Listed Buildings Prosecutions Database Commentary

8 Dacorum Borough Council [08-2010] Elmtree Farm, Gadston Road, Hemel Hepstead, Listed Grade 2. The owner, Mr. Nicholas Harvey was successfully prosecuted at St Albans Crown Court for fifteen separate offences to the largely 17 th and 18 th Century house. Works included for example: removal of plasterwork, particularly from the wall to the c.1720s staircase; removal of plasterwork to the entrance lobby; replacement of lath and plaster partitions with plasterboard; dismantling and re-erecting the staircase destroying its historic patina, etc. The Judge stated of the defendant’s actions that “The degree of damage is considerable… [the local planning authority] said that you systematically swept through the entire building, removing elements, concealing or damaging others & introducing false elements”. Many changes were quite subtle using second-had timber in three rooms. Most door architraves had been replaced, in some cases concealing carpenters’ marks on the adjacent timber framing. Two chimneypieces had been lost. The defendant was said by the local authority to have spent £40,000 to defend the action. (Source: LPA). A detailed explanation of the works undertaken (with illustrations) and the consequences for the building and for historic buildings policy generally are explained in the IHBC journal Context No.126 September 2012 pp.6-9. Denbighshire County Council [01-2008] Corporation Arms PH, Castle Street, Ruthin, Listed Grade 2. Punch Taverns replaced nine leaded-light windows with plain glass in this 17 th century listed building despite being told not to proceed without consent by Council officers. It had been observed that one of the leaded windows had been removed in early 2005 and the other windows and other internal and external alterations had been carried out later that year without consent. The company originally denied the offences but changed its plea before its court appearance and was fined £11,000 with £7,674 costs by Prestatyn Magistrates Court for what the chairman of the bench described as “a blatant and prolonged disregard of the rules regarding a listed building”. (Source: Daily Press cutting p.7, 16/01/2008) East Devon District Council [10-2015] Talewater Farm, Talaton nr. Ottery St Mary, Devon, Listed Grade 2. Talewater Farm is a 16th century thatched farmhouse with 17th century alterations. The owner Mr Barry Anthony Wright a builder with 25 years experience had applied to the Council for listed building consent to carry out substantial renovation and related building works but this had been granted subject to stringent pre-commencement conditions regarding specifications and materials. In September 2014 Mr. Wright applied to discharge all of the conditions, following which the Council’s Principal Conservation Officer made a site visit and saw that works had already been carried out and were contrary to the approved plans. At Exeter Magistrates Court on 28 October 2015 the defendant pleaded guilty to a total of seven charges for unauthorised works including the removal of two 17th century windows; removal of an oak bressummer beam above a fireplace; non compliance with some of the conditions attached to listed building consent granted in 2010 that required agreement of the specification of plaster and render and specification for the repairs to two plank and muntin screens. The farmhouse had been in the ownership of the Wright family for many generations and that they knew the building was listed. Mr. Wright pleaded guilty to a further offence, regarding his failure to comply with an enforcement notice issued in 2010 requiring him to cease living in a holiday cottage, known as The Cellar, at Talewater Farm. The seven offences each received a fine of £2,500 (total £17,500), plus £2,500 prosecution costs, plus £120 victim surcharge. The total of fines and costs were: £20,120. (Source LPA)