ANCIENTMONUMENTOR LISTED BUILDING? A letter from Essex brings the following news of a case -which is causing much concern. "The summary of the event is: 1. Without any permission owner installs massive straw burning appliance with brick flue on a 900mm concrete base in one of the remaining buildings of Coggeshall Abbey. The building is of outstanding importance, dating from Cl2OO and contains some of the earliest brickwork in England. Grade I and Scheduled Ancient Monument. 2. District Council (Braintree D.C.) erupts in fury. 3. English Heritage decides that when a building .. is both listed and scheduled .. it is the legislation covering the latter that should prevail, citing Circular 23/77 as their authority. 4. Secretary of State announces that he is unempowered to grant scheduled monument consent retrospectively. English Heritage decide that as archaeological damage could not be proven (there is 900mm of concrete mrer the floor!) prosecution would not be justified and therefore PROPOSETO TAKENO ACTION ! ! II COMMENT: It is, of course, S56 of the T&CP Act 1971 which rules out SSS in respect of Ancient Monuments. The enforcement powers under S92 also seem to fail. We must look to the Ancient Monuments & Archaeological Areas Act 1979 where the only sanction would be prosecution under S2(2) -the boiler appearing to be "any works ,. of alteration or addition" executed without consent. The question of "archaeological damage" is not relevant. Archaeological interest is but one of five criteria for scheduling given at para.2O of Circular 23/77. Damage does not have to be proved, in anyrcase, the phrase is "any works". We understand from the Commission's administrators that they are not entirely happy with the legal advice that has been given them and intend to look again to see if they should initiate a prosecution - the DoE now looks to them to take the initiative - and why should it be left to the SPAB or SAVE? LETTERS From Mr David Wright, University of Sheffield. Dear Editor, I am a post-graduate student in the final year of the MAcourse in the Dept of Town and Regional Planning, University of Sheffield. As part of this course, I am engaged in a study of the effects of demolition and development on the character and appearance of conservation areas. I would be most grateful if you could find space in your Newsletter to include the following request for information from your members. I would welcome local authority officers writing to me , at the address below, advising me if they consider that conservation areas with which they are professionally acquainted, are being detrimentally affected by one or more of the following changes; and if so,to what extent: demolitionauthorised by local authorities or the Secretary of State (including listed buildings) demolition exempted from control new development authorised by planning permission new permitted development not requiring planning permission. I am especially interested in any views you members may have on the effects of permitted developemt , and the willingness of local authorities to make Article 4 Directions , and the inclination of the Secretary of State to approve such directions in conservation areas. Thanking you in anticipation of your help, David Wright 4 Broomsdale Rd Soot hill, Batley, WF17 6NL PS: Unfortunately my time to complete t?e work is very limited, and a response from your members at their earliest convenience would be very much appreciated. Page 13
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