16 LAW & PRACTICE for fixtures and fittings should be strengthened. The wording of the magistrates' statement is given below. Any further information may be obtained from Robert Ladd at Mendip District Council, telephone 0749 3399 ext 320. "We find you guilty of two of the three informations. "We have decided on the facts about which we have heard evidence that the defendant, by instructing Christies to auction the contents, caused the removal of two of the items - the AUTONOMY OF CHARITABLE TRUSTS UNDER THREAT If you are involved with a Building Preservation Trust which has local authority representation by officers or members or both, I hope you will also have been challenging the proposals set out in Part V of the Local Government & Housing Bill. This is an update on more recent developments. Up to 25 BPTs could be affected but other types of Trust, for example those involving historic churches, working museums or archaeology, could be equally affected. Part V deals with companies in which local authorities have an interest. If a Trust therefore has financial assistance from a local authority, or has nominees on the board of directors, it is likely to be deemed under the bill to be "under local authority control". Section 59 gives the Secretary of State powers to "regulate, forbid or require the taking of certain courses of action", the implications of which could be enormous. These powers could dilute the autonomy of the directors and could interfere in the charitable status of the Trust. Local authorities may also require the Secretary of State's consent before taking particular courses of action which would inevitably impose delay and be an interference in a Trust's autonomy. Section 60 forbids the nomination of anyone to become a member of a company, to appoint directors of a company, permit any officer of the authority to make such nominations, or himself to become or remain a member or director, without the Secovermantle and the fender. We found both these items to be fixtures- " 1. The overmantle not because of the bolts which were only used to secure it but because it was part of the architectural design of the house to quote a phrase mentioned in the case of d'Eyncourt v. Gregory. "2. The fender because it clearly had been affixed at some time and the fact that it may have become loose at the time of auction is not relevant. "Their removal affected the architecretary of State's permission. Regional officers of the ACO were asked to try to contact members affected by these proposals in late May. At the same time the Architectural Heritage Fund circulated its concerns to some of the BPTs it thought might be affected. As a consequence, a number of authorities and BPTs wrote to their MPs and to the DoE urging that the Bill be amended by specifically exempting companies which were also registered charities. The AHF sought assurances that Trusts would be exempt from the provisions of the bill, as the Government had agreed to a specific exemption for Groundwork Trusts. No such assurance was forthcoming. During the Committee stage reading of Part V, ministers showed themselves aware that certain charities would fall within the scope of the bill but were adamant that the Government could not give wholesale exemption to voluntary organisations. They did not directly address a question put by more than one speaker, namely whether a charitable company's capital transactions would be treated differently if they involved funds raised from members of the public, private sector companies or charitable trusts, but implied that irrespective of the source of funds, all the expenditure of a "local authority" company would be set against the local authority's allocation. This could mean that a BPT's borrowing and expenditure in a given year could be counted against a local authority's capital expenditure allocation, which would have serious consequences for a BPT's work. The bill has now completed its report stage in the Commons and is being considered in the House of tural and historical interest of the building. "We felt that the sundial was listed and fell within Section 54(9)6 of the Town and Country Planning Act 1971. Its removal also affected the architectural and historical interest of the building but the defendant did not cause its removal because, following Mr. Ladd's visit to the house on the day of the auction, a disclaimer about the possible need for Listed Building Consent was announced to potential purchasers immediately prior to its auction." Lords from July until October. As the debate has moved to the Lords, English Heritage is considering briefing Lord Montagu to speak. Members affected by the proposals in Part V in any form were urged to lobby Members of the House of Lords to effect a change. At the time of writing, the outcome and therefore the future operational flexibility of Trusts remain unknown. Bob Kindred (Ipswich B.C.) PLANNING CONTROL OVER ADVERTISEMENTS You are all doubtless aware that the new Regulations have now come into force. Earlier this year, the CPRE spearheaded a campaign of objection and ACO was one of the many organisations to add their support. The matter is not closed, however, since the CPRE has contacted a number of MPs who have subsequently expressed concern about the likely impact of the new Regulations. Now the Government has undertaken to review the effects of the provisions. The CPRE is looking, therefore, to compile a dossier of any unfortunate examples resulting from the relaxation of controls and is asking for ACO's help. If, and when, you know of anything, please pass the information, with photographs if possible, to your Regional Officer or send it straight to me to be passed on to Tony Burton, Planning Officer for the CPRE. Liz Marten A CO Hon Secretary (North Herts DC) CONTEXT23
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