Ann Rostron draws on experience in Norwich in applying Repairs Notices in ways which achieve the desired ends. REPAIR NOTICES APPROACHES TO THE PROBLEM The legislation places on the owners of listed buildings responsibility for keeping their property in a proper state of repair. However, some owners find it easier ro ignore the problems, particularly when buildings fall into disrepair, and unless pressure can be brought ro bear the fabric will continue ro deteriorate and become an entry on the Conservation Officer's list of threatened buildings. The situation is often made more difficult to resolve by the circumstances of the owner, perhaps an elderly widow, small local businessman or absentee landlord, who financially or psychologically cannot face up to the problems but equally cannot bring themselves to sell it on. In other cases, the building may be owned by a larger organisation, a property developer or brewery for example, as part of an investment holding - again it may be inconvenient to make decisions about repair or disposal for financial or other business reasons. USING A S.48 NOTICE After the initial exchange of letters - assuming that the owner replies, which cannot always be guaranteed - how is the necessary leverage exerted to force the owner into action' What are the consequences of taking positive action? How can you persuade your Committee to back your recommendations' Here in Norwich, good use has been made of the s 48 Repairs Notice procedure, followed up by Compulsory Purchase Orders under s 47, where necessary. The arrival of an official notice can achieve surprising results. In many cases, simply advising an owner that Committee has authorised the serving of a Repairs Notice has brought him or her to negotiate either repair of rhe building or disposal to a new owner. In other cases, it has been necessary to serve the Notice to achieve a response and even to. proceed toward compulsory purchase. Although owners have appealed, never - to dare - has the Council reached a public enquiry. Dates have been fixed, postponed and re-fixed, but at the CONTEXT 32 eleventh hour the owners invariably cooperated. The only CPO to be confirmed was unopposed by the owner. We are still negotiating to agree a purchase price bur failing this the Council will have to take possession under a 'General Vesting Order', at a price fixed by the District Valuer. So the first lesson to be learned is to reassure nervous Committees that in most cases there is no need to proceed to the final CPO stage. Even where CPOs are served, they are not always implemented and therefore the financial implications are likely, in practice, to be minimal. PURSUING A NOTICE TO ACQUISITION There are many reasons why owners avoid CPOs: dislike of adverse publicity, likelihood of a better financial return if the property is sold on the open marker, or finally facing up to the repairs. However there may be cases (which will probably be apparent from the start) where the owner will wish to negotiate a sale to the Local Authority and pass on the repairing liability, particularly where the poor state of the building or its situation make its sale on the open marker unlikely. In these cases, funding will have to be found, nor only for the purchase of rhe building bur also for its resroration and long term maintenance. FINANCIAL PLANNING For those properties which are ro be acquired by the Local Authority a long term plan will be needed from an early stage, starring with a simple viability study. This will show when funding will be needed and give an idea of the amounts involved for acquisition, fees (for architects, solicirors, agents), interest on loans, cost of renovation, and on the credit side income from grants, proceeds of sale (if applicable) and future rental income (which can finance a long term loan or mortgage). To progress the project it will be vital to ensure that funding is available at the appropriate time. Whether rhe building is to be restored by the Local Authority or passed on to a trust or sympathetic developer, finance will have to be negotiated with a funding organisation. For a Building Preservation Trust, development capital can be obtained from the Architectural Heritage Fund at low interest rates, to support at least part of a project, bur it is essential to plan ahead. The same applies to grants, available from the Local Authority and English Heritage, or perhaps from an independent grant making body. An important and essential ally in persuading the Council to proceed with as 48 Notice is the Local Authority Treasurer, who must understand the objectives and be fully briefed on the timescale and financial aspects. This is nor an easy area to cover and will require the best negotiating skills to be employed - it is obviously far simpler if the Treasurer involved is sympathetic to the objectives. Even with goodwill, it will be important for the Conservation Officer to ensure that the Treasurer makes provision in the Council's estimates and carries it forward when the inevitable delays push the project into a later year! A watchful eye must be kept on the budget papers as the year passes. A crucial period, for example, is in the early autumn when bids are made for the following year. One difficulty with a CPO is to predict exactly when the purchase will take place. In previous years it was rel9
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