CONTEXT The Association of Conservation Officers No 43 September 1994 1r1 11,,rnn 1r;<rr f:-/1!!\/fll \il\JJ;\,'\ (j()l)lll ~-.. ( I} I' ! Ii( t.,f fs;/1()/ 1,1< \f1 I!) /OH'-.: W()J qL\'1/(!i \H /';()J. ACO Annual School report Preserving the historic towns of Russia
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CONTEXT CONTENTS No43 September 1994 News Editor: Bob Kindred (Ipswich Borough Council, Tel: 01473 262934, Fax: 01473 262974) 4 Henley Road, Ipswich !PI 3FS, Tel: 01473 25944 I Assistant Editor: Gus Astley (Bath City Council, Tel: 01225 461111 ext 2549, Fax: 01225 448536) Manor House, Wells Road, Hallatrow, Brisco!BS18 5EJ, Tel: 01761 453047 Production Editor: Jonathan David, Tel: 01582 763415, Fax: 01582 467480 Context is published quarterly and is distributed co all members of the Association of Conservation Officers. © Association of Conservation Officers 1994 ISSN: 0958-2746 Published for the Association of Conservation Officers by Hall-McCartney Lrd, PO Box 21, Unit 7 Campus 5, The Business Park, Letchworth, Herrs SG6 2JF, Tel: 01462 675848, Fax: 01462 679356 Annual Subscriprion (inclusive of post & packing - UK only) £30.00 Single copy: £10.00 ECONOMIC CONSERVATION Introduction. Michael Pearce Listed buildings, repairs notices and 'back-to-back' deals. Paul Sutton The economics of conservation: Stanhope Co-operative Stores, County Durham. Keith Murray Churches - an economic use' Bob Kindred The historic towns of Russia and problems of their conservation. Vladimir Krogius ACO Annual School York, March 1994. Sarah Higgins Survival. 'Bo Brumhall' Archireccural theft: some new initiatives. Carol Rosier Floors in historic buildings - I 0 15 BC to AD 1994. Ian Hume Case Scudy: What makes a successful Conservation Area Scheme? Bingham Town Scheme. Tony Player and Charles Wagner Conference Report The conservation of historic gardens in Europe. Alan Taylor The Iris Initiative. Jane Robson Shop front security: roller shutters and insurance companies. Peter Hoey Sir Titus. Good and bad conservatories. David Morton M'Learned Friend. Ecclesiastical Exemption. Charles Mynors ACO Business News Books 4 PHOTOGRAPHS IN 7 THIS ISSUE Front cover: Photo: The Editor 9 p4: concrete glasshouse. Photo Robert Parkinson 12 p6: porches. Suffolk Coastal District Council. 13 p6: Bishop Auckland Town Hall. Photo: Durham County Council. 14 p8: back co back deals. Photos: Paul Sutton. 17 pi 2: Stanhope Co-operative Scores. 22 Photo: Durham County Council. 23 ppl4, 15:Suzdal, Russia. Photos: V Brukhansky. ppl 7-22: ACO Annual School. 25 Photos: Sarah Higgins. p24: Norrhwich Park. Photo: Nicholas Kingsley 28 p2G. Floor with trussed beam. Photo: Ian Hume. 30 p29: Bingham Town Scheme. Photos: Rushcliffe Borough Council. 31 32 33 34 The views expressed in Context are nor necessarily those held by the 36 ACO or the publishers. Neither the 40 publishers nor the ACO shall be under any liability whatsoever in respect of contributed articles. The products and services advertised in this publication are nor necessarily endorsed by the Association. THE ASSOCIATION OF CONSERVATION OFFICERS OFFICERS Chainnan: Chris Smith (Stroud Valleys Project Officer, Tel: 01453 753358) Vice-Chairman: Mary King (Liverpool City Council, T d: 0151 -225 5678) Secretary: Dr Richard Morrice (English Heritage, Tel: 0171-973 3132) 23 Savile Row, London WlX JAB Treasurer: post vacant Membership Secretary: James Ross (English Heritage, Tel: 0171-973 3831) Three Bears, Laindon Common Road, Essex CM 12 9TL BRANCH OFFICERS North: Keirh Murray, Tel: 0191-383 3237 ext 2237 North West: Graham Arnold, Tel: 0151-934 2211 Yorkshire: Bob Scriven,Tel: 0113-266 8782 CONTEXT 43 West Midlands: Colin Richards,Tel: 01584 874941 East Midlands: Graham Beaumont, Tel: 0115-924 3060 South West: Paul Dadson, Tel: 01823 255425 South: Julia Smith, Tel: 01296 382823 Consultations Co-ordinator: Graham Steaggles (East Hampshire District Council, Tel: 01730 266551, Fax: 01730 267366) 54 Pulens Lane, Sheer, Petersfield, Hams GU31 4DD, Tel: 01730 266653 Publicity Officer: Alan Taylor (Staffordshire County Council, Tel: 01875 277282) 15 Village Gardens, Walton on the Hill, Stafford ST17 0LL, Tel: 01785 664473 East Anglia: John Preston,Tel: 01223 358977 ext 2630 South East: Rob Fraser.Tel: 01273 712619 London: RosemarieMcQueen, Tel: 0171-798 2519 Scotland: Debbie Robertson,Tel: 0131-529 3913 Wales: Neil Sumner, Tel: 01222 820028; Claire Deacon, Tel: 01437 764591 ext 5129 Northern Ireland· Lawrence Minogue, Tel: 01232 235000 ext 279 3
4 NEWS EDITORIAL By the time this issue appears you will all no doubt be making full use of your copies of the new PPG 15 but, as I write, the Order to make it approved Government guidance on historic buildings and conservation areas has yet to be laid before Parliament. The path leading to the final document was long and tortuous. Your Executive Committee and Consultations SubCommittee worked very hard on your behalf in making lengthy and detailed representations on the first consultation draft and many individual authorities and ACO members will have made their own comments. Further comments were made by the Executive Committee on the much altered second draft in June. It was pleasing to note significant improvements in both form and content between the two. It was heartening also that the role of specialist conservation advice within the local government framework received greater recognition for the important contribution it makes. A statutory role for Conservation Officers is something that remains for the future. CONSERVING CAST IRON Cast Iron is the sixth titie in the Victorian Society's acclaimed series of advisory booklets for house owners. Covering the period 1838-1914, it is an invaluable guide to the care of cast iron and the replacement of missing ironwork in Victorian and Edwardian houses. Decorative cast iron was not just used for boundary railings and bootscrapers. Most houses had a cast iron door knocker and (after the introduction of the Penny Post in 1840) a letter plate. The bay window that was a popular feature of late Victorian houses received adornment in the form of small rails to hold flower boxes securely in place. Cast iron crestings were often used to enliven a roof ridge, and larger One of the concerns in the early draft of the PPG (thankfully now removed) was the implication and effect likely to stem from the introductory section in general and on 'economically viable use' in particular. Nevertheless, we should not be blind to the issue of viability and Conservation Officers will need all their skills and the sympathetic support of their colleagues in associated professions to ensure the right balance is struck between the cultural value of maintaining special architectural and historic interest on the one hand and the ability for the owner to continue to pay for proper upkeep on the other. houses might be fitted with finials and lightning conductors in the shape of crossesor fleurs-de-lis.In the garden, greenhouses and conservatories were supported on pillars and brackets, heated by gratings let into the floor and ventilated through rooflights - all made of cast iron. Much of this decorative cast iron has been lost to rust, pollution, accidental damage and changes of fashion. The booklet explains how designs changed throughout the Victorian and Edwardian periods, how to find out what is appropriate for houses that have lost their ironwork, and how simple maintenance can prevent major problems from developing. Cast Iron costs £3.00 (inc. p&p) and can be ordered from: The Victorian Society, 1 Priory Gardem, London W4 1 TT. Tel: 0181-994 1019. Bob Kindred GUIDANCE FOR SMALLSENSITIVE SITES Supplementary Planning Guidance gathers pace as more and more Local Plans have detailed design guidance removed from them. An excellent recent example of SPG has just been published on 'The Location & Design of Small Residential Developments' aimed primarily at 'sensitive' sites where new development needs to relate to a traditional context such as conservation areas, the setting of listed buildings, AONBs etc. The guidance is comprehensive: covering general design considerations including siring and layout; detailed design of individual features such as continued onpage 5 IDENTIFICATION HELP NEEDED (2) -CONCRETE GLASSHOUSE I am unable to come up with anything as picturesque as Jack Warshaw's tennis pavilion ( Context 41). However, I recently came across an inter-war reinforced concrete greenhouse in the back garden of a suburban semi in Witney. It is a wonderful little building, and represents in its way both the aspirations of the modern movement and the more homespun domestic horticultural ideas of England before the war. I am very keen to see the greenhouse preserved, and would welcome any information about other buildings of this type. I wonder if it is of local manufacture, or are there greenhouses of this type all over the country? Any comments from Context readers will be very welcome. I can be contacted at: West Oxfordshire District Council Planning Department, Council Offices, Woodgreen, Witn,ry, Oxon OXB 6NB Tel: 01993 770300. Robert Parkimon FORTHCOMING ISSUES - DEADLINES AND THEMES The next issue, Winter 1994, will be the first to concentrate on a particular building material. We are starting with 'Metals'. COPY DEADLINE 7 OCTOBER for posting out on 2 December. Other contributions, experiences, technical notes and case studies are welcome at any time (space permitting), but if you have a burning desire to see a particular topic covered let us know. The following issue is likely to be concerned with Churches and Chapels in the light of changes to the EcclesiasticalExemption. TELEPHONE NUMBER CHANGES In preparation for the changes to all phone numbers which British Telecom will introduce in 1995, you will note that the telephone numbers for all those listed on page 3 together with all advertisers are shown as the new numbers. We are advised by British Telecom that, since 1 August and until 16 April 1995, calls can be made on the old or new numbers. COVER PHOTO Fortunately for Minerva, plenty of wisdom was dispensed at the York Annual School, the proceedings of which appear in this issue. Thanks to the efficient organisation, there was not too much drama! CONTEXT43
NEWS dormers and rooflights or porches, canopies and door surrounds; and landscape features such as the treatment of fences, gares and hedges. The 73 page guide is profusely illusrrared by clear line drawings and costs £5.00. Ir can be obtained from the Planning & Leisure Department, Suffolk Coastal District Council, Melton Hill, Woodbridge, Suffolk IP12 JAU Tel: 01394 383789. HISTORIC PROPERTY RESTORATION Historic Property Restoration is rhe new name of the former direct labour arm of English Heritage which has been given a new commercial remit which aurhorises it to render for trade on certain historic buildings and scheduled ancient monuments in addition co those owned by English Heritage. It is based ar Keysign House, 429 Oxford Street, London WJR 2HD Tel: 0171-973 3532 Fax: OJ 71-973 3474. DoE SPONSORS RESEARCH INTO THATCH Improved guidance on the use of rharch has been announced by DoE. A research project costing £85,000 is to be carried out by Independent Thatch Consultants Led in association wirh rhe Fire Research Srarion and BRE. The project will examine thermal insulation, fire, venrilarion and structural safety and will incorporate monitoring of existing thatch for ventilation and moisture movement togerher wirh fire resting of thatch panels. One aim is "ro help re-establish [rhe] potential as a material for new buildings". Other bodies closely involved in defining rhe work are English Heritage, rhe Rural Development Commission, rhe National Council of Master Thatchers Associations, SPAB and rhe Dorset Fire Brigade. A DOUBLE DOSE OF ROT FROM BRE Damage ro timber in historic buildings by wet and dry ror and by insect attack costs millions of CONTEXT 43 pounds each year. Further money can also be wasted on remedial treatments rhar are unecessary or inappropriate. BRE's new book, Remedial treatment of wood rot and insect attack in buildings, provides all rhe information needed ro identify appropriate, effective and safe timber treatments. Drawing on 70 years of research and experience, the book provides guidance on building inspection, treatment processes and products, the safe application of wood preservatives and correct procedures during the post-treatment period. I r gives particular attention to the health and safety and good practice aspects of treatment processes. It will be of benefit to all concerned with reducing these problems and is an essential companion to BRE's handbook Recognisingwood rot and insectdamagein buildings. Copies of borh publications are available from the BRE Bookshop, Building Research Establishment, Garston, Warford WD2 7JR, price £25 (plus £2.50 p&p) each. The two publications (Ref. PBZ9) can be purchased together for the discounted price of £40 (plus £4 p&p). LOCATING THE LONGHORN The distribution of house longhorn beetle, which can cause senous damage co softwood roofing timbers within a specific area of south-east England, was last surveyed in the early 1970s. The house longhorn beetle (Hylotrupes bajulus) is a serious pest of srrucrural timber. Timbers often need replacement and some infested structures have collapsed. The current UK disrriburion is generally considered to be limited by rhe high temperature required for the flight of the adult beetles and the currently affected area has consistently high summer temperatures (i.e. North Surrey and adjoining parts of Hampshire and Berkshire with scattered infestations in Greater London, Kent, Sussex and Hampshire). Properties built during rhe 1920s and 1930s are most commonly reported as infested: BRE Information Paper IPS/94, House longhorn beetle: geographical distribution and pest status in the UK presents current findings of an ongoing BRE survey to determine whether there continued on page 6 A respectfor tradition ThenewVELUXGVA TraditionalRooflight™ For over 50 years, The Velux Company has been dedicated to the manufacture and marketing of roof windows and accessories. The new VELUXGVA Traditional Rooflight is top-hung and has been developed after consultation with conservation officers and English Heritage and is ideally suited for the replacement of old cast-iron skylights. Suitable for roof pitches from 20° to 60°, this rooflight is said to comply with the principles of 'conservation repair' for historic buildings. It is particularly suitable where a sympathetic approach is required and can be the key to bringing life into many under utilised buildings. Using the GVA Traditional Rooflight is a visually unobtrusive way to achieve a practical solution whilst maintaining the traditional architectural character of the building. iY3«1£◄ RoofWindows For information contact: THEVELUXCOMPANY LIMITED, Woodside Way, Glenrothes East, Fife. KY7 4NDTel: 01592 772211 ® VELUXiso registeredticdemork. 5
6 NEWS have been any significant changes since the earlier investigation. BRE's survey, which was started in 1991, is based on information supplied by local authorities, remedial treatment companies, and independent surveyon. Copies of IP 8/94 are available from the BRE Bookshop, Carston, Watford WD2 7/R. Tel: 01923 664444, price £3.50 (plus 35p p&p) per copy. COUNTY DURHAM ENVIRONMENTAL AWARDS1994 These annual awards are made to encourage good design and co promote care of the environment, and are in their fifth year. One of this year's award winners was Wear Valley District Council for the refurbishment of Bishop Auckland Town Hall ( 1869) listed Grade I, an imposing landmark in the cown centre. Repairs carried out between late 1991 and early 1993 included complete renewal of the roof, repair and replacement of doors Above: examplesofporchefsrom the SuffolkCoastalCouncildesignguide. and windows and the cleaning and repair of stonework. A new library and exhibition space has been created on the ground floor and the main hall has been fitted out co create a multipurpose venue for the arts. DURHAM SHOPFRONTS Durham County Council is aiming to promote and encourage better shop front and advertisement design in the county with a new illustrated A4 publication setting out guidelines to be adopted when considering alterations co new and existing properties. Coverage includes the ~BLEAKLOW ~ ~slakedlimeproducts MATUREDSLAKEDLIME PUTTY Thevital ingredientfor all typesof traditionalrendersand mortars With over 20 years' specialist experience in lime products for applications in industry, construction, agriculture and conservation, Bleaklow is today a leading UK producer of non-hydraulic, top quality Matured Slaked Lime Putty. • Direct from the manufacturers at wholesale prices • Modern, efficient production methods ensure ample stocks and no waiting • 96 per cent calcium oxide, slaked fresh • Sold in individual tubs for collection ex-works • Packed in 25 litre water tight tubs, stacked and shrinkwrapped, 24 per pallet • UK-wide distribution with prompt deliveries Bleaklow Industries Limited, Hassop Avenue, Hassop Bakewell, Derbyshire DE45 lNS Telephone: 01246 582284 Facsimile: 01246 583192 SUPPLIERSTO THE NATIONALTRUST, ENGLISHHERITAGEAND CADW various elements that contribute co good design such as the pilasters, fascias, cornices and stallrisers, but there is also general advice on the visual and practical function of the design elements to assist the designer in contributing to the appearance of the building and character of the area. For further information and a copy of Above: BishopAucklandTownHall. the 28 page booklet contact: the Design and Conservation Group, Environment Department, Durham County Council, County Hall, Durham, DHl 5UQ. Tel: 0191-383 4104. E ~ONSERVaTION PORTFOLIO In:ihe:Septemble~rc94:editioi<J!.f,th~eoMtjUo ~~. ~ ' • > !!!! • i'\ 1t ,,.,. ' • 0 ~! bJcitute Qf A, • y.oi,~rsity i L<\1}£• t t.~ Co ·,;,3. CONTEXT 43
Michael Pearce discusses ways of financing historic building conservation ECONOMIC CONSERVATION Nobody now knows, except perhaps the Dean, what it cost to build Sc Paul's Cathedral, and even if they did che figure would be fairly meaningless. Our principal buildings are unlikely to be lost for want of funds. When, in 1970, York Minster was faced with the prospect of a £2M bill to halt subsidence, Yorkshire raised it in a fortnight. Salisbury Cathedral recencly completed a successful appeal for £6M. Hampton Court and Uppark have both been restored. Work at Windsor Cascle is underway, che Albert Memorial may soon be repaired. Dan Cruickshank may yet rebuild che Euston Arch. Because of their national importance, all these buildings have an undoubted public interest. If they are in use, there will be some justification for their continued maintenance and repair but, even if they are not, their national interest will usually be sufficient to make sure that money is provided either from public funds or through public appeal, if not the national lottery. On a more modest scale, the same can be true of buildings of more local interest. Many are in public ownership, or are held in trust, and there is a higher public interest in their preservation. Even for the majority of buildings in private ownership there may be sufficient public interest to attract grants from national bodies, from the local authorities, from local charitable interests or, again, by direct appeal to the public. About 5% of listed buildings are repaired each year, but the under-funding of both national and local grant schemes means that they only reach about a fifth of chem. By way of example, the public inceresc of some of the most interesting buildings which I have helped to repair, including a l 3th-cencury first floor hall house, a silk mill, and a windmill, has been financed using capital raised from a combination of sources. Those buildings have now been given a new lease of life and are able to generate sufficient income for their continuing maintenance. In other cases it has been possible to arrange loans at low rates of incerest to help local communities co repair redundant churches or former CONTEXT 43 town halls, for example. Work can be done promptly, avoiding further unnecessary damage, in the knowledge that people then have plenty of time to raise the funds at their own pace. They also then have the use of the building to help chem. As the English Heritage survey shows, those buildings which are in use are less likely to be at risk, and even partial use helps to reduce the risk of neglect. Advice on the question of the change of use of listed buildings, which is the subject of planning applications, is given in Circular 8/87, but the wording has been changed in che drafts of PPG 15. We do not yet know what the final wording may be. However, reference has been made in che drafts to "economically viable use", although the equivalent section of Circular 8/87 more accurately referred to "economic use". Two possible misunderstandings ought to be dispelled. First, there is a distinction between planning permission, which governs use and establishes value, and listed building consent, which is concerned with the degree of alteration or demolition which may be proposed. The criteria for considering planning applications do not include profitability, but rather the planning merits of the case, as it is the planning permission which creates the value. The criteria for considering listed building consent applications, on the other hand, are principally concerned with the effect of the proposed works on a building as a building of special architectural or historic interest. It may be, if the demolition or substantial alteration of the building is proposed, chat the absence of any reasonably beneficial use will be an argument put forward by the applicant. The local planning authority, in determining the application, will then need to consider whether or not it will accept a purchase notice, or whether it will resist it on the basis chat some other owner can be expected to restore the building, nor just for the existing use or some more acceptable use, but having regard to other financial considerations. Not least of these might be the value of the building as it exists rather than on the basis of the hope of a more valuable use or develop men c. Secondly, we ought to be clear about our use of the language. In essence, 'viable' means something which has life or can live, and its extension to describe economic factors is a modern usage which is open to misincerpretation. Ic does not add anything in the context of the meaning we are considering. 'Economical' means something which is not too extravagant, but could be incerpreced by Counsel for the demolition as cheapest. It describes, in other words, a calculation based solely on a consideration of cost. 'Economic', which is the word we ought to prefer, describes something where the laws of supply and demand have been applied; a balance, in other words, between costs and values. Costs may be fairly readily understood, but it is importanc to realise chat values are not necessarily ro be judged in purely financial terms. Apart from Town Scheme grants and grants for rescue archaeology, English Heritage now rejects around a third of all grant applications. Of chose, 56% are rejected for financial reasons. The resulting lost opportun1t1es for influencing the timing and nature of repairs must surely be a matter for concern. By way of contrast, Hampshire County Council and the District Councils in Hampshire now grant aid nearly all the listed building repair work in che county, some 600 buildings a year. The County Council has never thought it worthwhile to operate a means test. It is no use considering an owner's assets unless one also considers his liabilities. Even if one felt competent co do chat, which is doubtful, one is left with the question as to what repairs one is trying to achieve. The advantage of being able to offer at lease a modest grant is that ic gees the work done prompcly and properly, it allows work to be done which might not otherwise be possible, ic allows che opportunity for Conservation Officers to offer good advice at an early stage, and it may if appropriate allow a degree of public access. The rate of grant is tailored 7
8 U ~ co the ~ ~ O~ needs of ~ '_,<~ the building. 0 :.". \- All the 0 ~ ~~ applications are 0 .('_& scheduled for .('> ~ ~ S V decision by Committee, V ~ whether for approval or 0 0 not, so that there is a protection against any arbitrary decisions by officers. The great majority of applications are approved, even if sometimes the grant is only for the most important work - making sure char the roof is properly repaired using the right materials. As Oscar Wilde intended us to realise, it is important to distinguish between costs and values. It is also more important to consider the financial needs of the building than those of the owner. In offering grants from public funds, some consideration of the circumstances of the owner may be inevitable, but it is important to realise that neither he nor the building need necessarily be judged in purely commercial terms. It very much depends on the nature of the ownership and the future use of the building. There are three categories of people who might restore a building. The first is someone trading as a developer who will, indeed, need a commercial return on the capital employed. The second is a private owner who may well restore a building for his own use at a cost which may be more than could be justified in purely financial terms. The third is a public and possibly charitable body, either locally or nationally, which may restore a building even if cost exceeds value. In those cases the value to the community is greater than the value to an individual prospective purchaser, and the costs will be born more widely. Viability 1s as open co misinterpretation as profitability. A developer, for example, might well argue that, if a building is to be restored, it should suffer more radical alteration, or more land should be released for development to secure a commercial return. The local planning authority ought not to agree to it unless there has been an opportunity for one of the other categories of potential owners to propose an alternative scheme of restoration measured against a different scale of values, or with alternative sources of capital. More buildings are given a new lease of life as a result of a change of ownership - by allowing a wider range of prospective owners to come forward - than as a result of a change of use. Unless there is some incentive to sell the building, an existing owner will often be inclined to propose more commercial uses - which generate much higher rents and therefore capital values - with a more intensive use of floorspace. Such applications are often accompanied by demands for enabling development. Even the prospect of planning permission causes an escalation of value, including hope value, which has the effect of reducing the number of prospective purchasers. The result may be a more radical and irreversible change to the site and the building if the scheme is implemented. A worse result may see the enabling land sold off separately, or the local authority having to contemplate doing the work itself to enforce a S 106 agreement. While, quite rightly, much emphasis has been placed on the need to avoid the loss of listed buildings by demolition, twice as many buildings have been removed from the statutory list as a result of damage from, among other things, insensitive alteration. It is well known that the value of a building depends on its location. It follows that the setting of an historic building must be protected if its value is not to be undermined. The extent of a building's setting is in proportion to its scale and status. Where buildings are closely related, as in a conservation area for example, they provide the settings for each other, which is why the area as a whole must be protected. Half the listed buildings in the country are in conservation areas and, because of the care they do receive, they are half as likely to be at risk. Most historic buildings are of a domestic scale and the majority are in residential use, or are reasonably capable of a residential use. It follows that any inappropriate development close by will either cause blight and reduce values or create more intensive uses which, if accompanied by escalating values, may create a situation where the land becomes more valuable than the building. In either case maintenance will cease, the building will no longer be occupied and, eventually, it will be lost because continuing investment is no longer justifiable. Good planning depends upon recognising the economic facts of life, which can best be judged at a local rather than a national level. Policies for the care of historic buildings should always use the word economic, rather than economical, and should never use the word viable. Economic should be defined as the balance of costs and values to anyone who might reasonably be expected to secure restoration of an historic building for a reasonably beneficial use, preferably its original use, or some similar use which will not require undue alteration to the building or the loss of its setting to development. The possibility of attracting an alternative private interest, or harnessing any public interest, should always be thoroughly explored before considering any commercial interest. The higher rate of return that such capital demands will always cause more damage anc, for want of care, that damage may be unnecessary. Public, private and commercial interests are on different time scales, the former being the longest, the latter being the shortest. It may be an obvious truth, but it is longer-term interests, preferably for continuing uses, which are most likely to secure the longterm preservation of historic buildings. MichaelPearceis Life PresidentofACO. LISTED BUILDINGS, REPAIRS NOTICES AND 'BACK-TO-BACK' DEALS Buildingat Risk: left: detached residencein attractive Location,a prime candidatefor repairs noticeactionand 'back-to-back' deal; right: repairsunder way (byowner)following serviceof repairsnotice. CONTEXT 43
Paul Sutton on a way of avoiding the costs of compulsory purchase LISTED BUILDINGS, REPAIRSNOTICESAND 'BACK-TO-BACK'DEALS The powers available to Local Planning Authorities in dealing with the problem of historic buildings which are considered to be 'at risk' are contained in the Planning (Listed Buildings and Conservation Areas) Act 1990. Conservation Officers will be familiar with Sections 47-51 and 54-56 of the Act which, in a chapter headed "Prevention of Deterioration and Damage", deal with "the compulsory acquisition of listed buildings in need of repair", and "urgent preservation", respectively. These powers, unlike chose available in conservation areas, for example, cannot be criticised for nor having any 'teeth' since the powers available are quite extensive and can be very far reaching for the owner of a listed building who chooses to ignore chem. Government advice also at present urges local planning authorities to give very special attention to buildings of special architectural and historic interest and to make diligent use of the powers available to them.' This being the case, one might be forgiven for assuming chat the number of historic buildings in need of repair would be limited. Unfortunately, this is simply not the case. According co English Heritage estimates, 7% of England's historic buildings are 'at risk'.' So how, considering the extensive powers which are available to local authorities and the posi rive encouragement of government, is such a state of affairs possible? The answer to this question is a complex one, but I believe from my experience chat in most cases it is fear of the financial implications of repairs notice action which prevents many authorities from serving repairs notices. Bob Kindred's excellent srudy3 on the use of repairs notices evaluates the effectiveness of the legislation and provides very useful guidance on procedures. It also drew a similar conclusion stating that: "In a climate of restricted local authority finance it was felt to be too risky to embark on a procedure which CONTEXT 43 leads to compulsory purchase and the possible acquisition of a building the authority does not wish to own or to have to repair itself." Many Conservation Officers will be more than aware of the difficulties in persuading their elected members that the service of a repairs notice will not involve the authority in significant costs, even when (as Bob Kindred's survey showed) in over 80% of cases authorisation of formal service of a notice was itself sufficient to prompt owners either to begin repairs or to sell the building in question to a third party. The purpose of this article is to explain how the principles of so-called 'back-toback' deals in respect of listed buildings can be used to help alleviate fears of any possible financial implications. In this way, the agreement of elected members may be more readily obtained for the service of repairs notices by local auchorities. Before describing in detail the princi pies of 'back-to-back' deals, it is useful to describe briefly the repairs notice procedure. REPAIRSNOTICES Under Section 48 of the Planning (Listed Buildings and Conservation Areas) Act 1990 a Local Planning Authority can serve a notice setting out the repairs needed for the proper preservation of a listed building. If the building is not repaired within two months, the Local Planning Authority may then serve a compulsory purchase order under Section 47 and, if the order is confirmed by the Secretary of State, proceed to acquire the building in accordance with the Acquisition of Land Act 1981. In cases where it can be proved that the building was being neglected deliberately in order to justify demolition for redevelopment, the Secretary of State can direct that the owner be paid only m101mum compensation if the compulsory purchase order is confirmed. When the repairs notice is served, the owner has three main options: to comply with the notice; to do the works which he or she considers necessary but which are not included in the notice; or to do nothing. The procedure is designed to allow a local authority to ensure that a listed building is properly preserved and not allowed to deteriorate by its owner's inactivity whether by accident or design. The mechanism involved is compulsory purchase initiated only after the service of a notice setting out the repairs needed. In the past, my own authority's policy in respect of repairs notices under Section 48 had been to serve such notices only where the County Council had previously agreed to acquire the building under its Historic Buildings Revolving Fund Programme. However, in those cases where such action had been taken, it had never proved necessary to call on the County Council's reserves since the threat of compulsory acquisition had always encouraged owners either to undertake the repairs themselves, or to sell the building to someone who will. Reductions in the County Council's historic buildings budget over recent years has, however, severely constrained its Revolving Fund Programme to the extent chat acquisition by the County Council following the service of a repairs notice could no longer be assumed. As a result, members were extremely reluctant to agree the service of any repairs notices. These facts led to my reappraisal of procedures and the discovery of 'back-toback' deals. BACK-TO-BACKDEALS It is a face chat very few repairs notices ever reach the stage where the Secretary of State confirms the compulsory purchase order. Even fewer buildings are retained by local authorities for repair because of the financial implications of such action. The aim is usually to dispose of the building immediately, to a purchaser who will carry out the necessary repairs. Such deals are known as 'back-to-back' deals or 'in and out arrangements', whereby the building is compulsorily acquired by the 9
10 1 ~ local ~VQ~ authority ~ ./4~ and disposed '...:::::,. 0 ~ ~ of to a new ~ ~~ owner. The 0 0 .('§ government allows ,(',,.~ SV such special V ~ arrangements to help local 0 0 authorities to carry out their enabling role for the preservation of historic buildings. Where a local authority sells on a historic building which it acquired either by agreement or by compulsory purchase and the price received on resale is no more than the price paid, the capital receipt is unrestricted. This is true provided that the contract for disposal of the building is made within two years of the acquisition and completed within the third year. Any profit will be subject to the normal restrictions but allowance can be made for incidental expenditure, such as legal costs. There is no longer any need for an authority to obtain specific authorisation, since the published regulations give automatic approval provided that the conditions are complied with. (The current rules governing local authority back-ro-back deals are explained in Circular 11/90)4 . Jf the resale of the listed building is simultaneous with the purchase, then there is no financial cost. However, if there was a period of time between the purchase and resale then usable capital receipts could not be used by the authority for other purposes during that time. In addition, any loss of interest on the receipts being used might also need to be taken into account. Furthermore, a listed building could be subject to price fluctuation in the intervening period which could result in a small loss being experienced by the local authority. The following points detail the sequence of events which would be necessary to proceed with repairs notice action on the basis of a back-to-back deal: (i) prepare full repairs schedule for building (together with likely costs/builders tenders ecc); (ii) obtain realistic assessment of market value of building and site (existing condition) but including any existing planning consents - local agents or inhouse valuers are useful here; (iii) obtain estimates of likely value of property in habitable condition (including any consents) - again see local agents or in-house valuers; (iv) produce financial feasibility (and/or residual valuation) based on (i)-(iii) above; (v) seek potential purchaser interested in 'back-to-back' deal (Conservation Officers are often aware of interested parties through Buildings at Risk registers, for example); (vi) prepare full repairs notice under Section 48; (vii) prepare legal agreement to ensure that prospective purchaser will proceed with deal if compulsory purchase order is confirmed; (viii) seek approval of relevant Committee(s) to service of repairs notice under Section 48 (and compulsory acquisition under Section 47); (ix) serve repairs notice on owner of building; (x) if no action on part of owner within reasonable period (up to three months), prepare compulsory purchase order and re-confirm third party interest; (xi) serve compulsory purchase order and complete legal agreement with prospective purchaser; (xii) await owners' actions (possible appeal against CPO will result in Public Inquiry); (xiii) await Secretary of State confirmation of CPO; if confirmed, proceed with acquisition and 'back-toback' deal; (xiv) property acquired and disposed of to prospective purchaser simultaneously; (xv) new owner carries out full repairs to listed building in accordance with legal agreement. The following important points should be noted, however; first, the serving of a repairs notice under Section 48 does not commit the authority to compulsory purchase action under Section 47; and secondly, at any stage before the confirmation of the CPO, the owner may carry out the repairs to the building (very few repairs notices proceed beyond fixing the date for the CPO Inquiry stage which seems to concentrate the owner's mind on the seriousness of the authority's intentions!). The procedure outlined above has recently been agreed by my own authority (resolution of Full Council required), and now forms the basis for any case involving the repairs notice procedure. To date, one case has been presented to Committee and the service of repairs notices in respect of the two listed buildings on the site was agreed. The notices were duly served and, the three month period having recently expired, the owners have agreed co instigate repairs. It is also worth noting that, in this case, several potential buyers were referred to the authority by local agents, who had been unsuccessfully marketing the property (at an unrealistic price!), who were more than willing ro enter into a 'back-to-back' deal should the authority pursue the compulsory purchase order. This still remains an option should the owner fail to carry out the repairs. CONCLUSIONS While back-to-back deals may appear to provide a solution for dealing with many listed buildings at risk, clearly there are a number of buildings, parcicularly nonresidential buildings, which do not have an easily identifiable market (eg agricultural buildings, ruins etc.). In such cases, compulsory acquisition of the building could still prove to be a financial liability to the authority (if a back-toback deal is pursued), because of lack interest from potential purchasers. However, in such cases the role of Building Preservation Trusts cannot be understated and in many cases such organisations are often the only hope for historic buildings which do not have a 'market value'. However, for chose listed buildings where there is an identifiable market wich individuals, companies or developers expressing an interest in acquiring such buildings, the service of a repairs notice and a back-to-back deal could result in che repair of such buildings - ei cher through compulsory acquisition by che authority and resale or, more likely, by the owner (who may be unwilling to risk losing the property through the CPO procedure), or by encouraging the owner to sell the building to a chird party who would undertake the repairs. The key point is that adoption of the procedure set out above by a local authority can help to allay the fears of elected members that the service of a repairs notice will involve the authority in significant costs. This will, in my view, lead to the service of more repairs notices which, in appropriate cases (and in 80% of cases), will lead to the repair of a listed building at risk. If any members are interested, copiesof my committee reportsare available. Tel: 01992 564119. Paul Sutton is Principal Officer, Heritage & Environment, Epping ForestDistrict Council, Essex. REFERENCES 1 Circular 8187 2 Buildings at Risk - a sample survey, English Heritage 1992 3 Listed Buildings Repairs Notices, Association of Conservation Officers, report by Bob Kindred, 1992 4 DoE Circular No.11/9: Local Authority Capital Finance (Annex A, paras 51-54 and 56) See also Local Authorities [Capital Finance) Regulations 1990 (SI 1990 No 432) Regulations 15-18. (Regulation 18 amended by Regulation 2(d) of the 1991 Regulations). CONTEXT 43
a English Heritage Fort Brockhurst Building Conservation Training Centre, Gosport, Hants English Heritage's Hands-On Training Courses for 1994-5 English Heritage's unique new Building Conservation Training Centre at Fort Brockhurst in Hampshire offers an unparalleled range of hands-on training courses aimed at craftsmen, students and professionals in the construction industry. During 1994-5 English Heritage are staging a series of courses, lasting from one to five days, on the following subjects: Dressed Stone Treatments (4 days) Monday 19 - Friday 23 September 1994 Structural Engineering and the Conservation of Buildings (1 day) Tuesday 24 January 1995 Non-Destructive Diagnostics in Buildings (1 day) Wednesday 28 September 1994 Mortars (2 days) First Aid and the Conservation of Archaeological Sites (1 day) Tuesday 4 - Wednesday 5 October 1994 The Management of Flora & Fauna on Historic Masonry (2 days) Wednesday 5 - Friday 7 October 1994 The Conservation and Repair of Timber in Historic Buildings and Structures, Part 1 (4 days) Monday 17 - Friday 21 October 1994 Structural Engineering and Ancient Monuments (1 day) Tuesday 25 October 1994 Masonry - Introduction and Basic Skills (4 days) Monday 31 October - Friday 4 November 1994 Stone: its nature, use and repair in the conservation of historic buildings (5 days) Monday 7 - Friday 11 November 1994 Ancient Monuments Legislation and Practice (1 day) Thursday 10 November 1994 Ground-based Remote Sensing for Archaeometry (1 day) Tuesday 15 November 1994 Dressed Stone Treatment (4 days) Monday 28 November - Friday 2 December 1994 Dressed Stone Treatment (4 days) Monday 16 - Friday 20 January 1995 Tuesday 31 January 1995 Structural Treatment of Masonry ( 4 days) Monday 6 - Friday 10 February The Conservation & Repair of Timber in Historic Buildings & Structures, Part 2 (5 days) Monday 13 -Friday 17 February 1995 Above-Ground Archaeology (1 day) Tuesday 21 February 1995 Masonry Conservation, Part 1 (4 days) Monday 6 - Friday 10 February 1995 Ruins: their Preservation and Display (1 day) Tuesday 4 April 1995 Visitor Facilities at Ancient Monuments and Archaeological Sites (1 day) Tuesday 11 April 1995 Consolidants: an Introduction (1 day) Tuesday 18 April 1995 Lime Washing and Shelter Coats ( 1 day) Tuesday 25 April 1995 Masonry: Site Assessment ( 4 days) Tuesday 9 - Wednesday 10 May 1995 Mortars ( 2 days) Tuesday 9 - Wednesday 10 May 1995 Courses costfrom £75for one day to £275 forfive days (exclusive of VAT). To book, or to obtain further details of the courses offered, contact:- Bharti Mehta at English Heritage, 429 Oxford Street, London WlR 2HD. Telephone 0171 973 3668 CONTEXT 43 11
12 U ~ Keith Murray on ~ ~ 0~ a way of using 0~,~~ the grants system ~~i~~'?cTHE ECONOMICS OF 0° CONSERVATION STANHOPECO-OPERATIVESTORES, COUNTY DURHAM 'Labour and Wait'. This inscription can be found on the bracket underneath the central oriel window of the Stanhope Cooperative stores. A pithy summary of the Edwardian view of retailing in 1908 when this imposing edifice was constructed for the Wear Valley Co-operative Society and also, perhaps, an appropriate motto for cautious Conservation Officers when tackling difficult problems in a cold economic climate. The Stanhope Co-op was built in the heyday of the co-operative movement and the substantial structure (the largest building in Stanhope apart from the parish church and Castle) is testimony to the dominance of the movement in the early years of this century. The principal SERVICES OFFERED: south elevation is faced with sandstone while the side elevations are in roughly dressed local limestone. The Co-op has recently been repaired with grant assistance as part of the Stanhope Town Scheme and now houses two shops on the ground floor with an antiques centre on the first floor. It is planned to use the top floor for small office units. While it flourished, the principal room on the first floor, with large windows giving spectacular views over open countryside to the south, was used as a function room available for hire for a wide variety of social events. The smaller rooms were used as offices for the Society's administrative and financial services. As the Society declined, the building became too large for its original users who sold it and * PRE CONTRACT SURVEY * INSTALLATION * DETAILING * CLEANIN(; * SUPPLY * INSITU REPAIR All carried out by our highly skilled craftsmen who are fully sympathetic in the use of natural stone in restoration projects. Cleaning by all methods: nebulous water spray, chemical & grit blast (course down to super fine). lnsitu repairs using polymer based additives for a long lasting repair (an economical alternative when funds are restricted). Carving & sculpture catered for. All types of natural stone supplied & fixed. FORMASONS (1992) LTD 39B, FREELANDSROAD,BROMLEY,KENTBR13HZ TEL: 0181-460 8216/466 6555 FAX:0181-313 0575 Stanhope Cooperative stores, now in new ownership moved to smaller premises in another location. The ground floor shops were still occupied but the remainder of the building was disused for several years and the building was eventually identified as at risk. When the Stanhope Town Scheme was established in 1991, by English Heritage, Durham County Council and Wear Valley District Council, the building was targeted for priority grant aid as it was beginning to suffer both as a result of lack of maintenance and from structural problems in the roof. In 1993 the building was acquired by a new owner who prepared a scheme of repair and applied for Town Scheme grant assistance. At this stage it is doubtful if the building would have been economically repairable, and support from the Town Scheme was therefore vital to its preservation. The work, which included substantial repairs particularly to the roof and the reinstatement of the roof ventilators (which had been removed), was completed in late 1993 for around £55,000. This has secured the future of this interesting building which is important not only for its architectural interest but also for its social significance as the only remaining unaltered example of a building type that was not just a shop but represents an important part of the way of life in a northern dale. Keith Murray is with Durham County Council. CONTEXT 43
Bob Kindred on new uses for redundant Anglican churches CHURCHES -AN ECONOMIC USE? The best use for an historic building is its original use, but when the use co which chat building is put becomes redundant - then what? The problem of redundant religious buildings is common co many countries, but, in the words of a 1989 Council of Europe report: "in England the problem is the most serious in Western Europe". The same report pointed out, however, that "it is also in England chat most work and the earliest has been done to save and preserve redundant churches". The Chairman's Page of the latest Victorian Society Annual reminds us that we are becoming a more secular society and quotes figures from this year's United Kingdom Christian Handbook that the Church of England lost 21 % of its worshippers between 1975 and 1992; over the same period the Roman Catholics lost 19%, che Methodists 23% and the Presbycerians 24%. If as Chris Brooks concludes, we are witnessing a long-term desertion from organised, institutional region, then the fare of our historic churches is serious indeed. I thought it might be instructive to look at the fate of redundant Church of England churches, based on two sources, both of which are published but not often consulted by Conservation Officers, and one of which has been augmented by further information kindly supplied by the Church Commissioners. The first set comes from the 1993 Annual Report and Accounts of the Church Commissioners -'Supporting the Church's Ministry' which looked at the face of 1,387 churches made redundant since 1969 when the Pastoral Measure came into operation - but it should be emphasised chat not all of these were listed or in conservation areas (and it does not differentiate churches in these two categories from others). It should be emphasised that some old cases may come up on three or four occasions before a use is adopted - and of course some do not happen. It should also be remembered that the Department of the Environment is able to conduct a non-statutory public inquiry if it is proposed to demolish a listed building or one in a conservation area, and chat planning permission for conversion is usually required. At the end of 1993, the future of 47 redundant churches had still co be seeded, the lowest number for many years. The CONTEXT 43 breakdown is as follows: For alternative uses77l (56%) 24 For private and school chapels 32 For arts & crafts, music and drama 33 For storage 35 For museums and educational 39 For miscellaneous 45 For light industry, office and shopping 95 For worship by other Christian bodies 120 For monuments 160 For residential 188 For civic, cultural or community For demolition and site disposal 313 (22%) 59 For housing associations 47 For local authorities 44 For additions co churchyards 42 For new places of worship 20 For other community purposes 94 For other purchasers 7 Noe yet decided For preservation 303 (22%) 290 For Churches Conservation Trust* 4 For Department of the Environment 9 For Diocesan Boards of Finance * formerly The Redundant ChurchesFund. The Redundant Churches Branch of the Church Commissioners has kindly expanded on several of the 'alternative use' categories on the list above to indicate schemes which have proved acceptable in the past. Arts & crafts, music and drama Includes: arts centre; picture gallery; studio theatre; theatre and restaurant; orchestral rehearsal hall; fine art auctions; Elizabethan theatre; workshop for training masons; music cen ere; craft workshop; theatre workshop; operatic rehearsal hall. Storage purposes Includes: museum store; agricultural store; Diocesan furnishings store; building materials store; church organs score; university book score; scenery and props score; wholesale warehouse; furniture score garden store; score for materials for manufacturing corn dollies. Civic, cultural or community Includes: community and day centre for the elderly; lecture and concert hall; youth and camping centre; field scudy centre for natural history, meeting and exhibition hall; art gallery and museum; conference hall and exhibition centre for garden history and gardening; County Record Office; Diocesan clergy & lay training centre; village hall; activity centre for handicapped children; civic & Diocesan treasury and heritage centre; urban study and architectural interpretation centre; Army rest and information centre; youth work and night shelter; theatre, arts and community centre; Scout and Guide headquarters; chapel of rest; exhibition and tourist centre; Diocesan study and exhibition centre; medical library. ADVISORY BOARD FOR REDUNDANT CHURCHES Another source of information is the recent Advisory Board for Redundant Churches Annual reports 1990-92 (1993 is not yet available). These contain schedules of conversion proposals referred to the Board as advisors to the Church Commissioners under Section 50(2)(6) of the Pastoral Measure. The schedules indicate the recent balance of alternative uses which might be appropriate, and since 1990 the Annual Reports of the ABRC have helpfully differentiated between listed and unlisted buildings and have also indicated the grade. A small number of the 159 schemes referred to the ABRC from 1990-1992 were rejected outright - about 11 %. Listed buildings accounted for 110 out of the remaining 139 cases (or 79%). Several proposals may have come before ABRC more than once -duplications may amount to 5-10%. Nevertheless, these schedules are well worth examining by Conservation Officers faced with a redundancy issue and seeking ideas for potential new uses. It is, of course, worth remembering chat for Church of England churches the Advisory Board will be prepared to offer local planning authorities preliminary advice on the suitability of proposals for convers1011. The Editor would like to acknowledge the help of Mr Atkins of the Church Commissionersin compiling this information. 13
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