A significant and unusual listed building prosecution case has successfully concluded where Huntingdonshire District Council brought contempt of court proceedings.
Bob Kindred, who maintains the National Database of Listed Building Prosecutions and produced the summary below, said: ‘Huntingdonshire are greatly to be commended for initiating the unusual step of contempt proceedings but had little choice given the blatant disregard for the significance of the historic fabric.’
‘This the first case of which the Institute is aware, where this specific course of action has been needed and is an illuminating example for those uncommon circumstances where injunctions are necessary but have been flouted.’
The IHBC has produced a Guidance Note on the use of Injunctions with ‘some case examples, partly because current legislation, regrettably, makes no provision for a Listed Building Stop Notice.’
‘In this case, in addition to meeting the Council’s costs, the owner will have to meet the costs of appropriate reinstatements but risks further action by the Council if this is not done’
Bob Kindred summarised the case as follows:
The case involved Manor Farmhouse, 15 High Street Spaldwick a Grade II listed building dating in part to 1546 and located between two other grade II* listed buildings.
The owner purchased the property September 2014 and within 2 weeks of ownership had removed external render and lath and plaster ceilings. Although requested to stop work by the Council, the owner declined to do so and a temporary injunction was obtained to prevent any further damage.
The injunction fell away on 15th October 2014 when the owner gave an undertaking in the County Court not to 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 works continued without consent and despite further Council warnings.
On 11 November the owner appeared Peterborough County Court and admitted twenty 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, internal fixtures and the insertion of new second floor accommodation.
Contempt of court proceedings are a very serious matter and the owner was found guilty and given a 6-week suspended sentence and ordered to pay £25,000 towards the Councils costs.
A Listed Building Enforcement Notices will now be sought to secure the reinstatement of the fabric of the building and it would be open to the Council to initiate further proceedings if the Notices are not complied with.
For IHBC Guidance Notes and Research Notes see our Toolbox
Access the Bob Kindred’s Listed Buildings Prosecutions Database Commentary
For more background see the Cambridge News
