Ironstone plinth being,-eplacedwith limestone,and new left-handdouble-glazedsashwindow, recommenced or che owners threatened to selL It seemed right that time should be allowed for research and well considered plans to be drawn up and approved before works recommenced, and active discussions maintained with the CounciL With hindsight it might have been better to cake enforcement action immediace1 y the unauthorised works were discovered, but at the time there was a fine line between 'repairs' and alterations, Negotiation seemed better than immediate confrontation, but the problem of knowing exactly who to enforce against remained, Even after cwo years the LPA is still noc certain exactly who ouc of the dozens of people it dealt with was ultimately responsible for the HalL Perhaps no-one was, and chat was the problem, le might be asked why the LPA did not seek an interlocutory (ie urgent and temporary) injunction in the courts to stop che works, Apart from rhe coses involved there were other considerations: (i) an injunction is discretionary and rhe courts might nor have confirmed ic, especially if they were satisfied that rhe works being carried ouc were 'repairs'; (ii) positive injunctions, ie chose making rhe owners rectify their unauthorised works, are not easy to obtain, especially at interlocutory stage, The most such an injunction could have achieved would have been to bring abouc che cessation of rhe unauthorised works, This was eventually achieved through dialogue; (iii) proceedings would have brought an end to dialogue, The LPA felt chat cooperation would be in the best interests of the building If an owner/agent/contractor is determined utterly co disregard rhe legislation then he will do so, The law, even if enforced, cannot prevent the continuation of unauthorised works if the owner/agent is determined, If negotiation and threats of enforcement are noc effective, issuing Enforcement Notices may nor be effective either, Much damage can be done even in the rime taken co prepare and issue Enforcement Notices, CONTEXT 32 The Baggrave situation was unusuaL There appeared to be no financial restraints on works co the property and estate, The knowledge that funds existed co rectify the damage done initially was encouraging during the prolonged negotiations, The financial crash of the owner's business in October 1990 was nor foreseen, It brought all plans and negotiations for the Hall and escare to an end, The potential financial base for restoration and reccificarion works to che Hall dissolved, Pursuance of Enforcement would then not have beneficed che HalL In normal circumstances the existence of Enforcement Notices, which apply ro subsequent owners, would have been such a deterrent co a purchaser char rhe owner would not have been able to sell rhe property, bur rhe Baggrave estate was sold within a month, Amicable negotiations with rhe new owner to rectify and restore the buildings have started ,,, LESSONS The lessons that could be learned from this affair are: (i) Be active in visiting or pursuing any contact when it is known char a major building has changed ownership and refurbishment is likely, (ii) Insist on full survey and proposal plans if even rhe smallest alteration is proposed, This will ensure that the owner/contractor actually has some plans on which co base his repair schedules and proposals for rhe building, (iii) Try to establish from rhe beginning who is effectively in charge, (iv) If things appear ro be going wrong, don't rely on good will; initiate Enforcement proceedings without delay, (v) If the agent appears indifferent and ignores all requests for co-operation, contact the applicant direct, even if distant and corporate, (vi) Keep uppermost in your mind the question whether enforcement or negotiation will be besc for the building, (vii) The LPA is in a strong position if it negotiates with an owner who knows that enforcement action will be taken against him unless he makes acceptable proposals, Rosalind \'(li/fatts is Comervation Officer at Harborough District Council, Leicestershire. The views expressedare her own and not thoseof the Council. COVER STORY Getting an owner co do something with a major problem building is often very difficult, Cobham Mausoleum was designed in 1783 by James Wyatt for the Earl of Darnley but was never consecrated, It is a very early example of redundancy, Permission for conversion has been granted on appeal but so far nothing further has happened, 13
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