BCD 2017

T H E B U I L D I N G C O N S E R VAT I O N D I R E C T O R Y 2 0 1 7 175 USEFUL INFORMATION 6 will involve a public enquiry if the owner objects. The purchasing authority needs to demonstrate that funding is in place both for the purchase and for the remedial work required. The compulsory purchase order (CPO) must also be confirmed by the Secretary of State, and often the owner can provide sufficient evidence that work is likely to proceed for the Secretary of State to determine in the owner’s favour. In Manchester, the London Road Fire Station (opposite) has been redundant since 1986. Although adequately maintained pending conversion to a hotel, its derelict state detracts from the character of its city centre location, and after 20 years of inaction, Manchester City Council finally took action. However, in 2011 the Secretary of State decided not to confirm the CPO following assurances by the owner, Britannia Hotels, that redevelopment really was proceeding. Costs were awarded against the city council and, shortly afterwards, the scheme was shelved by the owner on the grounds that it was not viable. The building remains derelict today, despite being opposite the city’s principal railway station and surrounded by vibrant city centre areas. While neighbouring areas have been successfully regenerated and are now thriving, the area around this huge building remains blighted. ACTION UNDER NON-HERITAGE LEGISLATION Local authorities also have the power to CPO a building under a variety of other acts of parliament, including planning, housing, transport and environmental legislation. Each has different merits and applications and all may sometimes be applicable to historic buildings. Of particular relevance is housing legislation, since over two-thirds of listed buildings are in residential use. In England, an ‘empty dwelling management order’ (EDMO) can be served under the Housing Act 2004 which allows the local authority to take over the management of a residential building which has been unoccupied for two years. Works to make it habitable can be carried out by the council, with the cost of the works recovered from the rent. There is no need to CPO the building, which may remain in the same ownership, although all local authorities have the power to requisition land for housing. BACK-TO-BACK AGREEMENTS CPOs work best for a local authority where the building is purchased and simultaneously sold to a developer who then repays the council’s costs. This is commonly termed a ‘back-to- back’ arrangement, and involves an indemnity agreement with the final purchaser, made before the CPO process commences. If the project is not viable, the local authority may enter a back-to-back agreement with a voluntary sector body such as a building preservation trust (BPT). These charitable bodies have the advantage that they can benefit from grant aid from a wide variety of sources not available to private owners, and from low-interest loans offered by the Architectural Heritage Fund. These can make a significant difference to the viability of a project. The costs of the CPO itself may also be covered by a grant from the national heritage body (Historic England, for example). The sale may be at a lower price than its full market value where this is ‘to secure the promotion or improvement of the economic, social or environmental wellbeing of its area’ ( Circular 06/03 ). Often the sum is nominal where a BPT is the purchaser. The rescue of Concrete House, 549 Lordship Road, London (above) by the Heritage of London Trust’s BPT arm, HOLTOP, illustrates this approach. Built in 1873 to demonstrate Charles Drake’s patent ‘Concrete Builder’ system, this unusual building had been allowed to deteriorate by its owner in the hope of redeveloping the site, despite being listed Grade II. It was successfully CPOd by Southwark Council in 2012 and restored by HOLTOP for a housing association, creating five affordable flats for local people. CPOs IN AN AGE OF AUSTERITY CPOs are time-consuming and expensive for local authorities to prepare, and there are a wide range of defences that owners can use to avoid action. Furthermore, cutbacks across the UK have caused many councils to reduce both their conservation departments and their legal teams, and many no longer employ the specialist solicitors required. Figures published by Historic England show a 35 per cent decline in the number of people employed in local authority historic environment teams over the past ten years ( Heritage Counts 2016 ). Diana Beattie, chair of HOLTOP, believes the trust’s rescue of 549 Lordship Road was the last successful CPO to be brought under heritage protection legislation in London. Four years on, she doubts whether any of the London boroughs now have the resources to support CPOs. Nationally, there are public bodies that still retain good legal teams with the expertise and the resources to carry out CPOs. For its next project, HOLTOP is working with the Greater London Authority (GLA) to explore whether CPO expertise in Transport for London can be utilised. Under transport legislation, CPOs can only be used for transport purposes, but the GLA has powers under empty homes legislation to CPO land and buildings for housing and regeneration. The two bodies have worked closely together over many years, and the provision of more housing is a high priority for the GLA. Another variation on this solution may be for local authorities to share specialist legal resources regionally. HOLTOP is not alone in its concerns. A campaign has been launched under the banner Community Assets in Difficult Ownership (www.cado-project.co.uk) to highlight deficiencies in the current system, to promote greater use of existing powers, and to encourage greater awareness among owners that leaving a listed building to decay is never in their best interest – commercially, legally or morally. Further Information IHBC Conservation Wiki – www.designingbuildings.co.uk/wiki/ M Guy, S Lewis et al, Stopping the Rot: a guide to enforcement action to save historic buildings, English Heritage, 2011 JONATHAN TAYLOR MSc IHBC is the editor of The Building Conservation Directory (jonathan@buildingconservation.com ). This article was prepared with the help of Diana Beattie , Chair of Heritage of London Trust Operations (holtop.org.uk ). PRIMARY LEGISLATION URGENT WORKS NOTICE REPAIRS NOTICE AND CPO ENGLAND AND WALES Planning (Listed Buildings and Conservation Areas) Act 1990 Section 54 Section 48 etc SCOTLAND Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 Section 49 and 50 Sections 42 and 54 etc NORTHERN IRELAND The Planning(Northern Ireland) Order 1991 Planning Act (NI) 2011 Section 161 Article 109 Concrete House, 549 Lordship Road, London which was restored for a housing association by HOLTOP following CPO by Southwark Council. It was built in 1873 to demonstrate Charles Drake’s patent ‘Concrete Builder’ system and is listed Grade II. (Photo: Robin Forster)