# / . 4 % 8 4 - ! 2 # ( FOR -R 3MITH AND HIS FAMILY RATHER THAN A COMMERCIAL UNDERTAKING AND THEY ALSO GAVE HIM CREDIT FOR PLEADING GUILTY AT THE EARLIEST OPPORTUNITY &OR FURTHER DETAILS CONTACT )AN "OND IAN BOND WESTLANCSDC GOV UK $EMOLITION IS NO HUMAN RIGHT 'REENSIDE THE LISTED HOUSE IN 3URREY DEMOLISHED RECENTLY BY ITS OWNER WITHOUT CONSENT WAS OUTSTANDING "UILT IN BY ARCHITECTS #ONNELL 7ARD AND ,UCAS IT WAS ONE OF THE FIRST MODERN MOVEMENT BUILDINGS IN "RITAIN 7HILE MANY OF THE VILLAS OF #ORBUSIER AND OTHER %UROPEAN MODERNISTS ASPIRED TO CONCRETE CONSTRUCTION BUT IN FACT LACKED THE TECHNICAL EXPERTISE AND LOCAL CONSTRUCTION SKILLS TO USE IT 'REENSIDE WAS A CONCRETE BUILDING WITH NO COMPROMISES )T WAS ONE OF A VERY SMALL NUMBER OF PRE SECOND WORLD WAR MODERN MOVEMENT BUILDINGS THAT HAD AN ENORMOUS INFLUENCE ON POST WAR RECONSTRUCTION )T WAS BEAUTIFULLY PROPORTIONED AND ON A GLORIOUS SITE ON THE EDGE OF THE EXCLUSIVE7ENTWORTH 'OLF #OURSE (AVING A FIRST FLOOR LIVING ROOM WITH A PANORAMIC VIEW OF THE TH GREEN 'REENSIDE ATTRACTED AN OWNER WITH A PASSION FOR GOLF AND NO APPRECIATION OF MODERN DESIGN -ANY NEIGHBOURING PROPERTIES HAVE BEEN RECENTLY REDEVELOPED AND RELATIVELY MODEST %DWARDIAN AND LATER HOMES GENERALLY PRETTY UNDISTINGUISHED ONES HAVE BEEN REPLACED BY MUCH LARGER LUXURY MANSIONS OF &OOTBALLERS 7IVES TYPE ASPIRATIONS WHICH SELL FOR WELL IN EXCESS OF A MILLION POUNDS 4HE MOST EXTRAORDINARY ASPECT OF THE CASE IS THE DECISION BY THE MEMBERS OF THE 2UNNYMEDE #OUNCIL PLANNING COMMITTEE THAT NOT TO LET THE OWNER DEMOLISH 'REENSIDE WOULD BE AN INFRINGEMENT OF HIS RIGHTS UNDER THE (UMAN 2IGHTS !CT 4HAT ACT INCORPORATES INTO %NGLISH LAW THE PROVISIONS OF THE %UROPEAN #ONVENTION ON (UMAN 2IGHTS )T INCLUDES THE @PROTECTION OF PROPERTY !RTICLE OF THE FIRST PROTOCOL AND THE @RIGHT TO RESPECT FOR PRIVATE AND FAMILY LIFE WHICH INCLUDES A RIGHT OF RESPECT FOR THE HOME !RTICLE OF THE CONVENTION (OWEVER IT ALLOWS THE STATE @TO ENFORCE SUCH LAWS AS IT DEEMS NECESSARY AND TO CONTROL THE USE OF PROPERTY IN ACCORDANCE WITH THE GENERAL INTEREST )T DOES NOT SWEEP AWAY %NGLISH PLANNING LAW OR NATIONAL PLANNING POLICY 4HE UNDERLYING RATIONALE FOR PLANNING LEGISLATION IS THAT IT IS NECESSARY TO RESTRICT THE FREEDOMS OF INDIVIDUALS FOR THE GREATER BENEFIT OF THE PUBLIC AT LARGE )F YOU LIVE IN A RESIDENTIAL AREA PLANNING LAW PREVENTS YOU SETTING UP AN ABATTOIR IN YOUR BACK GARDEN OR A NIGHTCLUB IN YOUR BASEMENT IN THE INTERESTS OF THE HEALTH AND SANITY OF YOUR NEIGHBOURS )T WAS THE PIONEERING 4OWN AND #OUNTRY 0LANNING !CT WHICH ESSENTIALLY NATIONALISED THE RIGHT TO DEVELOP LAND IN "RITAIN AND AS A RESULT ESTABLISHED THE PRINCIPLE THAT REFUSAL OF PLANNING PERMISSION DOES NOT AUTOMATICALLY ENTITLE A LANDOWNER TO COMPENSATION 4HE CURRENT OWNER OF 'REENSIDE HAS ARGUED THAT THE COST OF MAINTAINING A S HOUSE IS PUTTING UNDUE STRAIN ON HIS FAMILY S FINANCES AND SENSE OF WELL BEING "UT HE COULD HAVE SOLD THE HOUSE AND MOVED ELSEWHERE (E HAS STATED THAT WHEN HE PUT IT ON THE MARKET NO ONE WAS INTERESTED #ONSERVATION BODIES INCLUDING %NGLISH (ERITAGE BELIEVE THAT THIS WAS SIMPLY BECAUSE HE WAS ASKING TOO MUCH FOR IT HIS EXPECTATIONS HAVING BEEN RAISED BY THE PRICES REALISED BY LARGER HOUSES IN THE NEIGHBOURHOOD 4HESE ARE IN MUCH BETTER CONDITION THAN 'REENSIDE WHICH FOR ALL ITS MERITS WAS OVERDUE A MAJOR REFURBISHMENT !LTHOUGH 'REENSIDE HAS BEEN IRRETRIEVABLY LOST ORGANISATIONS INCLUDING #!"% THE 2)"! THE 4WENTIETH #ENTURY 3OCIETY AND %NGLISH (ERITAGE ARE ASKING FOR A PUBLIC INQUIRY INTO THE COUNCIL S ACTIONS AND ARE PRESSING FOR A SWIFT PROSECUTION OF 'REENSIDE S OWNER )T IS ESSENTIAL THAT THE IDEA THAT THE (UMAN 2IGHTS !CT CAN BE APPLIED IN THIS WAY IS DISMISSED 4HE PROSECUTION MUST RESULT IN A SUFFICIENTLY LARGE PENALTY IN EXCESS OF THE EXTRA VALUE THAT WOULD BE REALISED BY BUILDING A LARGER NEW HOUSE ON THE SITE #ATHERINE #ROFT DIRECTOR 4WENTIETH #ENTURY 3OCIETY 7ORKING IN THE DARK 4HE DEMOLITION OF 'REENSIDE AGAIN SHARPLY FOCUSES ATTENTION ON CRIMINAL OFFENCES AND THE NEED FOR A BETTER NATIONAL PERSPECTIVE BASED ON SOUND DATA 3UCH CASES OF TOTAL DEMOLITION ARE RELATIVELY UNCOMMON BUT WHAT IS UNSATISFACTORY IS THE EVIDENT UNWILLINGNESS OR INABILITY OF LOCAL AUTHORITIES TO PROSECUTE IN APPROPRIATE CIRCUMSTANCES 2ESEARCH FOR THE /$0- IN AND BY %NGLISH (ERITAGE AND OTHERS SINCE HIGHLIGHTS VERY LOW NUMBERS OF PROSECUTIONS 4HE )("# S STUDY OF CONSERVATION OFFICER WORKLOAD RANKED ENFORCEMENT A LOWLY SIXTH OUT OF SEVEN MAIN PRIORITIES )T IS RESOURCE HUNGRY AND INTENSIVE LONG TERM WORK OFTEN OVERWHELMED BY OTHER SHORT TERM DEMANDS )N THE PAST THE ONLY INTEREST SHOWN BY LEGISLATORS IN LISTED BUILDING PROSECUTIONS WAS WHEN THEY WERE FACING PROSECUTION THEMSELVES 0ETER 2OST -0 AND 4ERESA 'ORMAN -0 ! RECENT REVIEW BY /$0- OF PLANNING ENFORCEMENT FAILED TO EXAMINE LISTED BUILDING OR CONSERVATION RELATED ISSUES DESPITE A NEED FOR THIS EXTENDING BACK MORE THAN A DECADE 4HERE ARE NO SIMPLE SOLUTIONS TO THE PRESENT LACK OF ACTIVITY -ORE RESOURCES BETTER LEGISLATION BETTER GUIDANCE AND TRAINING FOR LOCAL AUTHORITY OFFICERS COUNCILLORS AND THE JUDICIARY WOULD ALL HELP IMPROVE THE PRESENT STATE OF AFFAIRS AND UPHOLD THE SECRETARY OF STATE S ADVICE ABOUT THE POWER OF THE EXEMPLARY PROSECUTION )N THE INTERIM WE NEED BETTER DATA AND THE ONLY WAY TO GET IT IS FOR YOU TO SUPPLY IT ) AM STILL INTERESTED IN HEARING FROM ANY OF YOU WITH CASES TO ADD TO THE CURRENT NATIONAL DATABASE n WHICH OBJECTORS TO THE 'REENSIDE CASE ARE USING TO BACK THEIR ARGUMENTS 0LEASE SEND ME DETAILS OF ANY NEW CASES AT BOB KINDRED IPSWICH GOV UK "OB +INDRED -"% $OES YOUR ENGINEER #!2% 4HE #!2% #ONSERVATION !CCREDITATION 2EGISTER FOR %NGINEERS SCHEME WAS LAUNCHED AT THE END OF .OVEMBER AS A JOINT INITIATIVE BETWEEN THE )NSTITUTION OF 3TRUCTURAL %NGINEERS AND THE )NSTITUTION OF #IVIL %NGINEERS )TS AIM IS TO IDENTIFY ENGINEERS SKILLED IN THE CONSERVATION OF HISTORICAL WORKS AND SITES n BUILDINGS BRIDGES HARBOURS RIVERBANKS CANALS INDUSTRIAL SITES OR NATURAL LANDSCAPES 4HE INITIATIVE WAS INITIALLY PROMPTED BY %NGLISH (ERITAGE (ISTORIC 3COTLAND AND THE LOTTERY FUND ANNOUNCING THAT A FUTURE CONDITION FOR APPLICATIONS FOR GRANT AID WOULD BE FOR THE WORK TO BE LED BY A CONSULTANT ACCREDITED IN CONSERVATION .OTWITHSTANDING THIS CONDITION IN PRACTICE ONLY A SMALL PERCENTAGE OF PROJECTS ARE LED BY ENGINEERS THE MERITS OF ACCREDITING ENGINEERS IN CONSERVATION WILL HAVE A MUCH WIDER IMPACT #!2% WILL PROVIDE A REGISTER THAT POTENTIAL CLIENTS WILL BE ABLE TO USE AS A FIRST FILTER WHEN CHOOSING A CONSULTANT FOR WORK ON HISTORIC STRUCTURES )T IS ALSO HOPED THAT IT WILL MAKE ENGINEERS MORE AWARE AND MORE SKILLED BY PURSUING THEIR CONTINUING PROFESSIONAL DEVELOPMENT IN THIS SPECIALIST FIELD %NGINEERS WORKING IN CONSERVATION MUST HAVE AN APPRECIATION OF DISCIPLINES
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