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ALLAN MORRISON
Problem owners, not problem buildings
The case of two listed, former school buildings in a former colliery village in north-east Derbyshire illustrates some of the lessons of using urgent works and repairs notices.
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The Queen-Anne-style former Cresswell Church of England secondary school
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Conservation
officers should all know by now how to take action on buildings at
risk, and what is involved. It is all there in the Listed Buildings Act
1990, in PPG15, in the English Heritage guidance, in Charles Mynors’
book on listed building legislation, and in Bob Kindred’s
excellent survey of local authority work on this topic, compiled in
1992 but which is still very relevant today.
Urgent
works action under s54 and 55 is easy, with a little technical
knowledge and help, an awareness of the need for temporary works and
reasonable measures, all done in the knowledge that if you act
reasonably you will get your money back. You may not have to do the
works if the threat of interference with his private property stirs the
owner into action.
Preparing
a s48 full repairs notice needs rather more technical knowledge, along
with preparation for legal action towards a compulsory purchase order.
But if the urgent works notice has given the building adequate
temporary protection and the owner has been moved to act appropriately,
the need for the CPO action should be minimised, or at least time is
bought for the next stage to be properly planned.
Two
listed, former school buildings sit side by side in the once thriving
colliery village of Creswell, between Bolsover and Worksop, in
north-east Derbyshire. Built a few years either side of 1900 to cater
for the children of this rapidly expanding settlement, they closed in
the late 1970s. They were then used for a series of low-intensity and
low-income commercial and industrial uses before gradually slipping
into a state of complete vacancy and neglect.
The infants school, owned by Mr A, attracted its
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first
urgent works notice in 1985, and between 1993 and 2002 attracted
another six notices from Bolsover District Council. The secondary
school, owned by Mr B, attracted three urgent works notices between 1993
and 2003. Continuing vandalism was a major contributor to the need to
serve repeated notices. More effective security measures at the outset
would have gone a long way to avoiding repetitive and abortive work.
All
the notices concentrated on keeping out intruders and the weather,
ventilating the building and avoiding any structural collapse. The
greatest damage was done by repeated attacks by vandals getting inside
the buildings, climbing out on to the roofs via the hidden central
valley gutters, pushing off the heavy stone ridge pieces and kicking
out slates, as well as smashing glass and whole window frames. The
temporary works would have been more than adequate to protect the
buildings against further decay, but not against determined vandals.
With
hindsight the most beneficial and cost effective measure the owners
could have taken would have been to surround the buildings with high
security fences and gates which would have kept out the vandals and
allowed the temporary works to remain effective. But the council could
not do such work as a costly and effective permanent fence would not
have been in the spirit of s54.
Windows
and doors were blocked up externally with plywood sheets bolted through
to braces on the inside. Large areas of missing slates and leadwork
were replaced with battened-down plastic sheeting, a chimney stack in
danger of collapse was partially dismantled, and on
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CONTEXT 93 : MARCH 2006
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Temporary steel propping to the porch of the secondary school
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£1.4
million for the model village. The owners of both schools were kept
fully informed of the availability of the HLf grants and of all the
council’s considerations and resolutions.
Even
this grant aid was not enough to encourage the owners to take positive
action. Throughout the negotiations the council sought valuation advice
from the district valuer. In the early days the district valuer’s
values were quite generous to the owners but in early 2005, as the
parties headed towards a public inquiry into the CPO, his values
dropped to £1 for each school.
failing
to instil some realism in the owners’ minds on valuations, the
council served a s48 repairs notice in respect of the infants school in
2001 and in respect of the secondary school in 2003. Not content with
one millstone around his neck, the infants school’s owner Mr A
suddenly acquired the secondary school from Mr B in 2002, and soon
after became subject to the second repairs notice as well.
The
two s48 notices covered full and permanent repair of all external
elements of the two buildings. While the law and the guidance do not
require a full specification to a standard suitable for tendering by
builders, it helps if the schedule of works is prepared by a
conservation architect or surveyor. They can with authority defend the
contents of the schedule in the magistrates court if the owner appeals
and can also defend them in a public enquiry.
The
objective of a repairs notice is to specify reasonable steps for the
proper preservation of the building. Proper preservation is not defined
anywhere but guidance can be found in PPg15 and in the English Heritage
publication Stopping the Rot. What are reasonable steps has to be a matter of judgement.
The
schedules for these two buildings each ran to seven pages and nearly 60
clauses. I went as far as to specify complete internal replastering,
replication of significant internal joinery of which evidence survives,
the installation of basic electrical power and lighting circuits, and
temporary protection for the repaired windows.
Stopping the Rot states
that ‘proper preservation implies positive action to put and to
keep a listed building in good repair in a way which fully respects its
architectural or historic interest and to prevent it being exposed to
harm. This normally involves undertaking regular repairs and routine
maintenance. It may be achieved of course, by bringing or keeping a
useable building in full beneficial use.’
I
took the view that in the economic circumstances of these particular
buildings no low-key use (such as industrial storage) which might
operate without plaster on the walls could possibly ensure the proper
preservation of these buildings. Similarly it is unthinkable that
long-term proper preservation through an economically viable new use
could be achieved without the provision of electrical services.
Case law has established that repairs notices can require works to bring a building back only to the state
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one occasion steel props were inserted to support a seriously defective masonry structure.
In
four cases on the infants school the owner carried out the works
himself after some dispute over materials to be used and despite his
considerable reluctance to do it. In three cases on the infants school
s55 notices were served to recover sums of £3,000, £8,500
and £2,500. In the first of these four works, carried out in
1997, the council did not get competitive estimates and chose to use
its direct labour organisation. The inquiry inspector found the works
to be necessary but allowed the council to recover only a third of the
costs.
On
the secondary school, in two instances the owner had the works carried
out, but in the third case the council had to do the works at a cost of
£13,000. This was recovered following an appeal, although it took
two and a half years to do so.
Over
this period of about 12 years the council’s action carried out
under s54 and 55 was accompanied by a continuous exchange of letters
with the owners and occasionally their solicitors, trying to persuade
them to act reasonably, either by coming forward with schemes to
develop the buildings themselves, or to sell them on to someone who
would, for realistic prices which reflected the costs of repair.
In
1999 there was hope of ending this cycle of temporary works, vandalism
and continuing dereliction. A successful bid by the district council to
the Heritage Lottery fund for a townscape heritage initiative for the
colliery model village included funds for the rescue of the two former
schools. £500,000 was allocated as grant aid for appropriate
schemes to regenerate the schools, out of a total first phase offer
from the HLf of
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CONTEXT 93 : MARCH 2006
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it
was in at that date. finding a few external photos of the buildings
around the dates of listing (1978 and 1988) was difficult enough, but
as no interior photos existed I was sticking my neck out by including
internal works.
I
did at least have a series of photos of the interiors of both buildings
showing the deterioration over the last 10 years or so. This became
crucial in the magistrates court.
In
2004 the council resolved to compulsory purchase both school buildings
to secure their long-term preservation. The council also continued to
attempt to acquire them by treaty with the help of the district valuer
as an independent broker.
The
council also continued to prepare its case for the public inquiry. Not
unexpectedly, Mr A appealed to the Chesterfield Magistrates Court for a
stay of the CPO proceedings. The hearing took place before a circuit
judge, instead of lay magistrates, in february 2005. The case could
easily have gone against the council had lay magistrates taken the view
that the plausible building owner was being hounded oppressively by the
council into giving up his property for a song.
The
debate in the court between the barristers should have been about
whether or not the owner had taken steps properly to preserve the
buildings and, if so, whether the steps were reasonably necessary. The
owner’s barrister had requested two full days in the court so as
to go through the schedules line by line.
It
became clear that the owner did not have a leg to stand on in respect
of taking any steps to preserve the building properly. We presented
dated photos showing that he had presided over continuing decay of the
buildings in the belief that doing the specified temporary works, when
he chose to, and making vain attempts to sell the buildings for
exorbitant sums, constituted reasonable steps properly to preserve the
buildings. His case collapsed totally. The judge ruled that the steps
in the notices were broadly reasonable and that no reasonable steps had
been taken to properly preserve the buildings. He dismissed the appeal.
The
owner was given until the end of May 2005 to agree to transfer the
schools to the council voluntarily if the inquiry was to be called off
and if the council’s offer to pay some of the owner’s legal
fees was to be honoured. Agreement was reached on 27 May and the
schools changed hands on 13 June. The council,
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The neo-Jacobean former Cresswell Church of England infants school
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as
new owner, immediately erected a security fence around the schools,
carried out essential temporary repairs, and embarked on a marketing
exercise to attract developers for the schools and an adjacent
land-locked site acquired at the same time. At the time of going to
press the council was considering nine expressions of interest and
preparing to seek serious bids from a short list.
Several lessons can be learned from this case:
1. The
number of notices needed was a direct result of repeated vandalism. An
effective security fence might have avoided so much damage and abortive
work, and might have cost no more.
2. Urgent
temporary works can be relatively inexpensive, but without seeking
competitive estimates a council is open to a charge of unreasonable
expenditure if the owner appeals. It may be a liability worth risking
for the sake of expediency.
3. The
items in an urgent works notice should keep out intruders; keep out the
weather; keep the building ventilated; and prevent structural collapse.
These can only be temporary works.
4. Do
not delay if works are genuinely urgent. Delay suggests that the works
are not urgent and may weaken your case in a court or public inquiry.
5.
Always keep communicating with the building owner, by recorded delivery
letters if necessary. Never let him complain that he did not know what
the council was about to do to him or his building, or that he had no
reasonable opportunity to act voluntarily.
6.
Independent property valuations are critical to the council’s
case for negotiations and for proving the real worth of a derelict
listed building. Use the district valuer, or at least an independent
private estate agent, from an early stage. The more he is involved in
the process, the more likely he is to support a low valuation at the
end of the day.
7. Yo
u may not have good photographic evidence for the state of the building
at the date of listing, but you must at least take periodic, dated
photos as the building deteriorates, showing that reasonable steps have
not been taken.
It
is unlikely that a debate about the adequacy or excessiveness of the
repairs notice schedules in the courts or public inquiry will make or
break the case. It is more likely to hinge on the evidence that
reasonable steps have not been taken properly to preserve the buildings.
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The rear of the secondary school: beneath the bay’s boarding is a continuous series of sash windows.
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Allan Morrison is principal historic buildings officer in Derbyshire County Council’s conservation and design team.
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CONTEX T 93 : MAR C H 20 06
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