Agenda item

To consider a report by the Head of Planning and Public Protection (copy enclosed) on the condition of the listed building stock in the County.

                                                                                                             9.35 a.m.

A copy of a report by the Head of Planning and Public Protection (HPPP), on the condition of the listed building stock within Denbighshire, had been circulated previously.

Councillor D.I. Smith provided a brief summary of the report instigated by the situation at the former North Wales Hospital.  A clear understanding of the extent of listed buildings at risk within Denbighshire and the implications to the Authority, together with, details of the Planning (Listed Buildings and Conservation Areas) Act 1990 and the responsibilities of Local Authorities (LAs) under the Act had been included in the report.

A report by Cadw in 2009 had identified 1812 listed buildings in Denbighshire, and a 2011 survey identified 148 buildings in Denbighshire as being in the “at risk” category.  The number of buildings in Denbighshire in the worst at risk category with just one point had been 35.  Tables summarising the number and percentage of properties at risk in Denbighshire, and nationally, had been provided.

The HPPP explained that many buildings in the worst category were buildings or structures which stood little or no chance of being a financial asset to the owners.  Owners would be more likely to view the structures as a financial burden rather than an asset and would be reluctant to spend money on repairs which could result in dilapidation.  Of the 35 structures with a point score of 1, 13 were in this category.  Enforcement action was likely to result in carrying out work in default and trying to recover the cost from the owner or compulsory purchasing the building/structure.  Neither option would be attractive for a Local Authority.

The Building Control and Conservation Architect (BCCA) confirmed that grants were becoming increasingly scarce.  The only major funding body with a growing grant budget was the Heritage Lottery Fund and they had previously funded umbrella grant schemes and not private individuals.  Some listed buildings provided opportunities to add value by granting planning permission and listed building consent for a change of use, and another route could be to grant planning permission for enabling development.  Working with an owner to help improve the condition of buildings at risk would be the preferred option, but in some cases the owner rather than the building could present problems.

The HPPP and BCCA explained that enforcement powers include an Urgent Works Notice and a Repairs Notice.  These powers carry an element of risk to LAs with regards the costs of carrying out the urgent works in default or the costs associated with compulsory purchase and consequential responsibility of being the owner of a dilapidated building.  The powers were discretionary and exercised with caution, however, in the circumstances where there were no other options, and where the building might be close to total loss, then a decision not to use enforcement powers may be a threat to the reputation of the Authority. 

The BCCA referred to the consultation process being undertaken with regard to Welsh Government’s (WG’s) proposed changes to the legislation.  He expressed concern that current powers under the existing legislation were not fit for purpose and did not provide the required authority for appropriate intervention.  Members agreed that the Chair submit a letter of support endorsing the views expressed by the BCCA in his response to the formal consultation, which highlighted the risks associated with the enforcement aspect of the legislation.

The BCCA responded to questions from a number of Members and provided details pertaining to structures located in their respective areas. 

Details of potential risks had been incorporated in the report.  There were financial and resource implications with tackling buildings at risk which had been managed on a case by case basis.  In exceptional cases risks had been mitigated as far as possible and the projects had been subject to formal approval and authorisation.

During the current economic climate the need to target available resources more effectively had been recognised, therefore a building at risk strategy was being drafted which examined how limited resources could be used most effectively.          Appendix 1 set out the category 1 Buildings at Risk in Denbighshire by communities.  

The officers provided the following responses to issues raised and questions from Members:-

-               the BCCA provided details of the proposed process to be adopted with regard to the inclusion of newly listed buildings. 

-               It was anticipated that a database containing details of all listed buildings would be provided in the future and updated on a regular basis.

-                 there was no formal appeal process for listed buildings, however buildings could be removed from the list if it could be demonstrated that the information which had led to the building’s listing was incorrect or inaccurate.

-               confirmation was provided that a Preservation Notice could be issued to protect a building in danger of demolition or significant alteration, prior to examination by Cadw.

-               the BCCA provided an assurance that the majority of listed buildings in the ownership of the County Council were well maintained and kept in good repair.

-               The Lead Member for Public Realm requested that Members inform him or the relevant officers if they became aware of listed buildings within their electoral division being modified or demolished without the required consent.

Following further discussion, it was:-

RESOLVED – that, subject to the above observations, the Committee:-

(a)   receive and note the contents of the report, and

(b)  agree that the Chair submit a letter of support endorsing the views expressed by the BCCA in his response to the formal consultation on the proposed changes to legislation relating to listed buildings.