Manor Farmhouse listed building prosecution
A significant and unusual listed building prosecution case has successfully concluded in which Huntingdonshire District Council brought contempt of court proceedings.
This the first case of which the IHBC is aware where this specific course of action has been needed. It is an illuminating example for those uncommon circumstances where injunctions are necessary but have been flouted.
The case concerned Manor Farmhouse, 15 High Street, Spaldwick, a Grade II listed building dating in part to 1546 and located between two Grade II* listed buildings. The owner purchased the property in September 2014, and within two weeks had removed external render and lath-and-plaster ceilings. Although requested to stop work by the council, he declined to do so and a temporary injunction was obtained to prevent any further damage.
The injunction fell away on 15 October 2014 when the owner gave an undertaking in the county court not to carry out any further work to the building without first obtaining listed building consent or the prior approval of the local authority. Despite this undertaking and further council warnings, works continued without consent.
On 11 November the owner appeared at Peterborough County Court and admitted 20 individual breaches of the undertaking previously given to the court in 2014, including the removal of wattle-and-daub panels, the removal of windows, internal walls and internal fixtures, and the insertion of new second-floor accommodation.
The owner was found guilty, given a six-week suspended sentence and ordered to pay £25,000 towards the council’s costs. The owner will also have to meet the costs of appropriate reinstatements and risks further action by the council if this is not done.
A listed building enforcement notice will now be sought to secure the reinstatement of the fabric of the building. It would be open to the council to initiate further proceedings if the notices are not complied with.
This article originally appeared in IHBC's Context 148, March 2017. It was written by Bob Kindred, IHBC research consultant, who maintains the National Database of Listed Building Prosecutions.
--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.
- Compulsory purchase orders for listed buildings.
- Conservation area.
- Conservation officer.
- IHBC articles.
- Listed building.
- Forced entry to listed buildings.
- Listed Building Heritage Partnership Agreements.
- Local Listed Building Consent Orders.
- Listed Building Consent Order.
- Planning authority duty to provide specialist conservation advice.
- The Institute of Historic Building Conservation.
- Use of direct action in heritage enforcement cases in England.
IHBC NewsBlog
IHBC Virtual School 19 June: Heritage Reflections & Speculations from a Pandemic
How the current pandemic will shape historic urban areas and their surrounding communities across the globe is impossible to tell. Join us to reflect on the implications for our current approaches to caring for valued places, and even speculate on future strategies and responses.
How to Enjoy Heritage from Home, from the Heritage Fund
The Heritage Fund has put together a list of heritage-inspired activities to be done from home.
Listed Property Owners Club’s Spring Checklist for Buildings
Spring is a good time to stand back and consider any building repairs that are required over the next 12 months, notes the LPOC, and regular inspection and maintenance is the key to keeping homes in good repair, as per its accessible step-by-step guidance.
Firefighters tackle blaze at converted Grade II listed former mill
Derbyshire Fire and Rescue Service said “rapid and effective firefighting” had saved three quarters of the mill – which is now apartments.
Thieves take advantage of lockdown to steal lead from church roof in Halsham
Police have appealed for witnesses after thieves stole lead from the roof of All Saints Church in Halsham near Hedon during the coronavirus lockdown.
IHBC's CPD Circular provides info on digital CPD opportunities
The regular newsletter showcases the IHBC’s own Continuing Professional Development (CPD) content as well as online opportunities from ‘IHBC Recognised CPD Providers’ and other conservation related training and events.
Frank Lloyd Wright houses offer virtual tours
To make sure the public still has access to twelve of those famous works, #WrightVirtualVisits has been launched, which offers virtual tours of 12 iconic houses.
CIC’s Coronavirus Digest review and survey
The Construction Industry Council’s (CIC’s) ‘CIC Coronavirus Digest – Issue 8’ surveys the latest government advice with updates from the construction industry.
COVID-19: Advice and Updates collated from the Heritage Sector
Organisations with conservation links have been collating resources on COVID-19 impacts, including Built Environment Forum Scotland (BEFS), Historic Environment Forum, The Heritage Alliance (THA), and Historic England, on cleaning surfaces.
Councils considering ‘executive powers’ as measures to avoid planning gridlock
Councils are reported to be considering taking up rarely-used executive powers to keep the planning and development system moving during the coronavirus pandemic.
Historic England provides updated flood recovery advice
Historic England's 'After a Flood' provides timely advice on how to dry walls properly and avoid further damage to the building fabric.
Conservation of Timber Buildings: an example of evolving conservation techniques
Context Issue 162 offers a peek into an archive of timber conservation history through the records of the practice of FWB and Mary Charles Chartered Architects.
Call for VAT rates for Refurbishment to be Reduced
To meet the government’s target of being carbon neutral by 2050, we must recycle, reuse and responsibly adapt our existing historic buildings, according to this year’s Heritage Counts report, so Historic England and partners are calling for a reduction in VAT rates to incentivise this more sustainable option.