Listed Buildings Prosecutions Database Commentary

1 LISTED BUILDING PROSECUTIONS This resume is a response to requests from the courts and local planning authorities for additional information about individual cases beyond the standard short summary in the IHBC Listed Buildings Prosecutions Database [q.v.]. Where further material has been made available it is set out for ease of reference below in alphabetical order of the authorities concerned. Readers should bear in mind the dates of cases. Penalties for offences under Section 7 (and more uncommonly S.59) of the Planning (Listed Buildings & Conservation Areas) Act 1990 were increased by the Planning & Compensation Act 1990 with effect from 25th September 1991. Up to that date the maximum fine per offence in the Magistrates Court was £2,000 but after that date fines were increased to £20,000 (but were unlimited in the Crown Court). References to English Heritage pre-date the formation of Historic England in April 2015 ______________________________________________________________________ Aylesbury Vale District Council [10-2014] Church Farm, Stratford Road, Nash Listed Grade 2. Unauthorised work was carried out to the 17th century farmhouse by dismantling the walls and removing the timbers leaving only two partly rebuilt chimneystacks intact. Mr. Simon Lascelles of St Albans, pleaded guilty at Milton Keynes Magistrates’ Court was fined £6,000 and costs of £24,401. The court found significant culpability on Mr. Lascelles’ part, as he was well aware of the statutory significance of the building in architectural and historical terms and knew when the works were executed that they were not authorised, and there was some attempt at financial gain. The prosecution was initiated by the Council after enforcement officers were made aware of the work. In 2010, the Council had applied to the High Court for an injunction to prevent further breaches of listed building control. This resulted in Mr. Lascelles providing a written undertaking to cease unauthorised works until outstanding applications for permission were determined. A temporary stop notice was issued in 2011 requiring the unauthorised works to stop. An Enforcement Notice was also issued requiring certain remedial steps to be undertaken. Later that year, an appeal against the council’s refusal to grant planning permission and listed building consent was dismissed by the Planning Inspectorate, as was an appeal against the Enforcement Notice. (Source LPA) Barnet London Borough Council [01-2000] Totteridge Green, Barnet, North London, Listed Grade 2. Unauthorised alterations were made to two windows in this listed house. The defendant, a celebrated TV doctor had replaced two dilapidated 1950s