CONTEXT 21 - January 1989

ACO BUSINESS NEWS CIRCULARS TO A.C.O MEMBERS Members who were surprised to receive a circular letter from Bath City Council soliciting applications for two posts can rest assured that it remains A.C.O. policy to oppose commercial use of the membership list, so you will not be deluged by junk mail! Our quarterly deadlines do not enable us to carry many job adverts and in this instance Bath wished to canvass a wide field, which we considered acceptable. S.P.A.B. REPAIR COURSE 1989 The A.C.O. is sponsoring one place on the next S.P.A.B. Repair Course for any member of A.C.O. who can make a good case for wanting to learn about the repair of historic buildings from some of the country's leading professionals. It will be held in London from 17th to 22nd April 1989. If you would like to attend you must write to Liz Marten, the A.C.O. secretary, before Monday 20th February. THE CARNWATH REVIEW OF PLANNING ENFORCEMENT In the Autumn the Secretary of State announced a wide-ranging review of planning control enforcement powers under Parts V and XII of the 1971 Act. This is being undertaken for the D.o.E. by Robert Carnwath Q.C. This wide ranging review is long overdue. A condensed version of the A. C. 0. 's formal response is set out below. The D.o. E. will be publishing all responses in due course and it is hoped that the Government will act quickly on the recommendations to be made to him shortly. RESPONSE TO THE CARNW ATH REVIEW OF PLANNING ENFORCEMENT The following is an edited version of the A.C.O. response to the Carnwath Review on Planning Enforcement. This was prepared by the law and Practice Group, and took into account discussions at the recent Epping seminar on Listed Building legislation. The Response It is clear to the Association of Conservation Officers that changes are required in the law relating to listed buildings, which relies in part on planning enforcement powers. Listed building enforcement is so fundamentally different in many respects from planning control enforcement that it requires entirely separate consideration One obvious fault of the present system is the lack of effective powers to "freeze" a situation at the earliest possible moment, and to preserve the building (and the evidence) pending full consideration. Our response sets the need for such powers into the wider context of the law and practice relating to listed buildings. In the Association's Review we will develop proposals for appropriate powers and procedures. The Association's Review of the law and practice relating to listed buildings will include a detailed analysis of enforcement requirements. Options to be considered will include different or additional powers, as well as the strengthening of existing powers and procedures. The initial view in relation to enforcement powers is that, in the short-term, further powers are required: (a) to immediately prevent destruction or removal of all or any part of a listed building, and any unauthorised or inappropriate works: (b) to regulate works being carried out, where appropriate; and (c) to enable appropriate steps to be taken to protect listed buildings where any works are being or have been undertaken, or where any destruction or removal has occured or is likely to occur. Such further powers should where appropriate, be accompanied by review and or appeal procedures in order to ensure a balance between public enforcement requirements and private interests. The Association's Review will include an analysis of the kinds of informal action taken by local authorities prior to formal enforcement action, and of the advantages and disadvantages of the various practices followed. The Conclusions of the Review may make reference to the desirability of an integrated approach, with statutory enforcement powers providing for regard to be had to any Codes of Practice which may be issued. ADVISORY PUBLICATIONS BY LOCAL AUTHORITIES Following requests for examples of advisory publications by local authorities in CONTEXT last Summer, there has been a slow but steady accumulation of leaflets, booklets, pamphlets, broadsheets and handouts in all shapes and sizes. There has also been an intermittent flow of requests for information on such publications, so clearly a register is needed by other organisations than A.C.O. I have been reluctant to compile a final register until I have a representative collection. This, I think, now exists and I shall be publishing the register and analysis in the next CONTEXT, or as a separate mailing. In the short term, we hope that authorities who want to publish advice on design, materials, repair, legislation and all other aspects of good conservation practice will be able to find out who has done what, where, when and in how many colours; and consequently will be able to pick brains, avoid pitfalls and be inspired to break new ground if necessary. That is the short term aim; in the long term, we hope that the best may be able to be used by ourselves and/or English Heritage to provide a series for national reference. Jenny Pearce 25

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