Summary of appeals at October 2014 under S.55 of the Planning (Listed Buildings and Conservation Areas) Act 1990
This article is an appendix to: Appeals against urgent works notices, written by Bob Kindred MBE BA IHBC MRTPI from The Institute of Historic Building Conservation. It combines the data from cases 1-8 provided by DCMS in 2003 and published in Context, September 2003 with cases 9-30 helpfully provided by Heritage Protection Branch in October 2014. The original article can be seen here.
| Grounds for Appeal | SoS Determination of the Outcome |
|
Case 1 Unreasonable cost |
Found in favour of the local planning authority |
|
Case 2 Hardship |
Found in favour of the local planning authority |
|
Case 3 Unnecessary works |
Found in favour of the local planning authority |
|
Case 4 Unreasonable cost, hardship |
Two of the owners had to pay costs, one did not due to hardship |
|
Case 5 Unnecessary works, unreasonable cost, hardship |
Found in favour of the local planning authority |
|
Case 6 Unreasonable cost |
Found in favour of the local planning authority with some reduction in costs |
|
Case 7 Unreasonable cost |
Found in favour of the local planning authority |
|
Case 8 Hardship |
Found in favour of the owner |
|
Case 9* Unnecessary works, unreasonable cost, hardship |
Found in favour of local planning authority |
|
Case 10 Unnecessary works, temporary arrangements continued for an unreasonable length of time, unreasonable cost, hardship |
Found in favour of local planning authority |
| Notices invalid, found in favour of the owner | |
|
Case 12 S.54 notice incorrectly served, unnecessary works, unreasonable cost |
Found in favour of local planning authority |
|
Case 13 Intention to appeal, no grounds submitted |
No grounds submitted, invalid appeal |
|
Case 14 Unnecessary works, temporary arrangements continued for an unreasonable length of time, unreasonable cost |
Found in favour of local planning authority |
|
Case 15 Unnecessary works, unreasonable cost |
Found in favour of local planning authority |
|
Case 16 Unreasonable cost |
Found in favour of local planning authority |
|
Case 17* Unnecessary works, hardship |
Found in favour of local planning authority |
|
Case 18 Unnecessary works |
Costs shared – 67% owner, 33% LPA |
|
Case 19 Unnecessary works, temporary arrangements continued for an unreasonable length of time, unreasonable cost |
Found in favour of local planning authority |
| Notices invalid, found in favour of the owner | |
|
Case 21 Intention to appeal, no grounds submitted |
Out of time and no grounds submitted, invalid appeal |
|
Case 22 Intention to appeal, no grounds submitted |
No grounds submitted, invalid appeal |
|
Case 23 Intention to appeal, no grounds submitted |
No grounds submitted, invalid appeal |
|
Case 24 Objection to a s.54 notice |
No s.55 notice subsequently served, no appeal necessary |
|
Case 25 Invalid notices, unnecessary works, unreasonable cost |
Costs shared - 88% owner, 12% LPA |
|
Case 26 Unnecessary works |
Costs shared – 47% owner, 53% LPA |
|
Case 27 Appeal withdrawn as the LA purchased the building and the cost of the Urgent Works was settled in the purchase price. |
N/A |
Notes: Cases 9 & 17 - very small deductions of less than 1% were made from the amount claimed by the LPA As of October 2014 DCMS had one further undetermined open case. Four of the cases represent S.55 notices being served twice on two buildings but relating to different Urgent Works in each case. One of the buildings was/is owned by a building preservation trust. LBC for demolition of the building and redevelopment of the site had been refused and the building was being allowed to fall into disrepair. The trust transferred ownership to another trust just before the S.54 notice was served. The LPA didn’t check ownership immediately before serving and so the notice was invalid. The trust didn’t inform the LPA of the change of ownership until after the LPA had carried out the works. The LPA, therefore, weren’t able to re-serve the s.54 notice or to recover costs. The two trusts had the same address (a garage with no means to receive post) and shared trustees. The contact phone number for both trusts was that of a property developer. One of the trusts was a member of the Association of UK Preservation Trusts but it has now been removed from the membership of UK APT.
--Institute of Historic Building Conservation
Find out more
Related articles on Designing Buildings Wiki
- Appeals against urgent works notices.
- Building Preservation Notice.
- Cautions or formal warnings in relation to potential listed building offences in England and Wales.
- Certificate of immunity.
- Charging for Listed Building Consent pre-application advice.
- Conservation area.
- Enterprise and Regulatory Reform Act 2013 and listed buildings.
- Forced entry to listed buildings.
- Heritage partnership agreement.
- Institute of Historic Building Conservation.
- Listed Building Heritage Partnership Agreements.
- Local Listed Building Consent Orders.
- Listed buildings.
- Listed Building Consent Order.
IHBC NewsBlog
Heritage Building Retrofit Toolkit developed by City of London and Purcell
The toolkit is designed to provide clear and actionable guidance for owners, occupiers and caretakers of historic and listed buildings.
70 countries sign Declaration de Chaillot at Buildings & Climate Global Forum
The declaration is a foundational document enabling progress towards a ‘rapid, fair, and effective transition of the buildings sector’
Bookings open for IHBC Annual School 12-15 June 2024
Theme: Place and Building Care - Finance, Policy and People in Conservation Practice
Rare Sliding Canal Bridge in the UK gets a Major Update
A moveable rail bridge over the Stainforth and Keadby Canal in the Midlands in England has been completely overhauled.
'Restoration and Renewal: Developing the strategic case' Published
The House of Commons Library has published the research briefing, outlining the different options for the Palace of Westminster.
Brum’s Broad Street skyscraper plans approved with unusual rule for residents
A report by a council officer says that the development would provide for a mix of accommodation in a ‘high quality, secure environment...
English Housing Survey 2022 to 2023
Initial findings from the English Housing Survey 2022 to 2023 have been published.
Audit Wales research report: Sustainable development?
A new report from Audit Wales examines how Welsh Councils are supporting repurposing and regeneration of vacant properties and brownfield sites.
New Guidance Launched on ‘Understanding Special Historic Interest in Listing’
Historic England (HE) has published this guidance to help people better understand special historic interest, one of the two main criteria used to decide whether a building can be listed or not.
"Conservation Professional Practice Principles" to be updated by IHBC, HTVF, CV
IHBC, HTVF, and CV look to renew this cross-sector statement on practice principles for specialists working in built and historic environment conservation roles.