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What you can do | ||
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The SAVE Action Guide
Sources of further help and advice:
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Why is it that conservation areas in our cities, towns and villages are such popular places to live, work and shop? Why is it so pleasant to walk down a particular street. drive through a country village with its church, cottages and farms, or visit a country house and gardens? Britain's historic buildings - of all types - have a vitally important role to play in our daily lives. Without even realising it, we are constantly passing and using historic buildings and areas, visiting the local library or town hall, high street shops, the cinema or pub, the public park or hospital. Some will be recognised as being of architectural and historic value, but there are others of more modest appearance which would nevertheless be sorely missed if they disappeared. On the whole, these are the buildings most vulnerable to demolition. However, we are still faced with proposals for unsuitable new developments threatening the setting of more outstanding buildings; and hundreds of listed buildings and churches stand empty and neglected, and at risk. Many people think it is hard to assess whether a building is worth preserving and ask what the criteria are for trying to save it. At SAVE we ask ourselves three simple questions: 1 - How important, architecturally or historically, is the building? If it is listed, then it has been officially recognised by English Heritage and the Department for Culture, Media and Sport as being of special interest; it has statutory protections and, in the words of the government planning guidance note, '"once lost, listed buildings cannot be replaced . . they represent finite resource and an irreplaceable asset". Buildings are not listed lightly: they have to come up to strict standards to qualify. If it is not listed, should it be? There are still many buildings that are not listed simply because they have not yet been properly surveyed, or have somehow slipped through the net. Even though it may not qualify for listing, the building may have interesting features - architectural details, original doors or internal fittings. It may be that the weathered materials from which it is built are particularly attractive and there is something about the buildings that is pleasing to the eye - the soft red brick or golden stone, patterned brickwork or decorative iron work. 2 - Is the building in a conservation area? Many buildings make a significant contribution to the local scene and may be an important part of the townscape. A church with its spire or tower will be a noticeable landmark. A row of Victorian town houses will be an attractive element of the street. The corner shop with its original shopfront may be a rare survivor in a redeveloped area. Once demolished these buildings will be missed. Conservation areas are areas of special architectural interest and historic character. They are designated by local authorities which must then pay special attention to any applications to demolish or build anew within the area's boundaries. Even if a building is not listed, special consent ("conservation area consent") must be sought to demolish it; so conservation area designation is a useful form of protection for unlisted buildings. 3 - If the building is no longer needed for its original purpose, could it be put to a new use? SAVE believes, and has proved time and time again, that all types of historic buildings can have a new lease of life through conversion, offering potential and exciting challenges for developers and architects. Some of the most imaginative and interesting places to work and visit are converted historic buildings. They have proved enormously successful in both commercial and aesthetic terms. Even if the building is in poor repair, modern building techniques are able to solve many structural problems that were deemed insoluble some years ago. Building conservation is inherently environmentally sustainable; it is a way of using existing resources for an end-product that is unique and irreplaceable. One more question you might ask yourself is: Is it Worth the Fight? If you feel that it will be too much of an uphill struggle to save a building, take heart from others' achievements. In the late 1970s, many of the cases SAVE was involved with caused ridicule amongst our critics. But the recognition since of the tremendous value of historic buildings of all types, the successful conversion of buildings for new uses and a public determination that history will not repeat itself in terms of the demolition and desecration that was then taking place, have inspired us - and many local amenity societies, preservation trusts, action groups and individuals - to carry on campaigning. |
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You may wonder: Who am I to set myself up? What special knowledge do I have? Whom do I represent? Do not delay because of these doubts. Remember, one of the fundamental freedoms is the right of free association. You and your neighbours, colleges and friends are free to meet and set up a voluntary organisation with almost any aim in mind. Make use of this freedom. These are two immediate tasks: 1 - to formulate your message Make your case crisply and succinctly, comprehensively but not exhaustively. Say why the building is worth preserving, describing briefly its architecture, history and contribution to the local scene. Support this if you can by suitable quotes from local people, local literature or the national conservation bodies. 2 - to get the message across Make contact with people sympathetic to your cause. Explain the problem and enlist their support. Get in touch with SAVE and other relevant bodies (see help box). A telephone call alerting them briefly to the problem followed up by a letter is usually the most effective approach. Give details of the building, its address, owner, condition and use. Send photographs if available; if not, take some and forward them as soon as possible. SAVE and other local and national bodies can support you by making direct contact with the local planing office and writing letters of support to the local press and planners. Identify the local politicians who are likely to be the most sympathetic. Get ready to contact the press about publicity for your campaign |
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The CampaignTwo questions you will constantly be asked are: What can be done with the old wreck? And What will it cost and won't it be a waste of taxpayers' money? It is not essential to be able to answer these questions immediately. In your initial blast, concentrate on the building's importance and interest, and the immediacy of the threat. The immediate counter attack is simple: Has the building been offered for sale on the open market? Michael Heseltine, when Secretary of state for the Environment, introduces a simple test, which is now permanently enshrined in the planning guidance note for the historic environment: permission will not normally be granted for the demolition of a listed building unless the unrestricted freehold is offered on the open market, and crucially, at a realistic price reflecting the building's current condition? In SAVE's experience, most listed buildings under immanent threat have not been offered for sale. And if they have been on the market the terms have been unreasonable, with little attempt made to market them. Getting professional advice Very often the developers will produce figures showing that the building would be impossibly expensive to restore. In addition, there may be statements from engineers or surveyors suggesting that the buildings is physically unsound. These must be challenged or rebutted. Today there are very few old buildings so structurally unsound that they cannot be saved. Many so called 'expert reports' simply provide the answers sought by those who commissioned them. You must therefore find an architect, engineer or surveyor who has experience of old buildings and can provide an alternative, independent view. In many cases, the national societies can suggest local professionals who will be willing to help, sometimes on a voluntary basis. Raising a fighting fund Try to establish a basic float by persuading friends and well-wishers to contribute a few pounds: £20, £30 or £50 should be sufficient. SAVE itself was started with little more than £300, with initial committee members each putting in £10. Try to obtain free services wherever possible. The cost of photocopying can mount up if you have to go to a local shop and pay several pence a sheet, whereas there are very likely to be local supporters who have photocopiers who are willing to run off a hundred copies at no charge. Producing literature This does not need to be smart or expensive - its amazing what a PC can do these days. Make it as attention-grabbing as possible. Good, snappy headlines and bold lettering help. Obtain the best photographs you can. Most photocopiers can produce reasonably good images from photographs, including colour snaps. Perhaps the local paper will take photographs for a story and make copies available to you afterwards. Petitions The more public support you can demonstrate, the stronger your case will be. Where there is a real emergency, the best tactic is to go straight out on to the street and recruit signatures. This raises public awareness and the press is always interested in hard statistics; so if you can say several hundred people signed the petition in an afternoon or over the course of a few days it will undoubtedly earn you publicity. Of course there will always be some people who say, 'People will sign anything', and deride your efforts. Point out that this is an extremely undemocratic and elitist attitude, particularly if it comes from public figures. Another method is to send out a letter or leaflet with a petition form to several hundred people, inviting them to recruit signatures. They can then absorb the literature in their own time and make up their own minds. If they then go out and collect signatures no-one can say that the petition has been organised by a small group who have twisted arms on the street. Perhaps the most effective way to petition however is to send out a letter of objection to as many people as possible. All they have to do is sign it and send it on to whoever you are petitioning. Even though less people may respond this is highly effective because it can result in dozens if not hundreds of letters of objection. This technique is employed by organisations like Amnesty International. The petition can have a simple heading such as, 'Save the Congleton Arms!', or if you prefer it can be addressed to, say, the chairman of the local planning committee or the leader of the council and be slightly fuller in wording. You must none the less be sure to avoid contentious or complicated wording, which might deter people, and choose a clear simple message, such as 'The Congleton Arms is a building of historic interest and deserves to be preserved as part of the town's heritage.' If you are circulating a petition, be sure to put the address to which it should be returned. |
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Use of the MediaSAVE was founded in the belief that endangered historic buildings are news. Only by drawing the attention of the public to these threats would the buildings we cared about ever be saved. Mobilising public opinion has been our watch word from the start. Of course, there is another view. This was put by an MP of long experience to the House of Commons Environment Committee: 'If you want to save these buildings, you will only save them by stealth.' The root of our belief is that people do care about the places where they live, work and shop, that they are concerned about the devastation meted out to historic towns since the Second World War. Simon Jenkins made the point forcefully; 'Go to any public meeting on an environmental issue and you will find it far better attended, with feelings running far higher, than any political meeting held in the same place'. Articles in the local press are extremely effective. Most local papers are sympathetic to heritage stories and will give them space, particularly if there is an immanent threat. But even if the paper has been hostile do not be discouraged. Be sure to put your case as clearly and strongly as possible. It is important that you appear positive and optimistic. Equally, do not be discouraged by hostile letters to the editor or even hostile editorials. Controversy adds to the debate and increases coverage. The more publicity you get, the more people will be likely to support you. Compiling and keeping a press list Many organisations have press lists, which they keep as closely guarded secrets. The truth is that reporters are constantly swapping jobs and assignments and that your contacts may be away when you most need them. So, while it is always worth seeking out the names of journalists who have a special interest in your subject, and if appropriate sending the releases to them at home as well as to their office, always be sure to send your releases to the newsdesk and perhaps to one or two others on the paper too if it is appropriate. Find out which reporters on the local newspaper and radio are most likely to be interested. You can do this simply by thumbing through back copies of the newspaper and seeing who write environmental articles. Likewise, ring up the radio station and find out who reports on these subjects. Radio and Television Local radio stations are usually hungry for news and will be keen to interview anybody with a strong point of view. This is a key opportunity to get your case across. Stress the appeal of the building and make as much as you can of its history and contribution to the street. Good television news coverage is of course a fantastic bonus, though it may be difficult to get for a modest but charming building. Ring the local television newsroom. There, they are likely to listen sympathetically and you may be lucky and catch them on a quiet day. But do not be downhearted if your story is not taken up, or indeed ousted at the last moment because a major story comes up: your campaign will not suffer in the long run. Press releasesIt was Simon Jenkins who set out the basic modus operandi for SAVE's initial work - the press release. Press releases must be pithy, and full of substance and strong, clear comment. Be positive about what your are trying to achieve; try to avoid word's such as 'saddened', 'ruinous', 'hopeless'. The release must contain all the relevant information - and preferably a local contact as well - that a journalist will need to write the story. The press will be looking for a strong statement of your own point of view, but you must not present a wholly one-sided picture. Be sure to say why owners wish to demolish a building, however strongly you may disagree with their view. A reporter has to present both sides of the picture and the developer may not be willing to speak to the press. Reporters like facts, dates, statistics and, above all, the 'juicy quote'. Every press release should include a quotable, provocative statement from an officer or committee member of the organisation involved. Press releases should be eye-catching and on boldly headed paper. They do not need to look smart; in fact, it is better if they do look rapidly produced, in response to an immediate threat. If they look too much like actual print, a reporter may have the feeling that the story has already been printed, and it will be less likely to catch their eye. It may, for instance, be better to leave type unjustified in the right margin. Leave the PR firms to produce glossy release and charge their clients accordingly, and let your look like the raw news that it is. The vital part is that the press comes to rely on your press releases, knowing first that they contain newsworthy stories, and second that the facts can be depended upon. Reporters are constantly under pressure and if they feel that stories must be double-checked on every point they will not use them. The key point in writing a press release is to encapsulate the message in the first sentence. Do not fall into the trap of trying to write an introductory paragraph setting the situation in context; you are not writing and essay. The main aim is to catch the interest of the reader in the first few phrases. You do not need to send your releases to every one who might be interested if this is likely to delay getting them to the post; that can always be done the next morning. People will still receive them at the same time the story appears in the newspaper. However it is important to keep your fellow campaigners in other groups informed of what you are doing as the likelihood is that they will read your releases and circulate them further. If it is a story aimed simply at the local media, two or three press releases may be sufficient, sent to the reporter on the local evening paper and the local radio station. Photographs and illustrations Wherever possible, include a picture of the building or group of buildings that are at risk. There is no point sending out actual photographs with every press release, but a clear photocopy, preferably colour, will give the reporter a good idea of the building and may persuade their editor to send a photographer to take a special picture for the newspaper. Having said that, if you do have top-quality photographs, then include one with the press releases to the national newspapers; they may want to carry the story but have no time to find a photograph themselves. Do not send your valuable or irreplaceable photographs; if you put your name and address on the back you may well get your print returned - but do not count on it! Press conferences At the national level, press conferences can often prove to be a waste of time and effort. Journalists can digest a story from a good press release in a few minutes, while attending a press conference is going o take an hour, not including travelling time. Of course if there is a very important issue, such as the launch of a major campaign, a press conference may be worthwhile. The judgement you have to make is Who will attend? The top reporters may not be able to spare the time and you could end up with the story being written by someone rather less familiar with the subject, whereas a quick telephone call or fax could mean that the story gets to the person you want. At a local level, a press conference can be very useful. A reporter's interest may be stimulated by attending an event, and you will have the chance to talk to them and gain a view of their interest and views. Even if only two or three people from the media attend, it may be a good moment to organise an interview, making sure to flesh out the story with quotations form a range of people. Press response If there does not seem to be any response to your press release, do not be afraid to follow it up with a telephone call. Journalists do not mind being reminded as long as they do not think you are pressing them to write something they cannot be sure will be printed. Once the media are interested, you and your fellow campaigners must make yourselves available for interviews and photographs. Most interviews, including radio, can be carried out on the telephone, with the reporter asking a few prepared questions. Try not to be nervous. Remember the most important thing is to get your message across clearly. Often the interviewer will need to play the devils advocate, to put the other side's case forward. Reiterate the arguments in you press release calmly but firmly. Prepare three points to make in advance and stick to them , almost regardless of the questions. Don't be put off by questions that you may think should not even have to be considered, such as, "Why should we keep old buildings?" - answer them as calmly and eloquently as you can. Be sure to cut out and keep all press cuttings. Circulate them as widely as possible. You can often get one of the national societies to write a rejoinder supporting your cause, which can be included in a dossier, together with notable letters and reports, for future use. |
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Local Planners and Planning ApplicationsMake immediate contact with the planning officers at your local planning authority (district or borough council). Find out who the personnel are and, in particular, who deals with conservation matters or listed building applications. Most councils now have their own conservation officers. Go and see the plans for any new development if they have been lodged as a formal application. If the proposals are particularly obnoxious, it may be the developers and their architects refuse to provide any illustrations of plans suitable for publication. They may say that publication is a breach of copyright. Publishing excerpts from material such as planning applications for the purpose of public information, comment or criticism is not an infringement of copyright; alternatively you could find someone who can make a reasonable accurate sketch of the proposals. Writing letters of objection Don't forget that if your concerns have been triggered by a planning application you must formally object to it. Study the application carefully at the local planning department. You have the right to see any letter written in response to the application - they are all public documents. Note carefully the date by which you have to submit your written comments to the planning department - you have three weeks from the date the application was received by the council, normally stamped on the application. Don't worry too much if you miss the deadline - you can still submit comments, but they will not be included in the planning officer's report to the planning sub committee. If you do miss the date, ring the officer and find out if they will still include it; if not, send it direct to the chair of the planning committee and ask for it to be tabled at the meeting. You may want to send it to all members of the committee anyway, to ensure they are fully aware of your concerns. Finally, make sure all your supporters get their letters of objection in on time too, especially national bodies. In the letter itself be sure to state you case clearly and concisely. It is worth summarising it in the first paragraph to ensure it is registered. The merits of the planning, listed building consent or conservation area consent application have to be considered by the council in relation to local and national planning guidance. In theory its decision is based on whether or not the application fulfils the requirements of the guidance. Therefore, make sure to study these closely. The planning department will have available for your inspection the Local Development Plan, and national planning guidance notes (in particular PPG 15 which relates to historic buildings and landscapes - the conservation bible). Then set out in your letter how the application infringes this guidance. PPG15 is excellent and normally can be relied upon to provide quotes that will support your case and hole the applicants'. The planning meeting Find out when the applications are to be considered by the planning or development control sub committee. It is well worth trying to arrange a meeting with the planning officer at the earliest opportunity to put your case across face to face. You can attend the sub committee meeting and normally have the right to make a verbal representation. Check with the council what your rights are - often you have three minutes. If so, make sure you prepare your comments in advance - time keeping is often strictly kept (the meetings can go on for hours) and you don't want to be cut off in full flight. Keep it snappy and succinct and stick to the main points. |
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Getting a building spotlistedLists of listed buildings are available for public inspection at the district council and county planning offices. Further copies may be held at the local public library. In addition the Royal Commissions have complete sets of lists for England, Scotland and Wales. You can now also ring the National Monuments Record on 01793 414600 and ask whether an individual building is listed. Provide them with as much information on the location of the building as possible - street, number, parish etc. and they aim to fax or send you a response, including the list description if it is listed within 24 hours. The lists of listed buildings, though extensive, are often still far from comprehensive. The reason is simple. The criteria for listing have changed and broadened over the years to include more Victorian and Edwardian buildings, and subsequently, more twentieth century buildings. Increased recognition is now given to the different interests of particular building types, such as Nonconformist chapels, railway stations, warehouses, industrial buildings, hospitals and model housing. The initial lists, for example, were complied in a hurry and many of the more remote buildings were left out. There are many fine buildings - where a plain exterior conceals fine Georgian rooms, for example, or where there is an interesting timber frame construction - that were also overlooked. Even if the list for an area has been revised fairly recently, The Department for Culture, Media and Sport may add a building to the list if there is new evidence about its interest or if it is an obvious omission. In all circumstances a listed building has to be of NATIONAL importance. It is not enough, therefore, to demonstrate a building's local significance, however great that may be. If you possibly can, consult paras 6.10 - 6.16 of PPG15 at a library or planning department. This lays out the detailed criteria for listing (which varies, for example, depending on the age f the building). This will help you assess quickly whether there is a chance of the building being listed. Good photographs are likely to make all the difference to your submission. This does not mean expensive professional photography. Good colour snaps are fine as long as you get the building in focus, take it in sunlight rather than shadow and stand far enough back to ensure the whole building is in the picture. In addition, consider taking one or two photographs to show the buildings immediate context. These will be useful in any event in explaining to people what the problem is and discussing what the possibilities of reuse are. You also need to include a copy of a map marking the location of the building. Historic information When you apply to have a building spot listed you should supply details of its history if possible, and if time is available, including who built it and designed it. For many buildings under threat there may be no obvious immediate source of information. Therefore talk to everybody who might know the building or have lived or worked there. Find out who owned it. Find a local historian, local history study group or architect who can help you in dating and describing it. Go to the local library and see if there are any old street guides or directories that include the buildings. Sometimes you can trace it back year by year or decade by decade to its construction. Equally the local library or county record office may have early maps or plans, which will provided a clue to the buildings origin. If the building was constructed in the last century, there is some possibility that the original planning application is still on file, complete with the architects original drawings. This is particularly likely with commercial buildings or larger houses in residential suburbs. It may take some perseverance to get the appropriate file brought out of store, but it is well worthwhile. Basically, the better researched the application, the more historical detail you have, the better chance of success you stand. Your application for listing the building should be sent to: England The Department for Culture Media and Sport, Listing Branch, 2-4 Cockspur Street, London SW1Y 5DH Wales Cadw, Crown Buildings, Cathays Park, Cardiff CF1 3NQ Scotland Historic Scotland, Longmore House, Salisbury Place, Edinburgh EH9 1SH. In England, the DCMS will ask English Heritage to send an inspector to asses the building. The inspector makes a report and recommends whether or not to add the building to the statutory list. It is then up to the Secretary of State to decided whether to accept the inspector's recommendation. You will be notified as to whether or not your application has been successful. The whole process is very slow - perhaps a few months - but can be very quick in real emergencies. It is a good idea to get some conservation bodies to write to the Department of Culture Media and sport supporting the listing application as well, particularly the Georgian Group or the Victorian Society (see help box)if the building falls within their remit. |
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Conservation area designationUnlike the statutory listing of buildings, which is carried out by the Department for Culture, Media and Sport, it is the local authorities who have the power to designate conservation areas. The legislation was introduced in 1966 under the Civic Amenities Bill by Duncan Sandys, founder of the Civic Trust (see help box). He felt it was not enough merely to preserve isolated buildings but their setting should be improved and protected as well. The law defines conservation areas as 'areas of special architectural or historic interest, the character or appearance of which it is desirable to preserve or enhance'. Conservation area protection thus extends beyond buildings, to include streets, trees, paths and views. The designation of these special areas is a vitally important way of protecting our heritage. There are thousands of buildings that despite being interesting and attractive - and perhaps important on a local scale - are not 'listable' in themselves; That is to say, they are not of sufficient national architectural or historic interest to merit individual protection. And yet the loss of these buildings can really damage the character of the neighbourhood. Conservation areas can be spread over large chunks of historic towns or just one street. They may encompass whole villages or a small hamlet in which there is just a scattering of modest but pretty cottages and a few barns. To demolish any building within a conservation area, conservation area consent, like listed building consent, must be sought from the council. In determining the application, the planning committee must consider the contribution made by the building to the character of the area and whether its demolition would alter this. Similarly, any proposed redevelopment or new building must actively enhance or preserve the character or appearance of the conservation area. Because conservation areas are designated by local authorities, they can be an effective way of protecting a building or group of buildings in danger. A tougher form of protection for an area containing many buildings of historic interest, perhaps with particular features typical of the locality, come when a local authority (with confirmation from the Department for the Environment, Transport and the Regions) makes an Article 4 Direction this means that specifies alterations, from putting in new windows to removing chimney stacks, may not be carried out without consent. Article 4 Directions are particularly appropriate for model housing estates, railway villages, or the fine Georgian terraces of our spa towns. Perhaps their single most important use is to prevent the replacement of original sash windows with disfiguring uPVC frames, the greatest blight of the last two decades. Some local authorities have designated very few conservation areas. This may not necessarily mean that the area has a scarcity of attractive buildings and open spaces. With a heavy workload and few specialised staff, for some councils conservation has taken second place. However, as with listing applications, anyone can suggest an area for designation. Try to get the support and interest of the planning officers who will be presenting the case to their committee. Prepare a brief report or booklet about the area - its history and any interesting information about the buildings it contains, some of which may be already listed. English Heritage produces a free leaflet that outlines the criteria for designation of an area - Conservation Area Appraisals ref. XH20048 - use this to help structure and prepare your report. Take plenty of photographs, not just of individual buildings, but of their settings also - views down streets, through trees and across open spaces such as greens and commons. Be sure to include maps, current and historical ones if you can find them. Use your local library or record office. Sometimes councils are reluctant to designate conservation areas if they feel the residents will object, but on the whole this is unlikely. Owners will usually see the value of their property increase and it is often a selling point in estate agents' particulars that a house stands in a conservation area. It is helpful to get the support and signatures of some of the residents. The council may want to organise a public meeting to explain what conservation area designation will mean in practice. Notify the press of your efforts to get a conservation area designated and send them a copy of the booklet you have prepared. |
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Establishing a trustQuite a number of endangered buildings have been saved by local people who have set up a building preservation trust, acquired the building, restored it and sometimes resold it. Such trusts can obtain special low interest loans, and grants from the Heritage Lottery Fund and English Heritage, Cadw and Historic Scotland. Excellent guidance on this is available from the Architectural Heritage Fund and the Association of Preservation Trusts (see below) who will be able to tell you if there is already a local trust in existence (there are about 150 all over the UK). Quite often these trusts are on the lookout for new buildings to restore and may have some resources at their disposal. In any event, they should be able to provide you with good advice. Do not, however, underestimate the problems you may encounter in taking on a building yourself. Delays in obtaining consents and the difficulty of securing grants can add considerably to the cost. It may be that the best solution is to find an individual or local entrepreneur who is enamoured of the building and willing and keen to make a first class job of it. Think carefully before you leap! |
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Stopping the rotHundreds of historic buildings are standing empty and being allowed to decay. Prompt action by local people can not only prevent ultimate demolition, but also save thousands of pounds in repair costs. A blocked rainwater gutter leads very quickly to damp penetrating the walls. If the building is closed up and not properly ventilated, the perfect conditions for dry rot are likely to arise as soon as the weather gets warm. Owners of listed buildings are obliged to keep them in a reasonable state of repair. Local planning authorities, the Secretary of State and English Heritage all have powers to serve Repairs Notices. These notices take two main forms: 1. A Section 54 Notice This notice requires an owner to carry out urgent specified repairs; if they do not comply, then the council carries out the works and recovers the costs from the owner. Works are limited to the minimum necessary temporary repairs to make the building weathertight, safe from structural collapse and secure from theft and vandalism. 2. A Section 47/48 Notice This Repairs Notice can lead to compulsory purchase of a property by the planning authority if repairs are not carried out. Works undertaken under a repairs notice are long-term repairs to put and keep a building in good repair. For a long time, many local authorities were reluctant to use their repairs powers. They were afraid that the owners might respond, as they are entitled to do, by serving a purchase order on the council. The council would thereby be obliged to purchase the building and it repair it at the taxpayers expense. Experience has shown that this virtually never happens. Usually an owner responds by placing the building on the market for the simple reason that most owners would rather sell to anyone but the local authority. Very often a simple committee decision resolving to serve a Repairs Notice, or even resoling to consider serving a Repairs Notice, is enough to prompt the owner to sell. It is important, none the less, to keep a careful watch on progress. Hard-worked planning officers may need encouragement to pursue the matter and find letters from concerned members of the public about neglected buildings a useful prompt to take the matter to their superiors or to their committee. If the planning department is initially unwilling to consider Repairs Notices, then enlist the support of SAVE and other societies, as appropriate, and ask English Heritage to consider taking action. If the authority is concerned about the financial cost of taking enforcement action, remind them that English Heritage now has a package of grants available to local authorities to help them meet the costs of preparing and enforcing urgent works and Repairs Notices and compulsory purchase orders. A local authority that has no previous experience of serving Repairs Notices can be encourages in two ways. First , you could find someone who is interested in taking the building on should it be sold or ultimately come to compulsory purchase. Second, you, perhaps aided by SAVE, English Heritage or one of the other societies, could provide examples of similar cases that have been successfully resolved. English Heritage now produce an excellent guidance document on enforcement action called Stopping the Rot. Although aimed at local authority officers, it contains all you would need to know about the what's and how's of Urgent Works and Repairs Notices, as well as details of EH's grant programmes. If you get a copy you may know more about it than the planning officer! Copies are available free from Customer Services on 01793 414700 (product ref. XH 20084). |
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Legal ActionOne of SAVE's strongest suits has been the readiness, when other alternatives have been exhausted, to initiate legal action. Broadly there are three types of action a voluntary group can instigate: 1. A writ of Mandamus This is an action requesting the court require a minister - or local authority - to do what they are required to do by statute. For example, the Secretary of State for culture Media and Sport has a duty, not just a power, to compile lists of buildings of historic and architectural interest. 2. A case of Ultra Vires This seeks to establish that a minister or local authority has acted beyond its powers. 3 Leave for Judicial Review This requests the court to review and quash a decision by a minister or local authority. Any discussion of legal action must be preceded by a caveat on costs. Lawsuits, as everyone knows, can prove very costly so it is preferable to seek to win your case by other means: by influencing public opinion, by making your case to officials and politicians, or by making representations at public enquiries. And the more you can show you have been closely involved in the battle from an early stage, the more weight you will carry if and when you decide to initiate legal action. The first principle must be to obtain good advice. If possible find a solicitor or barrister willing to advise you free of charge - perhaps out of office hours, when the meter is not ticking. If no such source is available, ask for a realistic estimate of potential costs on a stage by stage basis. Thus you will know what your liability is and can decide whether to proceed. Second, be vary wary of any type of action where you are likely to be required to give an undertaking on costs to the court. If, for example, you obtain an injunction to halt building or demolition works, you may be interrupting a building contract; though this may well be only temporary, the opposition may also seek an undertaking, or even a bond, to cover their costs should you lose. Wherever possible it is better to aim the action at local or central government for, say, failing to use their powers to stop the work. If you win, it will be for them to serve an enforcement notice or injunction as appropriate. Moreover, the simple fact that court proceedings have been launched my halt the works. If a fine building is in a cute danger and the only way of saving it is immediate recourse to a judge-in-chambers for an injunction, be sure to find out what the costs will be. If a major contract is broken or delayed, they could be very high. However, much demolition is done on a piece work or per day basis, and you might simply be talking about the loss of a day's work or a day or two's profit. In the first instance, a simple solicitors letter may be sufficient to halt the work you wish to stop or to prompt action on a derelict building. Simplest of all is your own letter based on the advice of lawyers, stating in formal legal terms the advice you have received and the action you intend to take if you do not receive a response. Where a building is under imminent threat or being callously neglected, voluntary organisations may be able to move more quickly than local authorities. |
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The National Amenity Societiessupport for campaigns for listing and against demolition and neglect These voluntary groups were established to campaign for the preservation of threatened historic buildings and promote their appreciation, enjoyment and correct repair. They are acknowledged experts who have to be consulted about every listed building application and, though universally overworked and under-funded, they can be extremely important allies to your campaign. Enlist them if you can to support your objections to planing applications and to join you in applying for the spot listing of buildings. Make a quick call and follow it up with a letter, including a photograph or two. They may well be able to provide you with expert advice on the age and architecture of the building. Most of then produce excellent guidance notes on aspects of technical matters such as repair techniques. They have different specialisation's, but all cover England and Wales: The Society for the Protection of Ancient Buildings The oldest society - and the largest - it concentrates on campaigning for churches, cathedrals, water and windmills, vernacular buildings and anything dating from before 1700. It also has an extensive technical programme providing advice and training on traditional repair and maintenance techniques for both professionals and ordinary home owners. Tel 020 7377 1644 37 Spital Square, London E1 6DY As the name suggests, its interest is in Georgian buildings, roughly meaning the period 1700 to 1840. As well as campaigning for individual buildings, the Group publishes a series of advisory leaflets for building owners on the practical do's and don'ts of repair and maintenance and has an extensive education and tour programme. Tel 020 7387 1720 6 Fitzroy Square, London W1P 6DN Is the authority and architectural watchdog for buildings dating from c.1840 to 1914. Once again, organises a programme of events and tours for members and publishes a series of advisory leaflets. Has a dedicated Churches Officer to deal with the vast number of redundant and threatened Victorian churches. Tel 020 8994 1019 1 Priory Gardens, Bedford Park, London W4 1TT The charity at the cutting edge of conservation - the Society campaigns for buildings built from 1914 up until the present day. They have produced an excellent series of ground breaking publications and organise a busy programme of events for their membership. Tel 020 7250 3857 70 Cowcross St, London EC1M 6EJ The AMS comments on schemes for all kinds of listed buildings, but takes a particular interest in churches and cathedrals of any age and listed buildings threatened with complete demolition. Tel 020 7236 3934 St Ann's Vestry, 2 Church Entry, London EC4V 5HB Council for British Archaeology Perhaps not obviously of relevance, the CBA is equally concerned with standing archaeology and Industrial archaeology as bumps in the ground. They may be of interest if you are concerned about ruins or structures such a pumping stations, canal locks or colliery winding gear. Tel 01904 671417 Bowes Morrell House, 111 Walmgate, York YO1 9WA The Garden History society comments on applications which relate to historic gardens and their buildings. Tel 020 7608 2409 70 Cowcross Street, London EC1M 6EJ The Civic Trust campaigns for the creation of a better urban environment. As well as running a well regarded urban design and planning consultancy, the Civic Trust Regeneration Unit, the Trust campaigns on wider issues of town planning and urban regeneration. It also lends support to individual campaigns. Tel 020 7930 0914 17 Carlton House Terrace, London, SW1Y 5AW There are a number of other organisations that may be relevant to your campaign:
The Architectural Heritage Society of Scotland Tel: 0131 557 0019, The Glasite Meeting House, 33 Barony Street, Edinburgh EH3 6NY and the Tel: 0141 221 1466, The Tobacco Merchant's House, 42 Miller Street, Glasgow G1 2DT In Northern Ireland, these tasks are performed heroically by the Tel 02890 550213, 66 Donegall Pass, Belfast BT7 1BU Finally, the campaigns very effectively for historic theatres all over the UK. Tel 020 7836 8591 22 Charing Cross Rd, London WC2H 0HR |
The Architectural Heritage Fund and The Association of Preservation Trusts - Help and Advice on setting up a building preservation trustThe Architectural Heritage Fund (AHF) was established to provide low interest loans for building preservation trusts (BPTs). Whilst continuing to perform that valuable function, the AHF now also offers a range of other financial packages to help BPTs, such as feasibility study grants. The AHF also offers free advice and support for people considering establishing BPTs through the Development Officer, Maria Perks. In addition, it publishes two very useful publications - Funds for Historic Buildings - the definitive directory of possible funds and How to Rescue a Ruin, a handbook offering comprehensive, clear and concise guidelines on how to rescue a neglected historic building by setting up BPT - essential reading if you are considering establishing a BPT. Tel 020 7925 0199 Clareville House, 26/27 Oxendon St, London SW1Y 4EL The Association of Buildings Preservation Trusts (APT) represents the interests of the some 180 BPTs in the UK. Tel 020 7930 1629 Clareville House, 26/27 Oxendon St, London SW1Y 4EL index |
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English HeritageEH has a very extensive Website that will tell you most things you need to know about their activities. It is worth remembering that the organisation normally only becomes involved with a building if its is Grade II* or Grade I, or if it involves the substantial or total demolition of a Grade II listed building. Grants are ONLY available for Grade I & II* buildings, and even then only in certain circumstances. EH produces a number of good publications that could be very useful, including Stopping the Rot about repairs notices, Grants for repair - Guidance Notes for Applicants and Conservation Area Appraisals. Contact customer services on 020 7973 3434 for a free catalogue of their conservation publications. |
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SAVEPlease don't hesitate to contact Adam Wilkinson or Regine Jaszinski in the SAVE office if you want any further advice or help in fighting for a local building. We want to hear about your campaign and lend our support. Write, telephone, fax or email us. Go to the Contact SAVE page for details of how to get in touch. |
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Help and Advice with Planning MattersThe following organisations offer training, advice and legal services for individuals and community groups trying to fight there way through the jungle that is the planning system. You may well need their help. The Council for the Preservation of Rural England The CPRE runs a comprehensive series of seminars on subjects such as making representations at a planning inquiry, how to object to a planning application and how to comment on and influence local development plans. These short one or two day courses have a very good reputation and take place at locations across the country. For details of this year's programme call the CPRE on 020 7976 6433 Planning Aid Part of the Royal Town Planning Institute, Planning Aid is a free, voluntary service offering independent professional advice and help on town planning. It is aimed at individuals, community groups and other voluntary groups who cannot afford to pay for private consultants. PA help people comment on planning applications, appear at planning inquiries, appeal against planning decisions and influence local plans. To find out more check out the website Environmental Law Foundation The ELF is a charity which helps people use the law to protect the environment. The ELF, for example, has been used by many groups fighting major development projects , many of which threatened historic buildings or areas. ELF provides access to specialists in environmental law for individuals and community groups who have an environmental problem. Through ELF's advice and referral service, members of the public are given support and guidance and can receive a free initial consultation with a local solicitor or technical expert to investigate how the law may be used to resolve a problem. The professionals will then agree to do any further work at reduced fees, legal aid rates or, in some cases, for free. Tel 0207 404 1030, info@elf-net.org, www.greenchannel.com/elf Environmental Law Foundation, Suite 309, 16 Baldwins Gardens, London EC1N 7RJ |
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