Context 161 - September 2019

32 C O N T E X T 1 6 1 : S E P T E M B E R 2 0 1 9 of course, on availability of finance to those bodies. He saw some potential for protection in heritage partnership agreements, introduced under the Enterprise and Regulatory Reform Act 2011, and in conservation covenants when they are introduced. Buildings-at-risk registers provide a means of assigning priorities. Legal powers to protect buildings are available but none offers a perfect solution to buildings under threat. Spot listings need to meet the national listing criteria and building preserva- tion notices can offer temporary protection. Certificates of immunity from listing under section 6 of the 1990 Act can be requested by any interested party. Urgent works notices are available to the local authority to carry out works urgently necessary for the preservation of a listed building. The effect of the notice is limited to parts of the building not in use. Hewitson suggested that this may include the roof void, thus enabling works in default to be carried out to the roof. Repairs notices can be used for works reason- ably necessary for the proper preservation of a listed building. They must be accompanied by a detailed and precise specification. In default the local authority may compulsorily purchase the building. The owner may apply for a staying process within 28 days if works are in progress. Otherwise the procedure is similar to that for any compulsory purchase order. A direction of minimum compensation may be applicable if the neglect can be shown to be deliberate. Hewitson ended his presentation by citing several cases, including the failed use of a Section 215 notice to remedy the painting of a building in Kensington in red and white stripes. Cases such as Pell Wall Hall, Apethorpe and Denbigh Hospital show that effective action can take many years. To many in the audience the lecture would have been mainly revision. But in the context of the day this was a useful summary of the legal framework for tackling the issues aired by other speakers. Michael Taylor SESSION 4: FLOODING Flood risk and resilience James Innerdale, an accredited conservation architect and consultant, spoke about ‘Risk and Resilience: dealing with flooding in old build- ings’. He focused on natural flooding , which he contrasted to flooding caused by stripping lead off roofs and ‘over-zealous fire services’ . Extreme flooding used to occur only once in a generation, Innerdale said, but there had been such flooding in 2005, 2009, 2015 and 2016, with some in the same locations during these periods. Insurance issues were exacerbating problems: policies would only fund reinstate- ment and would not pay for flood resistance measures. Innerdale outlined two flood protection approaches: flood resistance (stopping water get- ting in) and flood resilience (where water comes in, but it can drain away without structural damage). A flood gate and sump pump in action in Staveley, Cumbria (Photo: Alistair Kirkbride)