WHERE HAVE THE IMPROVEMENT GRANTS GONE? Implications of the New Housing Bill If you are using renovation grants under the Housing Acts to help repair domestic Listed Buildings, you could be forgiven for missing the implications for the repair grant system contained in the new Housing Bill. The new Bill will probably be tabled during the next parliamentary session and the Government is anxious to speed it into the Statute Book. Consequently there will be very little time for its content to be debated. Its form is unlikely to change from that set out in the recent DOE Home Improvement Consultation Paper. This proposes to use what scarce public money there is for housing more effectively and to overhaul the repair grant system. Not surprisingly the local authorities role is downgraded. There is to be greater emphasis on using the skills and resources of the private sector. In particular, the Government expect the repair and improvement to come increasingly from the "imaginative loan packages" now on offer from the building societies and banks. Try explaining that one to an aged occupant of a Grade II* delapidated hovel! At least it is acknowledged that "Where owners are unable to afford the full cost of essential repair and improvement work, the Government accepts that help should be given through a reformed system of improvement grants. Primary legislation will be needed to target grant to those people who need it, encourage better take-up of grant, and to lever in private investment". The consultation states an intention to reduce the present four-tier hierarchy of grants to a simple, single mandatory grant to bring property up to a new standard of fitness. This will reduce flexibility where Listed Buildings are concerned and may create conflicts between appropriate forms of repair and as yet undefined new fitness criteria. Above this new mandatory grant level, assistance will be at the local authority's discretion. It is to be hoped that the Government will raise the eligible expense limits for grants on Listed Buildings in recognition of the demonstrably higher building costs. Where house prices are rising quickly the discretionary grants will be repayable to the local authority. The present assessment of eligibility for grants based on rateable value will be replaced by a means test of a householders resources and the ability to pay will be set against the level of work needed. GIA's and HAA's will be replaced by a single type of statutory renewal area where local authorities will be expected to widen the mixture of repair and redevelopment. Enveloping schemes will be replaced with new block repair provisions but it will be possible to use these outside the new designated areas so that they could be used in Conservation Areas. Closing date for comment to the DOE was January 4th. Do you know how your authority responded? Further views from members would be welcome for publication in the next issue of Context. Bob Kindred, Ipswich BC DANGEROUS STRUCTURES AND LISTED BUILDING LEGISLATION Listed Building legislation provides that a building which is Listed or situated within a Conservation Area may not be demolished, or in the case of a Listed Building, even altered, without express consent, otherwise a criminal offence is committed. In the past the provisions of Sections 77 and 79 of the Building Act 1984enabled Local Authorities to serve a 'Dangerous Structure Notice' on buildings regarded as potentially dangerous or detrimental to the amenity of an area because they were in a dilapidated condition. This required the owner of such a building to demolish or make it safe within a specific time, and without the benefit of Listed Building Consent. To help overcome problems which had arisen when Dangerous Structure Notices had been served in respect of Listed Buildings or unlisted buildings in a Conservation Area the Housing and Planning Act 1986 introduced a new Section into the Town and Country Planning Act 1971 - Section 56c. Now, before taking any steps with a view to the making of a Dangerous Structure Notice, the Local Authority must consider whether they should exercise instead their powers under Sections 101, 114 and 115 of the Town and Country Planning Act 1971 relating to repairs. A new Sub-Section has also been added to Sections 77 and 79 of the Building Act 1984, and Sections 62, 65 and 69 of the London Building Acts (Amendment) Act 1939, to provide that these Sections have effect subject to the provisions of the Town and Country Planning Act 1971 relating to Listed Buildings, buildings subject to Building Preservation Notices and buildings in Conservation Areas. Section 78 of the Building Act 1984 deals with cases where immediate action to remove the danger has to be taken by the Local Authority itself. The works carried out must be the minimum required to alleviate the danger and must be at minimum cost in order to recover the expense from the owner. This will normally infer demolition or partial demolition. However, the Housing and Planning Act 1986 strengthened the provisions of the Town and Country Planning Act 1971 relating to prosecutions for works to Listed Buildings, buildings which are the subject of a Building Preservation Notice and buildings in Conservation Areas undertaken without express consent. In proceedings for an offence under Section 55(6) it is a defence to prove all of the following matters:- (a) that works to the building were urgently necessary in the interests of safety or health, or for the preservation of the building; (b) that it was not practicable to secure safety or health or, as the case may be, to preserve the building by work. of repair or works for affording temporary support or shelter; (c) that the works carried out were limited to the minimum measures immediately necessary; and (d) that notice in writing justifying in detail the carrying out of the works was given to the Local Planning Authority as soon as reasonably practicable. If a Council or Council Officer exercise their powers under Section 78 on a Listed Building, a building which is the subject of a Building Preservation Notice or a building in a Conservation Area, and they cannot make a defence under Section 55(6) of the Town and Country Planning Act 1971, then they are guilty of an offence. This means that it is necessary, when exercising the powers under Section 78, before considering demolition to consider whether it is practicable to carry out repair works or works for affording temporary support or shelter, provided this can be done without risk to health or safety. It should be noted that action under Section 55 of the Town and Country Planning Act 1971 can be initiated against the Local Authority by individuals, Amenity Societies or even English Heritage. Trevor Houseago, Leeds CC 14
RkJQdWJsaXNoZXIy MjgyMjA=