Listed Buildings Prosecutions Database Commentary

7 window was in such poor condition it needed entirely replacing, but this was disputed by the Council’s conservation specialist who also concluded that the window was not a faithful facsimile and a Listed Building Enforcement Notice was served. Magistrates did not accept the designer’s plea that he had acted in good faith and was fined £2,000 with £375 costs. Ind Coope Retail, the owners of the building were not subject to any proceedings. (Source LPA) Cherwell District Council [02-2005] Palmer’s Cottage, Hethe, Oxfordshire, Listed Grade 2. Considered by Bicester magistrates Court on 12 May 2004. The defendant admitted carrying out the unauthorized alterations but in mitigation stated that he had done the work himself, agreed that he should have obtained approval and that he was in financial hardship with debts of £13,000 (excl. his mortgage and a low annual income of £25,000 as a carpenter and requested a community penalty. The magistrates rejected this and after requesting further information of the defendant’s income, expenditure and mortgage, fined the defendant £5,000 with costs of £350 with the fine to be paid at £350 per month. (Source: LPA) Cherwell District Council [02-2005] 17-18 & 19 North Bar, Banbury, Oxfordshire, Unlisted in a conservation area. The buildings were demolished on behalf of Persimmon Homes (West Midlands) Ltd by BMH Contractors (Clifton) Ltd. Both companied pleased guilty on 10 th February 2005 at Bicester Magistrates Court but a plea of mitigation was accepted that the demolition was done in good faith and in the interests of health and safety. Had this not been so, the magistrates indicated that the case would have been remitted to the Crown Court for sentencing. Persimmon were fined £15,000 for each of two offences plus £11,297 costs shared equally with the contractor, while BMH were fined £13,000 for each of two offences. The contactor subsequently appealed to the Crown Court in June 2005 against the sentence with the fine reduced to £6,000 in each count. The judge stated that although the prosecution was properly brought his main objective was to differentiate between a nationally recognized developer and a relatively small contractor. (Source: LPA) Cheshire West & Chester Council [08-2011] St Werburgh’s Church, Chester, Listed Grade 2. The defendant pleaded guilty on his first appearance in court to theft of lead from the church and did not contest the level of compensation for the damage caused. The local planning authority Conservation Officer Marie Smallwood prepared a full and detailed Heritage Crime Impact Statement. This received favorable comment from the Crown Prosecution Service. The result was a Community Order for 12 months; a curfew requirement for 8 weeks electronically monitored (20:00 to 08:00 hours) and £200 compensation for the damage. (Source: English Heritage)