Owning_an_Historic_Building__Guide_to_Statutory_Control

| OWNING AN HISTORIC BUILDING:GUIDE TO STATUTORY CONTROL | MSc/Diploma Courses Assignment Part 2 | | Name: Mr Stefan Blincow (H00144082) Course: D3M7-BCT Building Conservation (Technology and Management), MSc Module: D31CN Conservation Philosophy and Practice 1.0 INTRODUCTION TO HISTORIC BUILDINGS & STATUTORY CONTROL Scotland’s unique cultural identity is shaped by many things; music, art, poetry, science, language and architecture. Each of these subjects has a distinct connection to what makes Scotland such a fascinating country and what intrigues worldwide audiences. A particular part of Scotland’s unique persona is its architecture. Scotland’s built heritage contributes significantly to the history of Scotland and produces significant economic growth today. Scotland’s historic buildings have many forms that have all shaped the history of the country and provided the foundation for how the built environment is treated today. From places of worship to military defence, education, recreation and homes for families, these buildings express the economic growth of our past and present. The buildings that are noted of having great significance are protected by the country’s government, who aims to preserve the country’s history and identity for years to come. To be able to preserve Scotland’s built environment and unique character; its buildings must be protected. It is the job of Historic Scotland, working alongside the Scottish Government, to compile lists of buildings that have special significance and are worth the protection of statutory control. There are many ways in which Historic Scotland gains the criteria for selecting listed buildings including topographical surveys, thematic studies, individual proposals and consultations with expert bodies, local authorities and building owners. This statutory control allows Historic Scotland and Scottish Ministers to manage the way that the built environment is cared for and maintained, ensuring that each listed building can continue to contribute to the history of the country. This is enforced by owners of historic buildings going through a listed building consent process for any changes proposed to a listed building. This means that consent must be granted by the local authority and Historic Scotland to enable owners to conduct any alterations, extensions or demolitions to the listed building. 2.0 WHAT IS LISTING' When Historic Scotland has completed its surveys, all identified buildings of architectural or historical interest are added to a list to be protected by statutory control. Once the list has been verified it is divided into smaller units to enable easier organisation and identification. These categories are generally split into districts, parishes and burghs. The criteria for designating listed buildings is laid out by Scottish Ministers in the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 and the more recently amended Historic Environment (Amendment) Scotland Act 2011. These Acts of Parliament generally state that in order to evaluate the special significance of a building these points must be looked at: * Age and Rarity; * Architectural Interest; * Close Historical Association. By evaluating these aspects of a historical building, set out by legislative framework with which a professional judgement can be made, can provide the designation of a listed building. 2.1 Contents of the Listing The listings themselves contain all the information relevant to the building and detail about why it has become a listed building. It would include an architectural description with the known date of construction, known name of architect, building type and style. The listing may also include a listing category (see Section 2.2), map reference and any other possible relevant information that relates to the listing. 2.2 Listing Categories Buildings on the lists are assigned to one of three categories according to their relative importance. Outstanding examples of any type of building, even if apparently modest or plain, can be highly graded (for example thatched cottages, rural mills containing machinery, or industrial buildings). The categories are: Category A: Buildings of national or international importance, either architectural or historic, or fine little-altered examples of some particular period, style or building type. Category B: Buildings of regional or more than local importance, or major examples of some particular period, style or building type which may have been altered. Category C(s): Buildings of local importance, lesser examples of any period, style, or building type, as originally constructed or moderately altered; and simple traditional buildings which group well with others in categories A and B. There are approximately 47,400 listed buildings in Scotland. Of these, around 8 percent (some 3,800) are Category A, and 51 percent (24,000) are Category B, with the rest listed at Category C(s). Example of Listed Description Statue of “Highland Mary", Dunoon Description:  Statue of "Highland Mary"Category:  B Date Listed:  20 July 1971 Historic Scotland Building ID:  26437OS Grid Coordinates:  217542, 676372 Latitude/Longitude:  55.9457, -4.9234 | Location:  Glenmorag hotel PA23 7HRLocality:  Dunoon County:  Argyll and Bute Country:  Scotland Postcode:  PA23 7HR | Listing Text1896. D.W. Stevenson, Sculptor. Bronze figure on a round ashlar pedestal with octagonal cap and base. Inscribed "Burns Highland Mary" Notes:Mary Campbell died 20th October, 178<> Statue was unveiled  August, 1896.Source: Historic Scotland | 3.0 LEGISLATIVE FRAMEWORK 3.1 Brief History of the Legislative Framework in Scotland During the 18th century, Britain underwent the first Industrial Revolution which saw the evolution of the manufacturing industry and the sharp rise of the country’s economy. This created a knock-on effect through the country with a massive increase in the population due to an increased wealth and growing migration. This built the need for the added population to be accommodated within newly built housing developments which tended to be poorly designed with very basic amenities. Therefore, the need for appropriate regulations and controls to manage the new built development process was identified. This led to the introduction of the first ever planning legislation, the Town Planning Act 1909. Although the legislation was pretty vague and simple, it paved the way for the creation of most present-day statutory planning processes worldwide. The aftermath of World War II created another important development of statutory control, which included buildings of architectural or historic interest. This amended the 1909 act to create the Town and Country Planning Act 1944 and 1947 which created legislation to protect special buildings, mostly medieval, the majority of them being pre-eighteenth century. Through the twentieth century, buildings of historical and architectural significance came more and more into the spotlight at the Scottish Government along with Historic Scotland continuously amended and focused the various acts controlling statutory processes. 3.2 The Historic Environment (Amendment) Scotland Act 2011 The Historic Environment (Amendment) Scotland Act 2011 is the newest and most up-to-date amendment to historic environment planning legislation. It is the most focused piece of legislation that addresses specific weaknesses in previous heritage legislation which were identified through a series of consultations, meetings and discussions. The three primary pieces of legislation that have been amended in the 2011 Act are: * The Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997. * The Ancient Monuments and Archaeological Areas Act 1979; and, * The Historic Buildings and Ancient Monuments Act 1953; The Historic Environment (Amendment) Scotland Act 2011 aims to complement features of the legislation within the planning regime including a provision in relation to unauthorised works, powers of enforcement in connection with such works, offences and fines, powers of entry to ancient monuments, the control and management of certain ancient monuments, and liability for the expenses of urgent works on listed buildings; to make provision for the creation of inventories of gardens and designed landscapes and of battlefields; to provide for grants and loans in respect of the development and understanding of matters of historic and other interest; and for connected purposes. 4.0 OWNING A LISTED BUILDING 4.1 Advantages of Owning a Listed Building Many owners of historic buildings find that simply owning a piece of history gives them enough reason to purchase the building but there can be many other advantages to buying this kind of property. Listed buildings are unique and usually have a lot of character which gives a huge bonus for investors as they are very unlikely to lose value as easily as other buildings. Owners of a listed property may qualify for grants to help pay for repair work or improvements on the building as well as having VAT annulled on the costs of alterations. Grants are made towards re-roofing, treating dry rot and other structural repairs, but not normally towards decoration or works of regular maintenance. 4.2 Disadvantages of Owning a Listed Building One of the main reasons for a building to become listed is due to its historical, architectural construction which may be outdated today. This creates a difficult situation for the present owner as most repairs or maintenance work is likely to be rarer and more expensive than its modern equivalent. The materials and skills may have become outdated and unpractised which would subsequently require skilled professionals or even specialist contractors to complete the works needed. This could cause a substantial amount of money, because although there are grants in place to help owners with repairs, it is not certain that a grant will be approved. The owner of a historic building must be prepared for this underlying expense. It is possible that the property may be harder to sell than an equivalent unlisted building, as the word ‘listed’ can make some buyers nervous of the extra responsibility. Another possible disadvantage is that the owner of a listed building must be prepared to seek listed building consent if they wish to propose any alterations like extensions, remodelling or renovation. Listed building consent is a necessary part of the planning process with accordance with local authority and Historic Scotland. It is advised that the owners of historic buildings conduct a regular maintenance schedule due to the fact that if the building is not being maintained very well they may be in danger of receiving a “repairs notice,” whereby the owner will need to conduct necessary repairs and preservation in the time frame set by the local authority. 5.0 MAKING ALTERATIONS TO YOUR HISTORIC BUILDING Scotland’s historic built environment is not only defined by its unique character and individual style but by the detail of which the architectural character has been built upon. The smallest detail could be very fragile and may be easily lost; this is commonly caused by destructive alterations, no matter how well-intentioned the alterations may have been. It is therefore essential that any maintenance or alterations that are conducted be well-informed and understood. It is helpful for all peoples involved in the development to understand and appreciate significant historical details and architectural or historical significance by collecting information from libraries, museums and archives. 5.1 Before Buying a Listed Building Before buying a historic building it is important to check whether the building is listed as this will control of any alterations, extensions or modifications can be proposed. If the historic building sits on a large piece of land it does not necessarily mean that there is room for extension or expansion. It is advisable that checks are made with a Conservation Planner before buying a historic building as people hoping to alter historic buildings sometimes find themselves disappointed due to not being able to retrieve permission. Checks may also need to be made with a solicitor, as under the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 and the Historic Environment (Amendment) Scotland Act 2011, any works that have been completed prior to purchase without the relevant permission the new owner will become liable for any listed building enforcement action taken by the local authority. When buying a listed building it is important that all proposed alterations are carefully considered and deeply scrutinised, as removal of original fabric and significant architectural detailing could decrease the value that once was present. It is advisable that any works carried out on a historic or listed building be consulted with a registered architectural professional and/or chartered building surveyor that is familiar with the conservation of historic buildings. 5.2 Extensions to Listed Buildings If the owner of a listed building decides to go ahead with an extension, the construction will always require listed building consent and would also possibly require planning permission from the local authority. This may depend on a variety of circumstances including whether the property has been extended previously, the size of the proposed extension and whether the proposed materials are suitable for the project. In some circumstances there will be historic buildings that it is totally inappropriate for any extensions to be considered. Any alterations would be deemed as damaging to the significance of the structure. It could also be damaging for additional extensions to be proposed as the building may have had many additions in the past; any other work possibly damaging the original character of the structure. 5.3 Carrying Out Work without Consent Any person who carries out, or causes to be carried out, any works to a listed building whether to without Listed Building Consent, where such works affect the character of the building as a building of special architectural or historic interest will, on conviction, be guilty of a criminal offence. The subsequent effect on the buildings its character is an offence which can result in prosecution or an enforcement notice, the consequences of which can include: Prosecution: Anyone found guilty of carrying out works on a listed building without consent can be liable to conviction. In cases where a person has pleaded guilty to an offence, they may be liable to imprisonment for a term up to six months, a fine up to £20,000 or both. More serious convictions can result in imprisonment for up to two years, a fine, or both. In the Historic Environment (Amendment) Scotland Act 2011, its states that the convicting judge will not consider the defendant’s intent, state of mind, motive or knowledge when considering whether someone is guilty of the offence. There are only a few accepted defences for someone being convicted of carrying out unauthorised works. These defences include: * The works conducted were required urgently to deal with health and safety issues or issues that threaten the preservation of the building. * Only a major alteration or repair could secure the health and safety or preservation of the building which left no room for a temporary solution. * The works were confined to the minimum necessary to allow efficient maintenance. * Written notice was sent to the local authority as soon as realistically possible, describing in detail, all works that were being carried out. Enforcement Notice: A listed building enforcement notice is an injunction that is given out by the local authority when it is seen that unauthorised works have been carried out or are being carried out to a listed buildings. The notice can be enforced on the occupier, land owner or any other person that has a connection to the construction and includes various details that contain what the accused must do to implement the enforcement notice. The listed building enforcement notice describes: * Works that have been carried out that are considered to be unauthorised. * Describe any remedial steps which must be taken to restore the building to its previous state or, if this is not possible. * What works should be undertaken to alleviate the effect of the unauthorised works or bring the building to the state it would have been in if consent had been complied with. The notice will also set a time-scale within which these steps must be taken. There is a right of appeal to Scottish Ministers against the issue of an enforcement notice which must be lodged prior to the enforcement notice taking effect. Failure to comply with an enforcement notice is an offence. Anyone found guilty of such an offence would, on summary conviction, be liable for a fine of up to £20,000 or an unlimited fine if prosecuted in front of a high court. REFERENCES Cadw. (2012). Towards a Heritage Bill. Cadw. p2. England, C. (2012). Applying for Listed Building Consent. Available: http://www.buildingconservation.com/articles/listedbuilding/listedbuilding.htm. Last accessed 15/10/2012. Historic Scotland (2011). Guide to the Protection of Scotland’s Listed Buildings: What Listing Means to Owners and Occupiers. Edinburgh: Historic Scotland. p3-13. Historic Scotland. (2011). Historic Environment (Amendment) Scotland Act 2011. Available: http://www.historic-scotland.gov.uk/index/heritage/environmentbill.htm. Last accessed 20/10/2012. Historic Scotland. (2012). Historic Buildings. Available: http://www.historic-scotland.gov.uk/index/heritage/historicandlistedbuildings/historic-buildings.htm. Last accessed 20/10/2012. Historic Scotland (2008). Scottish Historic Environment Policy. Edinburgh: Historic Scotland. Annex 6-7. Historic Scotland. (2011). The Historic Environment (Amendment) (Scotland) Act 2011 Explained. Managing and Protecting our Historic Environment What is Changing'. p22. SPICe (2010). Historic Environment (Amendment)(Scotland) Bill. Scotland: The Scottish Parliament. p3-7. Urquhart, D. (2007). Part 1: Principles and Practice. Conversion of Traditional Buildings. Edinburgh: Historic Scotland. p59.