BCD 2017

174 T H E B U I L D I N G C O N S E R VAT I O N D I R E C T O R Y 2 0 1 7 The London Road Fire Station, Manchester, which has been derelict since 1986. Manchester City Council took a bold decision to CPO the building in 2011 but the Secretary of State did not approve the order and the building remains derelict. (Photo: Jonathan Taylor) BUILDINGS AT RISK and the use of compulsory purchase orders JONATHAN TAYLOR A CCORDING TO Historic England’s publication Heritage Counts , 849 Grade I and II* listed buildings in England are currently at risk. Of these, around half are likely to be capable of economic use. However, Historic England does not record figures for Grade II listed buildings nationally, which account for 92 per cent of all listed buildings in the country, so this figure is just the tip of the iceberg. The Buildings at Risk Register for Scotland, by comparison, includes 2,500 entries in a country that holds just ten per cent of the UK’s listed buildings. A figure of 25,000 listed buildings at risk is considered to be a conservative estimate for the UK. Historic building and conservation areas legislation provides effective control over development and demolition, but there is no legal requirement for a building to be maintained. There’s a tipping point in neglect where the rate of deterioration begins to accelerate rapidly, and the cost of repairs starts to escalate. If caught in time, a leaking roof may be cured by a few minor repairs. It may even be as simple as cleaning the leaves and the buddleia growing in the gutters, so rainwater does not overflow into the building. Yet, if left, damp is likely to affect the wall plate and immediate roof structures, before seeping down through the walls, supporting dry rot in the timbers of the floor structures below. Given time, the cost of repairs can exceed the value of the building, particularly if the building is in an area which is struggling or deprived. Often the site itself would be valuable were it not for the fact that the listed status of the building prevents redevelopment. So, in the absence of a viable alternative, historic buildings are sometimes abandoned, leaving them at risk from vandalism, lead theft, arson and the elements. Redundant buildings may also present a problem in urban areas even if adequately maintained, as they cast a blight on the surrounding townscape and deter wider regeneration. Buildings often form part of a property portfolio, representing an investment for the owners whether in use or not. While some are simply mothballed, awaiting increases in land values, others are neglected with inevitable consequences. Although there is no requirement for an owner to maintain a listed building, local authorities do have powers at their disposal to enforce repairs under heritage protection legislation. These include urgent works notices, repairs notices and, if all else fails, compulsory purchase orders. URGENT WORKS NOTICE The local authority can pay for and carry out the works which are necessary for the preservation of a listed building, and recover the cost by serving a notice on the owner. (In England and Wales this is under Section 54 of the Planning (Listed Buildings and Conservation Areas) Act 1990 , but similar provisions apply in Scotland and Northern Ireland - see below.) It is also possible to serve an urgent works notice on the owner of an unlisted building in a conservation area where the deterioration affects the character of a conservation area. Of course, in either case, owners may not have the resources to pay for the work, so there is always some risk that the cost to the council is far higher than the cost of the work itself, once litigation costs are taken into account. REPAIRS NOTICE AND COMPULSORY PURCHASE ORDER Under the same legislation (Section 48 in England and Wales) the local authority can serve a repairs notice on the owner requiring work to be carried out which the council considers necessary for the preservation of a listed building. If after at least two months, there is no indication that reasonable steps are being taken to do the work, the council can begin compulsory purchase proceedings. Requirements and duties of the purchasing authority are set out in government guidance and are complex and time-consuming, and