Manor Farmhouse listed building prosecution
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.
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’s 2021 virtual conference examines how we can best change and sustain places for the benefit of people, led by expert practitioners boasting international, national and local profiles and experiences.
The 2021 winners of the European Heritage Awards / Europa Nostra Awards have been announced.
England’s Housing Minister has announced a £1.1 million fund to test the use of digital tools and data standards across 10 local areas.
Created by the Local Authority Building Control (LABC), Front Door provides practical guidance on home improvements and renovations as well as technical advice on obtaining building control and planning approvals.
The Independent Commission established by the Governing Body of Oriel College on the memorials and legacy of Cecil Rhodes has reported.
A huge blaze has destroyed two Grade-II listed boatyards on a River Thames island.
The medieval shrine of St Amphibalus has been restored to its former glory, now with ‘a modern addition of a face wearing a face-mask to commemorate the shrine’s restoration project’ in the pandemic!
A section of the Ulster Canal, a disused canal in the border region of Monaghan and Fermanagh, will be restored and reopened as a public amenity more than 90 years after it was abandoned.
One of the most stunning Roman finds ever unearthed in Britain has been discovered on the site of a new housing development in a village near Scarborough.
The latest issue (no.167) of the IHBC’s membership journal Context is now out, boasting a tight focus on Urban Design, with a distinctly international take.