LAW & PRACTICE DEMOLITIONS IN DARLINGTON: Stage V of the Darlington Ring Road required the demolition of 41 Coniscliffe Road, 31-34 and 37A Bondgate, all listed, together with Larchfield House and St. Augustine's Primary School, unlisted buildings in conservation areas. The final stage of the ring road had been included on two Structure Plans and an adopted Local Plan. The Inspector, K G B Lytton BArch (Hons) RIBA made reference co the Steinberg case and to the importance of preserving or enhancing the charaaer of a conservation area and also to Section 56(3) of the Act requiring local authorities, when considering the granting of planning permission or listed building consent for any works affecting a listed building or its setting, to have special regard co the desirability of preserving the building, or its setting, or any features of special architectural interest it possesses. The Inspector considered, in the light of the Steinberg case, that if the evidence adduced at the Inquiry successfully changed the assumptions upon which the Stage V was based then inclusion in the Structure Plan cannot be regarded as an overriding criterion. The Inspecror went on to consider the merits of the listed and unlisted buildings and in particular the damage which the proposals might cause to the rownscapeand the APPEAL DECISION way in which the buildings reflected the historic pattern on the medieval settlement. One particular reference is made to a modern BT building as being "totally devoid of architectural merit and entirely out of sympathy in its scale,form and fenestration with the hiscoric buildings of Bondgate"; this building is in part screened by the listed buildings, the demolition of which "would noticeably detract from the quality of the street scene and from the setting of the remaining, neighbouring listed buildings". Consideration was given co the costs benefits of the completion of the ring road and co the detrimental effects of the airborne traffic pollution upon residential properties, rogether with noise and vibration which "would significantly erode the quality of life which the residents of this street now enjoy". In confirming the Inspeccor's recommendations co refuse listed building and conservation area consents and not co confirm the ClassifiedRoad order or the Compulsory Purchase Order, the Secretary of State had regard co Circular 8/87 and Sections 56(3) and 277(8) of the Town & Country Planning Act 1971 (as amended) and accepted that the inclusion of the road scheme in development plans and the grant of planning permission are cogent arguments in favour; however" ... the benefits that would follow from the completion of the ring road arc insufficient co outweigh the extremely serious environmental damage that would be caused by both the loss of the listed buildings and the buildings in the conservation areas." The Secretary of State considered that ••... it is desirable to preserve the listed and unlisted buildings". This important decision means that unbuilt road schemes from the 1960s and 1970s (or even earlier) can no longer be considered to be set in tablets of scone. The DoE references are N/5195/270p/ 59,60 and 61 and N/5195/443p/6 & 7 dated 29June 1990. I am indebted roJill Kerr for bringing this decision co my attention. Peter Richards WANTED-ANY RECENT STEINBERG DECISIONS Steinberg is frequently cited as a test case. Very few subsequent appeal decisions based specifically on Steinberg have been published. Cases are urgently needed. Any appeal decision letters (and supporting documents where appropriate) to Bob Kindred urgently please. MEANS TESTED IMPROVEMENT GRANTS Now we know what is in score for the Housing Renovation Grant system - means testing and problems for listed buildings. After the Government was forced co delay implementation of the Local Government & Housing Act 1989 by three months because it is such a labyrinthian piece of legislation the accompanying Circular 12/90 appeared just 10 days before the Act can1einco force on 1July. The circular is 82 pages long. No wonder Housing and Environmental Health Departments have been pulling their hair out! In past issues of Context, concern has been expressed about the likely impact of the 1989 Act on listed buildings. Although the DoE had commendablyincluded a definition of listed buildings in the 1988Housing Act, the ACO had expressed concern when this did not appear in the draft of the 1989 Act. Furthermore, it does not appear in the version which received Royal Assent nor in the final version of the new Circular. CONTEXT 27 Once again the DoE has failed co take building conservation matters sufficiently into account or co co-ordinate its own policy advice. Circular 8/87 paragraphs 144-148 make it very clear that (under the old system at least) the Renovation Grant system grants could be a useful means of assisting owners or tenants of listed buildings and buildings in conservation areas. This is of critical importance co those Conservation Officers whose local authorities operate without a specific conservation budget. The specific higher eligible expense limits for listed buildings have now been abolished. There is now no upper limit but Conservation Officers will have co ensure that Environmental Health or Housing Officers are aware of the nature and extent of the extra costs of properly repairing listed buildings. Many local authorities will not be carrying out formal inspections under the new Act in the first instance because of the serious implications for applicants. Most Authorities will first vet an applicant's ability to pay (the application forms and accompanying notes are 18 pages long). Where a formal application is accepted, the local authority has a duty to inspect for unfitness. If for any reason the applicant decides not to proceed, the EHO still has a duty co act either by serving a Notice that the property must be brought fully up to standard or by serving a closing order on the dwelling as being Unfit for Human Habitation. Remember, everything over the fitness standard is discretionary. Don't expect much Housing money co go into grants beyond what is mandacory (ie unfit). In practice the inevitable result of the Act will be that many-people will be deterred from applying for help. The.re will be a consequent further deterioration in the condition of residential listed buildings. 31
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