26 samples for my approval. The rest are now being constructed. One of the lessons to be learnt from this case is chat if time is allowed for rectifying a situation (to avoid pr.osecucion and enforcement) this will be used against you in court. It will be put to you that "the Council did not take the matter sufficiently seriously" etc. ... "and in any case after all this time it is surely unreasonable to pursue my client . . . .. " etc etc. While there is a four year time limit on planning enforcement, this does not apply to a prosecution where there is no time limit: a crime remains a crime. T.he defendant will maintain of course, chat it could not happen again and procedures have been tightened up since. Originally Caradon Everest brought the defence that the box sashes were replacement windows of their time and had uPVC existed in 1717 it would have been used: perhaps not an unfamiliar line to Conservation Officers. I am personally delighted chat our work has paid off. I am convinced chat it was absolutely right to take the case to Crown Court where fines can be much heavier and, perhaps just as important, the sentence is explained! In the magistrate's court the John Biggs wonders whether a local list is a useful tool or more trouble than it is worth. decision is announced without explanation which is peculiarly frustrating. It is particularly significant that a national double-glazing company has been successfully prosecuted and fined relatively heavily. It is to be hoped chat such companies, large and small, make sure that their salesmen do their jobs properly and avoid such disasters in future. Obviously the replicas will not be as good as the originals: they will have no patina of age. My hope is that this case will act as a deterrent. Martin Andrew, Conservation Officer, Wycombe District Council A LITTLELIST I have a cautionary tale for Conservation Officersintending to include a list of buildings of local architectural or historic interest in their Unitary Plans. I should welcome information or comments from other authorities who have had similar or contrasting experiences. As part of a local plan survey, in Poole, Dorset, a list of buildings of local importance was prepared. The criteria for selection were the same as those for the Statutory List, from Circular 8/87, with che additional consideration of local value. Thus the list includes good Victorian and Edwardian buildings and groups as well as some more modern structures. Owners were informed and invited to comments, and the list was included as an appendix to the Local Plan for che Poole Coastal Area. The Plan also included the following policies: "The Borough Council will maintain a List of buildings that are of local architectural or historic interest. The List will be reviewedperiodically. In considering proposals to demolish, extend or alter buildings of local architectural or historic interest, the Borough Council will, as far as possible, treat chem as listed buildings and have regard co the potential impact of proposals upon their architectural character and setting. The Borough Council will, as far as possible, resist the demolition of buildings that appear on the List of buildings of local architectural or historic interest. In particular cases the Council will serve a Building Preservation Notice in order to safeguard buildings of special character. Where redevelopmentproposalsinvolve the loss of such buildings, the Council will require their replacement with development of a comparablestandard and quality of design. In consideringproposals to alter or extend buildings of local architectural or historic interest, the Council will take care to ensure that features of architectural or historic interest are preserved and that all new work is in keeping with the character of the original building and its setting in terms of design, scaleand materials. " There was one objection to the local list and the inspector, at the local public inquiry concluded that, "it seems to me to be commendable that a careful and detailed assessment has been made and that the policy itself is not unreasonable-the local qualiry of buildings and their contribution to the character of an area I consider to be a proper and relevant matter to be taken into account when development proposals affecting them are put forward." With scarcely a week to go before adoption of the Plan, an owner of one of the buildings on the list wrote directly to the DoE requesting that the Plan be 'called in' on the grounds that the Local List policies were ultra vires and that there had been insufficient public consultation. Alarm was spread far and wide, chat 120 buildings had been 'listed' by the Council and the Community Charge payers lumbered with additional expense. Three other owners, out of the 120 on the list, sent objections to the DoE, as a result of which the DoE issued Poole Borough Council with a holding order, thereby delaying the adoption of the Local Plan. The Local Plan was eventually adopted without alteration, but the authority will probably make amendments to this policy before its inclusion in the forthcoming Borough-wide Local Plan. It would be most interesting to learn of the experience of other local authorities in connection with lists of buildings of local importance. D Do you have a local list? D What· do you call it? Buildings of local character ..... . 0 Is the list included in the Local Plan? 0 What are the policies? D Is the Plan adopted? D Has the list proved useful in securing the retention and/or the sensitive treatment of a building that would have been vulnerable without it? D Did you receive support from owners and the public? Poole's experience has been mixed. Apart from the above episode, local support has been strong and the list has been instrumental in persuading owners, and even developers, of the virtue of more sensitive design, the use of better materials and even to reconsider demolition. The value of the policy is not in question, but the inclusion of the list in the Plan may well have been a mistake. If the list is to be included, the lesson is that all owners of buildings on the list should be specifically notified at all stages of the Plan. I should begratefal to receiveinformation and exchange views with anyone interested in this matter. You can send correspondenceto: John Biggs, Conservation Officer, Poole Borough Council, Civic Centre, POOLE, Dorset EH 15 2RX or you can telephone me on (0202) 675151 ext 3331. Our fax number is (0202) 715344. John Biggs is Team Leader, Urban Design and Conservation,PooleB. C. CONTEXT 36
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