3
Make enforcement powers easier for local authorities to use

One of SAVE's most consistent messages has been that local authorities must use the powers given them by Parliament to serve Urgent Works Notices (for emergency repairs) or Repairs Notices (for permanent repairs) on owners of decaying listed buildings. These powers are fundamentally sound. For example, statistics show that Repairs Notices are remarkably effective in prompting negligent owners to sell or repair - in less than 10% of cases do local authorities actually have to proceed as far as a compulsory purchase order inquiry in order to force an owner to sell or repair (Bob Kindred/Association of Conservation Officers, 1992). However, they are used too infrequently and often far too late in the cycle of decay, once a building has already suffered appalling damage. The following changes are required to encourage local authorities to use these powers more frequently and more quickly:

o The procedures for serving notices need to be "systemized" to dispel uncertainty about using the legislation. Detailed guidance is urgently required for local authorities, central government and its regional offices to clarify the legislation, laying out clearly the hows, whys and wherefores, and providing unequivocal guidance for council solicitors.

o At the moment, urgent works notices can only be served on unoccupied buildings and the unoccupied parts of partially occupied buildings. The powers need to be amended to allow authorities to serve notices on occupied buildings too.

o Unlike repairs notices, local authorities cannot place the cost of urgent works as a charge against the property. This should be amended.

o Local authorities need powers to implement simple but permanent repairs in order to effectively halt decay early- such as replacing missing slates or failed lead flashing. These repairs can be carried out under an urgent works notice, but only using the cheapest possible solution to see the building through another year, after which it may need repairing again. It needs to be firmly established that these kinds of works can be carried out as permanent repairs under an urgent works notice.

o The processes must be accelerated. If challenged, acquisition by compulsory purchase order can take three years to complete. In particular, the CPO public inquiry procedure and the Secretary of State's decision must be accelerated.

 

The effect of these changes would be to make enforcement powers tools that can be used quickly and efficiently by local authorities to halt decline early in the decay cycle, when damage is minimal and costs are low. The government is very keen to streamline the planning system as part of its "modernising planning" drive. Here is a procedure that is crying out for reform.



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