Cheltenham Borough Council has successfully taken legal action following unauthorised works to a listed building in the town, with the result the outcome of investigation work by the Planning Enforcement and Conservation teams, securing a conviction against the then owner, Mr. Peter James Caldwell, a Chartered Surveyor.
The listed building, 24 Promenade, was the subject of extensive internal alterations which Mr. Caldwell carried out, contrary to advice provided by the Council.
Following the guilty plea, the court confirmed the conviction for the criminal offence and fined Mr. Caldwell accordingly. In addition, Mr. Caldwell was ordered to pay the Council £3,000 to cover legal costs.
The verdict demonstrates the Council’s commitment to ensuring that breaches of planning control do not go unpunished and that those responsible are brought to account.
Background:
Cheltenham’s nationally recognised historic environment includes over 2,500 listed buildings, the core of the town’s built environment of today. These buildings are of great architectural interest. The council considers them of the utmost importance and has a duty to protect them.
The unauthorised works resulted in the stripping out of historic building fabric and partitions across three floors without consent, which is a criminal offence under the Planning (Listed Buildings and Conservation Areas) Act 1990. 17 separate charges were brought against Mr. Caldwell by the council at Cheltenham Magistrates Court on 8 February 2011.
The case was complex and was scheduled for a two day hearing because Mr. Caldwell initially entered a not guilty plea. However, within an hour of the start of the trial, he changed his plea and pleaded guilty to a reduced charge. This was thanks entirely to the well constructed and detailed prosecution case presented by the Council, which was remarked upon by the presiding District Judge.
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