The IHBC has just launched the next in its new practitioner support Guidance Note programme, accessible through the institute’s web developing ‘Toolbox’ resource, which explores the proper use of injunctions in heritage cases in England and Wales.
This guidance note aims to assist conservation specialists in England in their understanding of the mechanism of injunctions in more detail in order to enable a more effective dialogue with their legal colleagues.
In particular it will assist all of those who have issues with unauthorised works to listed buildings, especially in cases where it has immediately come to light that unauthorised works to a listed building are taking place, a request to stop work has been ignored, a Listed Building Stop Notice does not exist and ascertain what can be done as a matter of urgency.
The topics covered within the guidance note include:
- What is an injunction and why would one be used?
- The alternative to an Injunction
- Legislation applicable to Injunctions
- Types of injunction -Ex parte injunctions, preliminary injunctions
- Procedures
- The need for personal service and contempt of court
- What to do in cases where the identity of the person who may be responsible is unknown
- Costs
- Some case examples
The guidance note is written by IHBC’s Research Consultant Bob Kindred.
This is one of a series of occasional Guidance Notes published by The Institute of Historic Building Conservation (IHBC). IHBC Guidance Notes offer current and recent guidance into topics that we consider crucial to the promotion of good built and historic environment conservation policy and practice. The Notes necessarily reflect knowledge and practice at the time they were developed, while the IHBC always welcomes new case examples, feedback and comment to research@ihbc.org.uk for future revisions and updates.
For links to the Guidance Notes see the IHBC Toolbox
