{"id":14621,"date":"2017-01-06T17:45:29","date_gmt":"2017-01-06T17:45:29","guid":{"rendered":"http:\/\/ihbconline.co.uk\/newsachive\/?p=14621"},"modified":"2017-01-06T18:44:50","modified_gmt":"2017-01-06T18:44:50","slug":"ihbc-challenges-low-fine-of-20k-in-un-supported-and-illegal-gii-demolition-makes-demolition-a-viable-development-option","status":"publish","type":"post","link":"https:\/\/newsblogs.ihbc.org.uk\/?p=14621","title":{"rendered":"IHBC challenges low fine of \u00a320k in un-supported and illegal GII demolition \u2013 makes \u2018demolition a viable development option!\u2019"},"content":{"rendered":"<h3><a href=\"https:\/\/newsblogs.ihbc.org.uk\/wp-content\/uploads\/2016\/09\/IHBC_ProsecutionsDB-e1483724625603.jpg\"><img loading=\"lazy\" decoding=\"async\" class=\"alignright size-medium wp-image-13653\" src=\"https:\/\/newsblogs.ihbc.org.uk\/wp-content\/uploads\/2016\/09\/IHBC_ProsecutionsDB-232x300.jpg\" alt=\"IHBC webpage\" width=\"232\" height=\"300\" \/><\/a>A man who \u2018off his own bat\u2019 demolished his Grade II listed cottage &#8211; Nutter Cote Farm in Yorkshire &#8211; has been fined \u00a317,500 (with some \u00a33000 in costs), a fine so low that the IHBC considers it could make such heritage demolition \u2018a viable development option\u2019 despite its criminality.<\/h3>\n<p><!--more--><\/p>\n<p>The IHBC\u2019s national Chair, James Caird, and Policy Committee Chair, Roy Lewis, issued a joint statement saying: \u2018The IHBC is extremely disappointed at this low level of fine, which is wholly inadequate as a disincentive to people intent on demolishing listed buildings without either skilled professional assessment or listed building consent.\u00a0 Such low fines make demolition a viable development option!&#8217;<\/p>\n<p>\u2018Destruction of our built heritage in this manner is irreversible as well as criminal, and should be taken much more seriously by the courts.\u2019<\/p>\n<p>IHBC Research consultant Bob Kindred \u2013 who maintains the IHBC\u2019s database listing such prosecutions \u2013 also noted his surprise at the small size of the fine, not least\u00a0given the owners un-supported\u00a0decision to demolish.\u00a0 He said<em>:<\/em> \u2018The Institute is aware of other cases where the fine and costs have together totaled around \u00a3200,000, which would seem to be a more appropriate amount for an illegal act of this nature\u2019.<\/p>\n<p><strong>Background<br \/>\n<\/strong>David Eckersall had permission to extend his Grade II listed home in Thornton-in-Craven but pulled it down while his elderly neighbours, Geoff and Joan Peel, were on holiday.\u00a0 They returned home in April to find extensive damage to their home of more than 30 years and were forced to move out.\u00a0 The roof of their dining room had been removed and the outside wall of their bathroom replaced by a plasterboard sheet.<\/p>\n<p>Judge Colin Burn said it was not possible to prove or disprove Eckersall&#8217;s claim that he only knocked down the building when it was clear there were severe structural failures emerging from the work he was doing.<\/p>\n<p>He said the defendant then took the \u2018catastrophic decision to knock down the whole building\u2026 You took the decision off your own bat to take down a Grade II listed building\u2019.<\/p>\n<p>The judge decided not to compensate Mr and Mrs Peel after hearing about ongoing litigation as any financial award he made could affect the total they are awarded by other authorities or courts.<\/p>\n<p>The judge did note the irony that the best solution to Mr and Mrs Peel&#8217;s building issues would be to let Eckersall rebuild his property, and said: \u2018If such a property were to be built you [Eckersall ] would, in effect, be profiting from your criminality.\u2019<\/p>\n<p>Read more at <a href=\"http:\/\/www.bbc.co.uk\/news\/uk-england-york-north-yorkshire-38519295\" target=\"_blank\">BBC News<\/a>, <a href=\"http:\/\/home.bt.com\/news\/uk-news\/builder-who-demolished-grade-ii-listed-cottage-without-warning-fined-11364130589601\" target=\"_blank\">BT UK News<\/a> and <a href=\"http:\/\/www.dailymail.co.uk\/wires\/pa\/article-4092366\/Builder-demolished-Grade-II-listed-cottage-without-warning-fined.html\" target=\"_blank\">The Daily Mail<\/a><\/p>\n<p>See the <a href=\"http:\/\/www.ihbc.org.uk\/resources_head\/index.html\" target=\"_blank\">IHBC\u2019s Prosecutions database<\/a> (follow the links)<\/p>\n","protected":false},"excerpt":{"rendered":"<p>A man who \u2018off his own bat\u2019 demolished his Grade II listed cottage &#8211; Nutter Cote Farm in Yorkshire &#8211; has been fined \u00a317,500 (with some \u00a33000 in costs), a fine so low that the IHBC considers it could make &hellip; <a href=\"https:\/\/newsblogs.ihbc.org.uk\/?p=14621\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[],"class_list":["post-14621","post","type-post","status-publish","format-standard","hentry","category-ihbc-newsblog"],"_links":{"self":[{"href":"https:\/\/newsblogs.ihbc.org.uk\/index.php?rest_route=\/wp\/v2\/posts\/14621","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/newsblogs.ihbc.org.uk\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/newsblogs.ihbc.org.uk\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/newsblogs.ihbc.org.uk\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/newsblogs.ihbc.org.uk\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=14621"}],"version-history":[{"count":2,"href":"https:\/\/newsblogs.ihbc.org.uk\/index.php?rest_route=\/wp\/v2\/posts\/14621\/revisions"}],"predecessor-version":[{"id":14628,"href":"https:\/\/newsblogs.ihbc.org.uk\/index.php?rest_route=\/wp\/v2\/posts\/14621\/revisions\/14628"}],"wp:attachment":[{"href":"https:\/\/newsblogs.ihbc.org.uk\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=14621"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/newsblogs.ihbc.org.uk\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=14621"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/newsblogs.ihbc.org.uk\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=14621"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}