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In this case study, we take a look at a claim that arose in 2020, only a year after the policy was taken out, but which related to some works and alterations made to a listed residential property in the previous century!

A nasty surprise

In October 2019, we issued a policy covering lack of evidence of listed buildings consent for various historical alterations and additions to a Grade II property in East Anglia. The property itself dated from around the end of the 15^th century.

A year later, in November 2020, we were contacted by our policyholder. She had been notified by her local council that they had instigated enforcement action for several breaches of listed building consent, and, understandably alarmed, she immediately got in touch with us. Our claims team quickly got to work, and their initial investigations into the background surrounding the claim revealed an all too familiar story.

A neighbouring property owner had previously submitted plans to build several houses on their land, and our policyholder had been one of several parties who had objected to the proposals. The planning application was subsequently rejected, and in an apparent tit-for-tat response, a list of past works relating to several surrounding properties was sent to the local authority. Our policyholder’s property was included in this list.

Our first step towards resolving the claim was to instruct a Listed Buildings specialist to prepare an application for retrospective consent for the works cited in the enforcement action, including a porch which had been added to the side of the property, and an outbuilding converted to a pump room. In total, six separate applications were made, four of which were granted consent quite quickly. Unfortunately, two applications failed: one relating to a small window by the front door, and the other for a swimming pool, which had been constructed at the property over 25 years ago. 

The Listed Buildings specialist worked with the local authority to draft a revised application for the window, proposing a replacement that was more in keeping with the other windows at the property. This proved to be a successful approach and we were able to commission a specialist firm to construct the window.

Hidden depths

The swimming pool proved more problematic and took much longer to resolve. Located at the rear of the property, the Council refused to grant consent for the pool, stating it was ‘at odds with the character and context of the listed building’. Our policyholder was understandably keen to keep the pool, so we instructed the Listed Buildings specialist to prepare an appeal. Following advice from British Heritage, the appeal contained a heritage statement to strengthen the case to retain it, as well as proposals for measures that would avoid the more drastic step of removing the pool. These included purchasing a bespoke AstroTurf cover to conceal the pool when not in use, and additional planting to help the pool blend in more with the surroundings. The cost of the pool cover alone was put at £32,000, but our Claims team felt it would be money well spent to ensure the pool could be retained. Crucially, it would also avoid any significant reduction in property value – inevitable if the pool were to have to be removed.

The appeal was submitted in January 2022, 14 months after the claim was initially received. After being considered for a month, we learned that the appeal had been allowed and retrospective consent was granted. Indeed, to our surprise, the Inspector dealing with the appeal disagreed with the earlier decision to such a degree that the proposed mitigation measures (including the new cover) were not required - a far more successful outcome than anyone had anticipated!

The policyholder was very happy with the work our Claims team had done to resolve the claim, ensuring they were able to keep the pool and avoid any loss of value to the property. The legal and professional fees associated with the claim came to just under £21,000, underlining the true value of the policy, which cost £570 in October 2019.   

More than just writing a cheque

With a wealth of experience and expertise to draw on, our Claims team is well-equipped to assess the individual circumstances around any claim. They’re able to support the insured throughout what is often a stressful process, while ensuring that a satisfactory outcome is reached for all parties as quickly as possible.