Listed Buildings Prosecutions Database Commentary

53 on this third charge).The two defendants were each fined £1,250 in respect of each charge – a total of £5,000 and the Council’s plea for costs of £5,438 was reduced to £4,000. (Source: LPA) Windsor & Maidenhead Royal Borough Council [04-2007] 4-5 Park Street, Windsor, Listed Grade 2*. On 16 April 2007 in Slough County Court the Council successfully prosecuted Rigsby Asset Management Ltd (RAML), a Windsor-based property company for unauthorised works. The company pleaded guilty to a total of 21 offences and was fined a total of £91,000, plus the Council’s costs of £32,500. Nos. 4 and 5 Park Street is a pair of substantial Georgian town houses listed in January 1950. They were vacated in 2004 after being in the ownership of local solicitors. During a site visit by Council officers in January 2005 to examine proposals for planning permission and listed building consent made on behalf of Mr. Mark Entwistle, Director of RAML; it became apparent that significant alterations were in progress to both the interior and exterior of the buildings. These including substantial gutting of the interiors; removal of historic lime plaster wall and ceiling finishes including cornice mouldings; removal of floorboards and removal of chimneypieces. Repointed had been undertaken with an inappropriate cement mortar, the roof had been retiled and the stone parapet copings replaced with concrete. The developers and builders, were warned by the Council of the implications of their actions in a series of site visits and was advised that the developer had agreed to halt work but it became clear to officers monitoring the site over the next few months that the work was continuing. In April 2005 the Council therefore in successfully applied to the High Court for an Injunction against Mr. Entwistle and Mr. Tim Smart (the builder) to prevent them carrying out any further work and were awarded £7,000 costs in obtaining the injunction. The Council subsequently laid charges against Mr. Entwistle, Mr. Smart and RAML initially heard in Maidenhead Magistrates Court on 1 November 2006 when all parties pleaded not guilty. Mr. Smart elected to be tried in the Crown Court, and Mr. Entwistle and RAML in the magistrates court. The trial took place in April 2007. Prior to commencement, lawyers for Mr. Entwistle and RAML confirmed that RAML were prepared to plead guilty to a total of 21 of the original list of 31 counts and meet the Council’s costs in bringing the matter to prosecution. After very careful consideration the Council felt that the guilty pleas represented a reasonable reflection of the extensive unauthorised work undertaken; enable the court to deal with seriousness of the offences; and would obviate the need for a full trial on the remaining counts against RAML or against Mr. Entwistle as this would not be in the public interest. The fines imposed by District Judge Vickers, were disaggregated against the various charges, and ranged between £1,000 and £10,000 but £91,000 overall. The Judge imposed higher fines for works undertaken after the Council had issued the first warnings that work should cease. In handing down sentence, the Judge commented, in respect of arguments of mitigation by the defendants, that the company had claimed to have proven track record of working on historic buildings and should have been well aware of the need to consult with Council and obtain the necessary approvals in advance. (Source: LPA) Wokingham Borough Council [08-2015] Boathouse, Val Wyatt Marina Boatyard, Willow Lane, Wargrave, Surrey. Unlisted building in a conservation area. Mr. Ben Caddick and Mrs. Lisa Caddick were convicted of demolishing a historic timber boathouse next to the River Thames dating back to the early 1900s despite being advised by Council planning enforcers that the couple they would need consent because the building because was is in a conservation area. The defendants ignored that advice and officers from the Council stated that the defendants had done this to make way for a large two-storey floating structure to be used as offices for the boatyard. Mr. and Mrs. Caddick and their company Val Wyatt Marine Ltd were prosecuted and found guilty at Reading Magistrates Court on 11 th August 2015 and fined £5,000 each and ordered to pay £3,455 in costs despite Mrs. Caddick stating to the press that the building had not been demolished and was still standing on the property in a different location. She said: "It was moved on the basis of professional advice received by a planning consultant. Wokingham Borough Council were aware of our intention to do this for a month and made four site visits to us during which time they never prevented us from moving it.” She