The Institute of Historic Building Conservation (IHBC) has called for assurances that proper processes are being observed in decisions being taken on the future of Cardiff’s Coal Exchange, a Grade II* listed building designed by Cardiff architect Edwin Seward from 1883 – during Cardiff’s commercial heyday – which faces large-scale demolition following reports that it is in a dangerous state of repair.
David Kincaid, IHBC’s Policy Secretary, said: ‘In ordinary circumstances, legislation requires that, when dealing with dangerous listed buildings, the ‘package’ of responses to the threats faced must include consideration of works that will secure preservation of the fabric.’
‘Indeed, when dealing with listed structures, the matter of preservation must be considered ‘before’ decisions on demolition processes, while the works themselves should be the minimum necessary to secure that safety. This way planning authorities can make sure that important and listed historic fabric is not lost to the community unnecessarily, while also keeping safety issues a priority.’
‘In exceptional circumstances, where there is a threat to safety that requires ‘immediate action’ to be taken, then there is quite rightly an exemption from such conservation considerations. In such cases Section 78 of the 1984 Building Act can be used to justify demolition works without reference to conservation legislation or considerations. However that legislation required that it should be applied only in exceptional circumstances, that is to say in cases where, as the Act says, ‘emergency measures’ apply.’
‘It is not at all clear that such a situation arises in the case of the Cardiff Exchange, not least as the work has not yet been carried out. In that case, a state of such ‘emergency’ presumably cannot exist!’
‘A more appropriate process for dealing with safety matters may be one under which the works to relieve the danger should also be taking account of the statutory duty to consider the preservation of the fabric’s historic interest. That would be the case if Section 77 of the Act was in operation, for example.’
‘The IHBC, as a professional body concerned with the proper management of our listed buildings, would want the local authority to be clear about its duties here under statute. If the situation does not clearly demand emergency measures, then formal consideration must be given to the fact that the building is listed in advance of any final decisions being taken on the plans for dangerous works. If emergency measures are justified, then the justification must be clear, transparent and properly documented. In either case, any justification must include input from informed practitioners with the appropriate specialist skills for dealing with historic fabric of this sort and in this state of repair’.
‘For example, ‘It is reasonable to expect that input by appropriately skilled practitioners should inform all stages of these decisions, so that we can avoid the pointless loss of some of Cardiff’s finer commercial interiors and fabric.’
NOTES
Note 1: Section 56 of the Planning (Listed Buildings & Conservation Areas) Act 1990, requires local authorities to consider its powers for urgent works or repairs notices before those under relevant Building Acts. The only exception is where ‘emergency measures’ are required to ensure safety, when ‘immediate action should be taken to remove the danger’. Only in that case are measures Section 78 of the 1984 Building Act is justified, and these are exempt from ordinary conservation statute.’
Note 2: Welsh Office Circular 61/96 (Planning and the Historic Environment: Historic Buildings and Conservation Areas), paragraph 123 states: ‘ Local planning authorities may not consider making a dangerous structures order for listed buildings, buildings subject to building preservation notices and buildings in conservation areas unless they have considered, as an alternative, whether to exercise their powers under Sections 47, 48 or 54 of the Act relating to repairs (Section 56). Even when they consider that a dangerous structures order is appropriate, the works specified in such an order relating to such buildings still require listed building consent.’
