by the residents nine years later.

1.2.5 Queen Victoria opposed the building of houses opposite the Palace, and so it was only with her death in 1901 and the more accommodating views of Edward VII that the building of the houses at Nos. 4-10 Palace Green became possible. They too turn their back on the stucco and Italianate architecture of the early development of the street and are handsome, solid Edwardian structures of red brick with Portland stone dressings.

1.2.6 Several houses in the street were lost to redevelopment in the 1960s, the loss of

No.3 Palace Green (the only building in the street which had survived from the time of the early days of Kensington Palace) and of Owen Jones's Moorish design at no 8 Kensington Palace Gardens being particularly regrettable. About the same time the sites of nos 25 and 26 at the top end of the street were cleared to make way for the new Czechoslovak Embassy (now divided between the Czech and Slovak republics).

In 1969 properties in the street began to be listed for their architectural and historic interest, and since that time no historic buildings have been lost.

1.3 The St.James’s Estate

1.3.1 The area bordered by The Mall, Piccadilly, St James Park and Haymarket broadly delineates the area which covers the St James Estate. This includes Pall Mall, Lower Regent Street and St James Street as the principal thoroughfares, and these are also the main streets of character which define this historic area. St James Square and the properties bordering it were granted freehold status from the Crown in 1665, and so is now excluded.

1.3.2 Facing up St James Street is Henry VIII's St James Palace and, alongside, the Chapel

Royal. There were a number of grand mansions constructed along Pall Mall, including Schomberg House (late 17th century, but now just the facade remains), and Cumberland House (designed by Brettingham and Adam) and Buckingham House (Soane) and Carlton House (occupied by the Prince Regent) - all now demolished.

John Nash's great scheme for the Prince Regent which created a grand processional route from Regent's Park to the Mall, and thence to the newly acquired Buckingham Palace, affected the eastern end of the area significantly, creating grand architecture lining Lower Regent Street (all now gone but for the Athanaeum and the former Oxford and Cambridge Club, and the two set pieces comprising Carlton House Terrace either side of the Duke of York Steps which face the Mall).

1.3.3 The National Gallery and the Royal Academy both had an early presence here, and this set the scene for the area's long association with the Arts, including too the theatre (the Theatre Royal Haymarket was designed by Nash) and the first commercial shopping arcade (the Royal Arcade, also by Nash).

1.3.4 The nineteenth century also saw the area become fashionable for upper class men to join the Gentlemen's Clubs which sprang up in profusion along Pall Mall and St James Street, including the Athanaeum and the Oxford and Cambridge (now the Institute of Directors), the Reform and the Travellers (both designed by Charles Barry), the Army and Navy, the United Services, and the Carlton, and from the 20th century the

RAC.

1.3.5 Carlton House Terrace and Carlton Gardens now predominantly house learned societies (such as the Royal Society, the ICA and the British Academy) and government associated uses, as well as some residential.

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1.3.6 Architectural styles vary enormously, from red brick (Tudor) through to stucco classical (the Nash period) and Stone classical (the mid 19th century clubs and later) and Edwardian Portland Stone Baroque (the commercial properties along Regent Street).

1.4 The Purpose of Conservation

1.4.1 Under The Crown Estate Act 1961, the Commissioners are bound not only to ensure that the properties are kept in good order to maintain their value, but also to conserve the historic buildings in their keeping. There are many reasons for conserving a building or group of buildings, but the principal ones can be set down as intrinsic aesthetic value, historical associations, contribution to the wider heritage context, value to communities, innovative construction or function, or what has been described as ‘scenic usefulness’. In protecting and conserving the evidence of the history embodied in the building, the continuity of the cultural heritage is maintained to pass on to future generations.

1.5 Listed Building Legislation

1.5.1 Legislation protecting historic buildings in England has evolved over the past hundred years, initially taking ancient monuments into care and then gradually setting up a system – outlined in the Planning (Listed Buildings and Conservation Areas) Act 1990

– for drawing up comprehensive lists of buildings thought worthy of preservation because of their architectural or historic interest, age or rarity. Demolition of, or alterations to, any building on these lists must have consent from the Local Authority.

1.5.2 The National Planning Policy Framework (NPPF), the government’s official policy regarding planning, outlines several important contributions to the historic built environment as “Heritage Assets” and requires that the history and significance of heritage assets as well as the impact of any proposals on these assets is fully understood prior to application. Heritage Assets are defined in the NPPF as “a building, monument, site, place, area or landscape identified as having a degree of significance meriting consideration in planning decisions, because of its heritage interest.

Heritage asset includes designated heritage assets and assets identified by the local planning authority (including local listing)”. These are typically considered to include (but not be limited to): listed buildings, conservation areas, locally listed buildings and registered parks and gardens.

1.5.3 Local authorities often hold their own list of buildings which are considered to be of local merit although they are not statutorily listed. These are typically called “Local Lists” and any building included should be subject to consultation with the local authority. Conservation areas, too, have been designated where individual buildings are not necessarily listed, but demolition or any alteration which will affect the character of the area must have consent. This applies to independent mews cottages, for example, and more modern buildings.

1.5.4 Prior to proposing any alterations, extensions or demolitions to heritage assets (or affecting the setting of heritage assets), suitable professional advice should be sought for the completion of a Heritage Statement or Historic Building Appraisal (HBA).

These documents are based on historic research and on-site investigations and help to provide an understanding of what makes a heritage asset significant as well as detailing what areas, elements and features of a site should be retained or alternatively, are able to be altered. These investigations should form the basis for any proposals for change.

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1.5.5 A listed building is one that is included in the list of buildings of special architectural and historic interest compiled by the Secretary of State for Culture, Media and Sport and maintained by English Heritage. There are three grades of listed building: Grade I, Grade II* and Grade II. Listed building control applies to all three grades.

1.5.6 Listed Building Consent is the means by which change to listed buildings is controlled to ensure that their special architectural and historic interest is not harmed. Section 7 of the Planning (Listed Buildings and Conservation Areas) Act 1990 requires that Listed Building Consent is obtained for the demolition of a listed building and for any works of alteration or extension which could affect its character as a building of special architectural or historic merit.

1.5.7 Listed Building Consent is not normally needed for routine maintenance that uses the same materials and techniques as the original work, and does not involve an alteration that affects the special architectural and historic interest of the building.

However, work that could be conserved as straightforward maintenance or repair, such as cleaning, repainting or replacing windows, may in fact affect the character of a listed building and require Listed Building Consent. Similarly, repairs that seem not to affect the visual appearance of a listed building can cause significant damage to its fabric and structure by introducing different physical conditions that the building has not been designed or constructed to accommodate.

1.5.8 Section 9 of the Planning (Listed Buildings and Conservation Areas) Act 1990 makes it a criminal offence to carry out repairs or alterations that affect the special architectural and historic interest of the listed building, or to demolish the listed building without Listed Building Consent. Those who contravene the Act in this way may be liable to prosecution and may be served with a Listed Building Enforcement Notice requiring any damage caused by unauthorised work to be made good, and the building resorted to its former state. Contravention of the Act can also lead to heavy fines and imprisonment.

1.5.9 Applications for Listed Building Consent are made to the planning department of the local authority in whose area the listed building is located. The local authority will make the application available for comment by local amenity groups and the public, and possibly the national amenity groups who are statutory consultees in respect of certain types of application. These groups include (but are not limited to) the Georgian Group, Victorian Society and Twentieth Century Society. Comments and views from all stakeholders are taken into account by the local planning authority when deciding whether or not to grant consent. Decisions by local authorities regarding consent should normally be made within eight weeks, but the process may take longer if the proposals are large or complex. In coming to a decision on an application, the local authority will have regard to the guidance contained in the NPPF. This will particularly refer to Section 12: Conserving and Enhancing the Historic Environment. It will also refer to its own polices and guidance, contained within the authority’s own Local Plan (or equivalent) and Supplementary Planning Guidance

(SPG).

1.5.10 As part of a Listed Building Consent application, a Heritage Impact Assessment (HIA) should be provided. This uses baseline information obtained as part of the preparation of a Heritage Impact Assessment or Heritage Statement during the early stages of design (as outlined in point 1.5). This meets the requirements of the NPPF, which recommend that the impact of change on heritage assets should be assessed.

An HIA will also be in line with the requirements of Local Authorities.

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1.6 What is Protected under the Legislation

1.6.1 The Regent’s Park Terraces are mostly listed Grade I, the highest grade, with a few subsidiary buildings and outer Terraces listed Grade II* or II. The railings, lampposts and other miscellaneous items are also listed in their own right, usually Grade II.

Many of the designations are for the Group Value, meaning that the consistency of the Terrace is the most important factor. It is for this reason that the external painting of all buildings in the Park takes place in a designated year, not on a cycle for individual buildings.

1.6.2 Many of the buildings in Kensington Palace Gardens and the Commercial Estates are also listed. The list status of individual properties should be checked via the Local Authority, who retain a record of listed properties, at the time of purchase or prior to alteration works being carried out.

1.6.3 Many of the lessees assume that only the facades are listed, or that items not specifically mentioned in the listing details are not covered. This is not, however, the case, and a listing description for any building or structures includes all internal spaces and features.

1.6.4 Some structures which are not included within a building listing may be considered to be within the building’s curtilage. Any buildings, structure or objects considered to be within the curtilage of a listed property are subject to the legislation of that listing.

There is outline guidance for what structures are within the curtilage, for example: if an object is fixed to the principal building in such a way that it is considered a fixture;

structures fixed to the building which was ancillary in its use at the time of listing; pre- 1948 structures within the vicinity of the site and of ancillary purpose. Given that the determination of curtilage can sometimes be unclear, it should be determined on a case-by-case basis and when any doubt is presented the Local Planning Authority should be consulted.

1.7 Statute, Regulation and Procedure Regarding Work to Listed Buildings

1.7.1 The Crown Estate’s system of control over what happens to its historic buildings is consistent with the guidance contained in The National Planning Policy Framework (NPPF). It is therefore an important point of reference for those considering change to listed buildings on The Crown Estate, and its guidance should be used when designing proposals. However, The Crown Estate isn’t bound by The NPPF when it comes to deciding what is acceptable in terms of its buildings, and will judge in each case what is best for the listed building and what it requires of proposals for change.

1.7.2 S. 57 of the Town and Country Planning Act 1990 requires that planning permission be obtained in order to carry out various types of development. This includes many types of work to listed buildings, for which Listed Building Consent is also required. A proposal for a listed building may therefore require both planning permission and Listed Building Consent. The Town and Country Planning (General Permitted Development) Order 1995 (as amended) sets out the types of development that do not require planning permission.

1.7.3 S.74 of the Planning (Listed Buildings and Conservation Areas) Act 1990 controls the demolition of unlisted buildings in conservations areas (defined as ‘areas of special architectural or historic interest the character or appearance of which it is desirable

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to preserve or enhance’ by S.69 of the Act). Conservation Area Consent is required for such demolition.

1.7.4 S.5 of the Town and Country Planning (Control of Advertisements) Regulations 1992 regulates the display of advertisements. This includes signage to shops and businesses as well as banners and posters.

1.7.5 English Heritage has a statutory role in the planning process as defined in the DCLG

Circular 08/2009. ‘Arrangements for handling heritage applications’ sets out the types of application for planning permission, Listed Building Consent and Conservation Area Consent that must be notified to English Heritage. The criteria for notification of applications of various types include: whether the building is listed or not, the grade of a listed building, whether it is within or outside a conservation area, and the scale and nature of the proposed works. Where a London Borough is required to notify English Heritage of applications for Listed Building Consent, S.14 of the Planning (Listed Buildings and Conservation Areas) Act 1990 prevents the London Borough from granting Listed Building Consent without the authorisation of English Heritage.

1.7.6 Applicants for listed building consent must be able to justify their proposals. They will need to show why works which would affect the character of a listed building are desirable or necessary. They should provide the local planning authority with full information, to enable them to assess the likely impact of their proposals on the special architectural or historic interest of the building and on its setting’. This means that applications for Listed Building Consent need to be accompanied by a detailed description, in drawings and words, of the proposed works.

1.7.7 The best way to ensure that proposals are properly prepared for submission to the local authority is to employ an architect or surveyor with the appropriate skill and experience in work to listed buildings. This person can advise on how to consider changes to the listed building so that they will not damage the special architectural and historic interest of the building. If such changes are likely to be acceptable in principle, then this person can prepare an application for approval in a manner likely to receive Listed Building Consent.

1.7.8 All work must be carried out as specified in the approved plans and drawings and in the Consent. The Consent will normally have certain conditions attached. Some of these will require the submission of further, more detailed information before work starts. If works are not commenced, Consent normally lapses three years after approval. If Listed Building Consent is refused, or conditions are imposed, owners have the right to appeal to the Planning Inspectorate. There is usually a time limitation on when appeals can be made.

1.7.9 Where possible, proposals for change should be discussed with the local authority’s conservation officer at as early a stage as possible. The proposals should be described in as much detail as possible. At the very least, the following should be provided:

A written description of the proposals

Photographs of the existing situation

A plan showing the location of the proposals

Sketches giving an idea of the nature of the proposals

Heritage Statement or HBA (as outlined under point 1.5.4) in the early stages of the design process

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Heritage Impact Assessment (as outlined under point 1.5.10) for inclusion with an application

1.8 Seeking Listed Building Consent

1.8.1 Applications for listed building consent are made on a form that may be obtained from the offices of the local authority’s planning department. Forms can frequently be obtained online from the local authority’s web site

1.8.2 Applicants are required to submit a certificate of ownership. The application should include a plan of the location which clearly identifies the building or site and its setting, a description of the proposed works, indicating how they relate to the building or site and its setting, detailed and clearly labelled ‘before and after’ drawings and photographs which describe all elevations of the building affected by the proposal. This should include its relationship to adjacent buildings or structures where these might be affected. The application should also include a statement of how the proposed works will affect the special architectural and historic interest of the building and its setting. It costs nothing to apply for Listed Building Consent.

Inadequate information is a significant cause of delay in reaching decisions on listed building applications.

1.8.3 The following is a checklist of items that must be included with an application for

Listed Building Consent:

A location plan to identify the building in question;

Measured drawings of all floor plans and external or internal elevations affected by the proposed works;

Drawings showing the building as existing and as proposed;

Photographs showing the part of the building affected (interior or exterior);

Other plans and drawings as are necessary to describe the proposed works;

A heritage impact assessment that describes the special architectural and historic interest of the listed building and the impact of the proposed works on that special interest.

1.8.4 When conditions are imposed upon a Listed Building Consent that has been granted, the process of applying for discharge of those conditions is the same as applying for Listed Building Consent. A separate form is used, also available from the Council as described above. Work should not commence until all of the conditions to a Listed Building Consent have been discharged.

1.9 During and After the Works

1.9.1 If any change is necessary during the detailed design of the works or when construction has commenced, the local authority must be informed in writing. Quite often, when such changes are minor, the local authority will acknowledge the change as a non-material amendment to the Listed Building Consent. However, if the changes are significant, the local authority may ask for a fresh application for Listed Building Consent.

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1.9.2 The responsibility for ensuring that the works comply with the Listed Building Consent granted lies with all parties involved in the carrying out of works: the owner of the property, those supervising the works and those carrying out the works.

1.10 Statutory Requirements

1.10.1 All materials and workmanship shall be the best of their respective kinds in accordance with BS8000 and used in accordance with good current practice. They shall comply with the latest edition of the relevant British Standards specification or code of practice or be subject to independent certification by the BRE where applicable.

1.11 Acts and Byelaws

1.11.1 The works are to be carried out in accordance with all Acts of Parliament including the current Building Regulations and all subsequent amendments to the Fire Precautions Act 1971, the Health and Safety at Work etc. Act 1974 the Construction (Design and Management) Regulations 2007, the Prevention of Damage by Pests Act 1949 and all other Byelaws and Statutory enactments of Local and other Authorities.

Where works affect party walls in The Crown Estates freehold ownership, notice under the Party Wall Act etc. 1996 must be served on The Crown Estate and all interested parties. The works are to comply with the latest version of the Disability Discrimination Act.

1.11.2 The Site Waste Management Plans Regulations 2008 requires a site waste management plan be prepared and implemented by client and principal contractors for all construction projects with an estimated cost greater than £300,000. The plans must record details of the construction project, estimates of the types and quantities of waste that will be produced and confirmation of the actual waste types generated and how they will be managed.

1.12 Right of Access

1.12.1 The Crown Estate and their representatives shall have the right of access to the premises at all reasonable times for the purpose of inspecting the works being carried out and to all site drawings and details. They shall have the right to have any of the works opened up for inspection if it is considered that faulty or defective materials or workmanship have been used

1.13 Insurance

1.13.1 The Crown Estate’s building insurers are to be advised of the proposed works so that the building policy will not be prejudiced. The building owner should notify the insurers if additional cover is required.

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2.0 THE CROWN ESTATE’S REQUIREMENTS

2.1 How The Crown Estate’s System Operates

2.1.1 Repair and alteration works in the Park must be carried out in accordance with the standards and methods specified in this document. This is to ensure consistency and high standards of conservation on the Estates, and to ensure that the value of the properties, mostly listed grade I or II*so that this unique group of Regency buildings in a park setting is maintained.

2.1.2 The buildings in the Kensington Palace Gardens Estate comprise a selection of individual properties except where there is a group at Palace Green. The importance of retaining individuality is required while a uniform street-scape suitable to the 19th century is sought. The street is maintained by The Crown Estate, however the walls, gates fences and external lighting and appearance has considerable importance to the group of buildings.

2.1.3 The buildings in the St James’s Estate also comprise a selection of individual buildings whose historic assets and character must be maintained.

2.1.4 To further this aim, The Crown Estate have appointed Purcell as their Conservation

Consultants to produce conservation strategies and schedules of work for the buildings offered for leasing, and to monitor works in progress.

2.1.5 A Conservation Schedule is annexed to the lease and contains a brief description of the property with details of its historic importance, a list of the works necessary and the standard specification. On completion of the works, the monitoring architects confirm to The Crown Estate that the works have been completed to its requirements and standards, in accordance with the covenants included in the lease or building agreement.

2.2 Conservation and Intervention

2.2.1 The standard of conservation and amount of intervention is based on the ideal of a property that has been occupied by careful tenants, who have carried out repairs and regular maintenance with matching materials. The building has been updated with gas, electricity, and kitchens and bathrooms have been changed to meet modern circumstances and hygiene requirements, but the principal features have been left intact. The successive owners may have left their mark, but in a way that is in keeping with the original house, and any changes have been carried out to a high quality. The Crown Estate understands that lessees will want to have fashionable decorative schemes, kitchens and bathrooms, and as long as the changes are easily reversible, and existing features are not removed (e.g. protected and boxed-in), changes can be made, within the overall framework of the Conservation Strategy for the Terrace or Villa, subject to approval of The Crown Estate and their Conservation Consultants.

2.2.2 In carrying out refurbishment works the lessee will be obliged to employ an architect, preferably holding the AABC qualification (Architect Accredited in Building Conservation) or alternatively the appropriate level of RIBA accreditation, or RICS accredited building surveyor, all with extensive experience of works to listed buildings of this type. That architect or surveyor will be expected to prepare drawings and specifications and fully supervise the renovation scheme in accordance with the Guidelines to Architects.

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Any significant structural alterations that may affect the historic fabric must be specified and overseen by a conservation accredited structural engineer.

2.2.3 The appointed Architect will discuss the scheme in general terms with The Crown Estate’s Conservation Advisors before submitting the scheme to the Local Authority, to seek Planning Permission, Listed Building Consent and Building Regulations Approval.

2.2.4 Work must not start on site until plans and specifications have been approved by The Crown Estate and all fees due at that time have been paid, and consents received from the local authority. The Crown Estate will employ their Conservation Specialists, fees being recoverable from the Lessee, to monitor works in progress, and to approve all plans and specifications.

2.2.5 If modifications to the building are proposed, these must show proposed and existing construction. Such proposals should respect the historic layout of the building. A Licence to Alter must be obtained for any alteration work via The Crown Estate’s Managing Agents, following the procedure set out in the Guidelines for Lessees booklet.

2.3 Repairs

2.3.1 Repairs to the properties should be carried out in accordance with the relevant sections of the Standard Specification and the Guidelines for Architects. Where repairs involve the removal of original fabric, listed building consent may be required.

It is the responsibility of the Lessee to check with the Local Authority.

2.4 The Conservation Schedule

2.4.1 A Conservation Schedule is produced to take the opportunity to carry out a thorough high quality refurbishment of the building in accordance with best conservation practice and to avoid any major works for a considerable length of time.

It sets out the basic parameters that will result in the required high quality scheme of conservation and renovation, including the maximum retention of the historic fabric.

2.4.2 It is included as a condition in the granting of a long lease and granting a substantial financial interest in the property to the lessee, and identifies those minimum items, procedures and standards that Lessees will be legally bound to undertake within a set time limit.

2.4.3 Originally, the scheme was intended to avoid any further major works within the term of the lease. With the introduction of longer leases, the intention is that the building/s should be put into a well conserved and sound condition at the beginning of the lease, and that in the course of time, repairs and maintenance should be carried out following the recommendations for repairs and maintenance set out in the Standard Specification and Guidance Notes for Architects.

2.4.4 The Conservation Schedule does not preclude the Lessee from carrying out works to a higher standard, but only with the agreement of The Crown Estate as to the extent of the works and methods and techniques used.

2.4.5 The Crown Estate’s Conservation Consultant, appointed by The Crown Estate to monitor the works on its behalf, carries out regular inspections and recommends to The Crown Estate’s agent that the works had been carried out and completed to The Crown Estate’s satisfaction. The Crown Estate’s managing agent will issue a certificate of completion once they are satisfied that all aspects of the project have

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been satisfactorily signed off. Until this certificate has been issued, the lessee is unable to assign the lease without an undertaking from the assignee that the works will be completed.

2.4.6 The inclusion of the Conservation Schedule within the lease means that the estimated cost of the works has been taken into account by The Crown Estate when setting the premium. Therefore the requirements must not be diminished, specifications altered or set aside without the written approval of The Crown Estate.

Initially, the proposals for carrying out the works, and any alterations the new Lessee desires, are to be submitted to the Managing Agents for a Licence to Alter. The Managing Agents consult with the Conservation Consultant and The Crown Estate before granting the Licence.

The Conservation Schedule comprises:

1. Identification of the premises

2. Description of the property and brief details of the history

3. Details of contract requirements, insurances etc.

4. A list of all the items required to be carried out on a room by room basis, including a Structural Engineer’s and other specialist’s reports, and requirements.

5. The time scale allowed for the works

6. The standard specification for workmanship and materials including painting and stucco repairs

7. A list of the plans which will be required by The Crown Estate for approval

8. An inventory of the historic items, including fixtures and fittings to be preserved or restored with photographs

9. Details of The Crown Estate’s monitoring procedure for the works. The Conservation Consultant Architect monitoring the works must confirm to The Crown Estate that they have been carried out and completed in accordance with the covenants included in the lease or building agreement.

2.5 Variations

2.5.1 Any application for variations to the agreed works must be made in writing with a full historical analysis of the item or items to be altered, the grounds for the change and justification of the replacement.

2.6 Costs

2.6.1 The whole of the cost and expenses required to comply with the terms of this specification are to be borne by the building lessee.

2.7 Samples of Materials

2.7.1 In all cases samples of the building materials to be used for the facing of the building and any other materials which The Crown estate may require to be submitted for approval

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and when approved the materials used in the building are to be of similar quality and appearance.

2.8 Right of Access

2.8.1 The Crown Estate shall have the right of access to the premises at all reasonable times for the purpose of inspecting the works being carried out and to all site drawings and details. They shall have the right to have any of the works opened up for inspection if it is considered that faulty or defective materials or workmanship have been used.

2.9 Matters Arising or Queries

2.9.1 If during the course of the works, queries arise or alterations to the agreed scheme are envisaged, the Lessee must obtain the consent in writing of The Crown Estate through their Conservation Consultant Architects, c/o Chris Betts, Purcell, St Mary’s Hall, Rawstorn Road, Colchester, Essex CO3 3JH (Telephone 01206 244844, Fax 01206 244845, Email chris.betts@purcelluk.com) before commencing any work.

2.10 Contract Requirements etc.

2.10.1 The Lessee, the lessee’s Advisers and Contractors are to remain fully responsible for the property and all alterations and improvements carried out to it, notwithstanding any approvals, certificates or licences that may be issued by or on behalf of The Crown Estate. The Commissioners are not responsible for any damage or defect arising from the carrying out of the works.

2.10.2 No warranty is given as to the originality of any items within the property, purchasers of leases are therefore advised to satisfy themselves in such matters.

2.10.3 The Lessee will be required to put forward details of a comprehensive Scheme of

Renovation for written approval by The Crown Estate. It is to be drawn up and supervised by an Architect to be approved by The Crown Estate under normal RIBA terms of appointment. Under no circumstances should any work be started prior to The Crown Estate’s formal consent being granted. The Lessee is to obtain all necessary consents; in particular Planning Permission, Listed Building Consent, Building Regulation Approval and Crown Estate Paving Commission consents (where appropriate) before any works are started and to serve the appropriate Notices under the Building Regulations, and the sections of the London Building Acts still in operation, and pay all fees. Copies of all planning and Listed Building applications and approvals must be sent to The Crown Estate’s Conservation Consultants.

2.10.4 The Lessee must comply with the requirements of the Party Wall Act 1996 and all subsequent amendments, and notify all the adjoining owners and occupiers, including The Crown Estate, of works to or near party structures which come under the provisions of this Act, and follow the procedures for agreement of the works proposed. Copies of all Party Structure Awards and Notices must be sent toThe Crown Estate’s Conservation Consultants.

2.10.5 The Lessee must comply with all recommendations contained in any Structural Engineer’s

Report on the property prepared for The Crown Estate and included in the Schedule of Minimum Requirements (Conservation Schedule).

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2.10.6 All current statutory regulations must be complied with, but in a way that respects the irreplaceable historic fabric. Should it prove essential to seek a waiver of any regulation, the matter should be discussed with The Crown Estate before making an application to waiver.

2.10.7 The current Building Regulations are not retrospective, but are to be complied with as far as possible, but with respect to the irreplaceable historic fabric. Should it prove essential to seek a waiver of any regulation, the matter should be discussed with The Crown Estate before making an application to the Local Authority.

2.11 Monitoring of the Building Works

2.11.1 The Crown Estate’s Conservation Consultants carry out the monitoring of Building works on site to ensure that the works are carried out in accordance with The Crown Estate’s Standard Specification. The Conservation Consultant’s agreement to any material, sample or sample panel or method statement relates solely to that requirement and does not imply any involvement in the contractual relationships between the Lessee, his or her architect and/or Contractor.

2.11.2 Where approval of The Crown Estate of works or samples is specified, or the agreement of The Crown Estate is required, adequate notice must be given to the Conservation Consultants to respond.

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3.0 STANDARD BRIEF

3.1 General Requirements

3.1.1 The proposed scheme must conform to the section above on contract requirements.

3.2 Photographic Records

3.2.1 The Lessee will be required to submit a full set of photographs in triplicate of the exterior and interior prior to commencement of works, and a second set in triplicate when all the works are complete. A full photographic record may also be required in the case of alterations.

3.2.2 Photographs of the interior are to include all existing cornices, dados, doors, fireplaces, mouldings, ceiling roses, window shutters etc. It is particularly important to include small details such as locks and servant’s bells and the like. Each photograph is to be marked to indicate the room shown, and all agreed with The Crown Estate.

Each set and copies are to be mounted in photograph albums and each photograph identified.

3.3 Drawings Required

3.3.1 The following drawings are to be submitted by the Lessee’s Architect to The Crown

Estate with the Lessee’s application for consent for the Refurbishment or Alteration Scheme. No such application will be considered unless accompanied by all these drawings.

- A full set of existing floor plans to a scale of not less than 1:50

- Full existing elevational drawings to a scale of not less that 1:50 showing adjoining houses.

- Full floor plans as proposed to a scale of not less than 1:50.

- Full proposed elevational drawings to a scale of not less than 1:50, showing adjoining houses.

- Sectional Drawings through all buildings in both directions to a scale of not less than 1:50.

- Location plan to a scale of not less than 1:1250

- Block plan showing the whole proposed property in relation to the adjoining buildings at a scale of not less than 1:500

- Detailed drawings to a scale of not less than 1:2, showing all proposed new cornices, ceiling roses, windows, doors, architraves, skirting, dado rails and all such other details as required. Drawings of complete doors and windows at 1:20 scale. The positions of these details to be cross referenced on the proposed floor plans.

- Proposed drawings and plans must indicate positions and external size of all pipes, ducts, fixtures and fittings, including services installations.

- All proposed structural steelwork, bressemers etc. to be shown to correct scale and position, with sizes annotated on plan.

- The above drawings must be accompanied by a detailed specification of the full refurbishment Scheme which must include all the items mentioned in the Schedule of Minimum Requirements (Conservation Schedule).

- Any other plans that may be required by The Crown Estate from time to time.

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- All drawings must show the names of the person who drew it, and who checked it, with the date.

3.3.2 On completion, the Lessee’s Architect must provide up to date drawings and specifications showing all amendments, even minor ones. These “as-built” drawings and specifications are then to be sent to the Monitoring Architects for checking and returning to The Crown Estate for record purposes.

3.4 The Crown Estate Specification

3.4.1 The Specification requires compliance with the NBS Specification, Intermediate

Version unless where stated in this document. It must be checked against the requirements of the Contract employed.

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