Cheltenham Borough Council has confirmed it has sent warning letters to the owners spelling out the building’s Grade II listed status.

The “information letters” set out the statutory position that exists around making changes to listed buildings.

The letters are not formal stop notices.

Jane Griffiths, director of commissioning, said: “This is a rather interesting situation as the building, and therefore the wall, is listed. Under section 9 of the Planning (Listed Buildings and Conservation Areas) Act 1990 any person who undertakes works which would affect its character as a ‘building of special architectural or historic interest’ without a listed building consent, would be committing an offence.

“The artwork itself is not part of the listing of the building. It is therefore not protected by the listing and its addition is not something that has been added in accordance with a listed building consent.

“Conversely, any works to remove the fabric of the building, (eg removal of brickwork), would need listed building consent.

“The owner has been made aware of the legal position for carrying out works to his property. Q Scaffolding has also been made aware, as contractors are also liable in the case of any legal proceedings that may be taken if an offence is committed. The Council is aware of plans to repair the render and make it safe, but not of anything more substantial.

“We hope that, by highlighting the Act, the owner will halt any works that may be planned and instead submit a listed building consent application for our consideration.”