IHBC Annual School in York Institute of Historic Building Conservation No 91 September 2005
For years lime mortar has been the natural choice for conservation and renovation projects. Now thanks to Lime Technology, lime has been taken forward into the next generation with a range of lime renders and spray applied lime plasters. Add in the use of bulk silos for on site production of mortar and it’s easy to see the benefits of using limetec. Compared to cement based mortars, limetechas a number of advantages: • Accommodates settlement or thermal shock movement, reducing or eliminating the need for expansion joints • Permeable, allowing buildings to breathe • Long-proven performance • Provides good bond and compressive strength • Available in bulk silos for quick on site production, minimal wastage & guaranteed mix proportions limetechas been used and is being used on a host of projects including sympathetic refurbishments, renovations and extensions. Lime Technology Ltd, Hampstead Farm, Binfield Heath, Henley on Thames, Oxfordshire RG9 4LG T: 0845 603 1143 F: 0118 969 7771 E: [email protected] W: limetechnology.co.uk generation Spray Plaster Slough Bottom Farm Buckinghamshire St Pancras Station Regeneration Roundhouse Theatre Regeneration Private House Renovation Chantry House, Renovation
C O N T E X T 9 1 : S E P T E M B E R 2 0 0 5 Context Cover: IHBC Annual School delegates emerging from a welcome reception held at the Hospitium, Museum Gardens,York From heritage to regeneration Editorial All this makes the cut in funding for area grant schemes in the current financial year very bad news indeed. Is the government really not aware of the schemes’ value, in terms not just of saving buildings at risk, but of jobs, affordable housing and community, leisure and cultural facilities? Relatively little funding can often release substantial match funding and private sector investment. English Heritage needs to get its property management function in perspective. Its responsibility for stately homes and castles is certainly important, but that focus will not attract support for the heritage sector from a government committed to delivering the sort of benefits that are at the front of people’s minds at election time. The cue for English Heritage could come from the profession of historic building conservation, which is itself increasingly proactive and concerned with delivering projects, and with the often painful processes of bidding and project management that this often involves. There is always a risk of the heritage sector being stereotyped as representing the narrow interests of educated, middle-class people with time on their hands and the leisure to look beyond the common concerns of everyday life. English Heritage has some powerful evidence to counteract that image. As Dave Chetwyn points out (p32), over the past ten years its area grant schemes have had a major impact on the social and economic life of the everyday places where people live, work and spend their leisure time. In govspeak, the conservation of historic buildings has contributed to making sustainable communities and promoting social inclusion. English Heritage’s grant schemes have enabled people in local government who support building conservation to make the case for conservation services by showing how wide the benefits are. Conservation can be shown to be a positive means of promoting regeneration, not an obstacle to progress. And for English Heritage, it is a chance to step beyond its image of representing the heritage police. Briefing 2 Out of Context 3 Periodically 4 Legal Briefing Charles Mynors and Alex Booth 7 IHBC Annual School overview Alison Cummings 11 Making appraisals work: the matrix JackWarshaw 14 Sourcing and matching stone by petrography Graham Lott 16 A lime for all seasons Richard Smith 17 Ten years of the Heritage Lottery Fund Kate Clark 21 Working with conservation management plans Kate Clark 25 Management guidelines for the Barbican Breda Daly, David March and Roger Mascall 28 Area grant schemes deliver for local communities Dave Chetwyn 32 The long road to repairs Ollie Chapman 34 Notes from the chair 37 Membership notes 38 Vox pop 38 Book reviews 39 Products and services 41 The Institute of historic building conservation www.ihbc.org.uk Registered as a Charity Number 1061593. Company Limited by Guarantee. Registered in England Number 3333780. Registered Office: 3 Stafford Road,TunbridgeWells, Kent TN2 4QZ. IHBC Officers President: David Lovie email [email protected] Chairman: JohnYates email [email protected] Vice Chair: Dave Chetwyn email [email protected] Secretary: Richard Morrice email [email protected] Treasurer: Michael Knights email [email protected] Membership Secretary: Mike Lea email [email protected] Consultations Secretary: Dave Chetwyn email [email protected] Law & Practice Coordinator: Vacant email [email protected] Education Secretary: John Preston email [email protected] Publicity Secretary: Sarah Buckingham email [email protected] Director: Seán O’Reilly email [email protected] Branch Officers North: John Pendlebury Tel 0191 284 2119 NorthWest: Anthony Blacklay Tel 01270 610050 Yorkshire: Keith Knight Tel 01904 658482 West Midlands: Karen Holyoake Tel 01384 826891 East Midlands: Fiona Newton Tel 01507 601111 South: Gill Butter Tel 02380 285324 SouthWest: Colin Ellis Tel 01305 838334 East Anglia: Mike McConnell Tel 01284 735057 South East: Paul Barker Tel 01825 760705 London: David McDonald Tel 020 8881 6724 Scotland: Charles Strang Tel 01835 822560 Wales: Nathan Blanchard Tel 01824 708048 Northern Ireland: Sharon BrownTel 028 9754 3087 Republic of Ireland: Bernard DeeTel 00353 1 873 7226 Business Office Jubilee House, High Street, Tisbury, Wiltshire SP3 6HA England Tel 01747 873133 Fax 01747 871718 email [email protected]
C O N T E X T 9 1 : S E P T E M B E R 2 0 0 5 Context Briefing Copy deadlines Context is published five times a year, in March, May, July, September and November. The final copy deadline for 2005 is 16 September for November’s Context, Issue 92. Editor Robert Cowan Editorial Coordinator Nigel Barker, 65Worplesdon Road, Guildford, Surrey GU2 9RT. Tel 01483 562 851 email [email protected] Editorial Board Nigel Barker (chair) Susan Brook (treasurer and IT) Nigel Crowe (main features) Peter de Figueiredo (book reviews) Julia Smith (IHBC branches) Michael Taylor (main features) Cartoons by Robert Cowan Context is distributed to all members of the Institute of Historic Building Conservation. © Institute of Historic Building Conservation 2005 ISSN 0958-2746 Publisher Published for the Institute of Historic Building Conservation by Cathedral Communications Limited, High Street, Tisbury,Wiltshire, England SP3 6HA Tel 01747 871717 Fax 01747 871718 email [email protected] www.buildingconservation.com Non-member subscriptions to Context Context is available to non-members of the IHBC at an annual subscription rate, including postage, of: United Kingdom £50.00 Elsewhere £75.00 Subscription orders, together with remittances payable to Institute of Historic Building Conservation, should be sent to the IHBC Business Office at Jubilee House, High Street, Tisbury, Wiltshire SP3 6HA. The views expressed in Context are not necessarily those held by the IHBC nor the publisher. Neither the publisher nor the IHBC shall be under any liability whatsoever in respect of contributed articles. We gratefully acknowledge the support of firms whose advertisements appear throughout this publication.While every effort has been made to ensure that the information contained in this issue of Context is current and correct, neither the IHBC nor the publisher can be held responsible for any errors or omissions which may occur. Out of the ashes Oats Royd Mill, perched above the Luddenden Valley near Hebden Bridge inWest Yorkshire, is being converted to apartments by Lowry Renaissance. The mill, dating back to 1847, closed in 1982. Seven years later the six‑storey central section was ravaged by fire and subsequently demolished. The photographs show the mill as it has looked since the fire and a recent view showing the newly built section. Managing historic suburbs The IHBC NorthWest Branch conference on Managing Historic Suburbs will be held onWednesday, 2 November 2005 at Stockport Town Hall. Suburbs are a common feature of most British towns and cities and are one of the UK’s major contributions to town planning. A distinctive element of the character of towns and often designated as conservation areas, they remain popular places to live. Yet despite the high value placed on their environmental quality, suburbs are under increasing threats from demographic shifts, changing lifestyles and economic pressures, all contributing to an incremental erosion of character. The conference, supported by English Heritage, will assess the significance of suburbs, and consider ways of addressing the pressures threatening their historic identity. Case studies and speakers will demonstrate how suburbs can be positively managed to create sustainable communities for the future. Contact Michael Scammell ([email protected]) or Peter de Figueiredo (peter.defigueiredo @english-heritage.org.uk). Focus on the twentieth century The IHBC London Branch conference on ‘Twentieth-century Buildings: conservation solutions’ will be held on Tuesday, 15 November 2005. Twentieth-century buildings present some of conservation’s greatest dilemmas, whether it is the repair of relatively modern materials, the long-term survival of structures of a very temporary nature, or the management of often very large and complex developments. Added to this is the dilemma that while public appreciation of buildings from the 1920s and 1930s is now well established, the majority of people still see little value in post-war buildings, and often associate them with many of society’s social ills. This one-day conference, to be held in Denys Lasdun’s Grade I listed Royal College of Physicians (1960–64), aims to provide an insight into an unparalleled period in our architectural history. It will examine the conservation of modern architecture and offer practical solutions to some of the most frequently faced problems. Speakers include Graham Morrison, Elain Harwood, Catherine Croft, Jeremy Gould on rebuilding Plymouth, Charlie MacKeith on Span, Kevin Murphy on management agreements, Julian Harrap on concrete repairs at the Royal Aircraft Establishment, Farnborough, John Pyatt on metal windows, and Fiona Lamb and Keyvan Lankarani on restoring Isokon. Contact: [email protected]. EHTF conference The English Historic Towns Forum 2005 Annual Conference and AGM will take place in Oxford on 19–21 October. Title: Transportation and the Historic Public Realm. Venue: Linton Lodge Hotel, Oxford. Cost: £270 full members/ £315 affiliated members/ £360 non-members. Contact: Helen Johnson, tel 0117 9750459, [email protected], www.ehtf.org.uk/ events.asp.
C O N T E X T 9 1 : S E P T E M B E R 2 0 0 5 Are you missing copies of Context? Did you lend your copy of Context to someone and it was not returned? Have you gone to refer to a particular issue only to find it missing? Annoying isn’t it? Now members can obtain back copies of Context free of charge. There is a stock of most issues going back to issue 17. To check availability contact Lydia Porter at the business office by email at [email protected] or by phone on 01747 873133. ‘What is so special about the pathetic rubble walls of remote St Columba’s that Historic Scotland insists it can not be re-roofed and restored? The problem is that Historic Scotland – like English Heritage – is now dominated by academic archaeologists, who – as Betjeman pointed out – lack any aesthetic sense. Their pedantry over St Columba’s suggests they also lack commonsense.’ ‘Piloti’ writing in Private Eye about plans to re-roof the 14th century St Columba’s Church at Uidh on the Isle of Lewis. ‘The convention would only have teeth if prosecutions can result, and the only way to do that is to set up an international court. ‘The convention is either ignored, downplayed or the buildings are actual targets in wars about ideology and nationalism. In those kinds of conflicts you are on a hiding to nothing.’ Robert Bevan, author of a forthcoming book on conflict and architecture, commenting in Building Design on the government’s proposal to put little blue flags on important buildings that should be protected from attack in time of war under the 1954 Hague convention. ‘THE [conservation] area is festooned with mansards, and is it not the job of the conservation department to ensure a degree of consistency in the streets? As a result of my sudden interest, a conservation officer is released from his Pevsner-lined lair (or so I like to imagine it) and we take a stroll round the zone. ‘I am seeing my patch in a whole new light. But he is adamant on the crucial point: Georgian architectural fashions included the mansard – and we boast a few Georgians near the common – but mansards are wholly out of place on a Victorian house. “But,” I ask him, “don’t houses grow; shouldn’t they change over time according to need and use?” ‘He looks at me strangely, as if I’ve just told him that the moon does not supply the world’s demand for blue cheese. “My task,” he states clearly, “is conservation. I can not bear to see a mansard on a 19th-century property.” “But most people don’t look at a mansard and say ‘That’s Georgian, what the hell’s that doing there?’” “But I do.” “But no one else does.” “I’m the conservation officer! That’s what I’m supposed to do.”’ Jonathan Myerson, a councillor in the London Borough of Lambeth, writing in the Guardian. ‘Church buildings are a hugely important part of [the] heritage. From the glories of Canterbury Cathedral to the less spectacular but equally beautiful Church of the Holy Trinity in my own Tottenham constituency, they are enduring examples of the finest of this country’s architecture. As a former chorister at Peterborough Cathedral choir school, I can speak first hand of the inspiration and perspective brought about by spending time in these magnificent spaces.’ Culture minister David Lammy MP announcing the future of the ecclesiastical exemption. ‘It is incredible to think that when the Pyx door was made, the Norman Conquest had not yet happened andWilliam of Normandy was still a young man of about 20 years old.William was later crowned King of England on Christmas Day 1066 just a hundred feet away from the door.’ Simon Thurley, chief executive of English Heritage, commenting on the discovery of the oldest door in Britain atWestminster Abbey, following a study by English Heritage with the support of the Dean and Chapter.The door to the Chapter House outer vestibule is now known to be the only surviving Anglo-Saxon door in England, dating back to the 1050s. ‘I warned the owner he either comes up with something or we will slap him with an urgent repairs notice as an adjunct to a compulsory purchase order. ‘I also told him that if the building burned down, the only thing we would consider is a rebuild.We would refuse any housing estate on the plot and would resist any development at all on the grounds.’ Conservation officer Peter Thornborrow quoted in Building Design on his determination to save Barrington Park in the Cotswolds, whose owner is likely to be permitted to demolish the house’sVictorian wings so that he can afford to repair the Georgian core. Immortalised in wood The owner of a listed building in Ludlow, Shropshire, has been so pleased with the restoration work on his property that he has had a wood carver immortalise all the key individuals who have contributed to the work. Colin Richards, conservation officer with South Shropshire District Council, is among those elevated. His contribution to the project was advice and hands-on demonstrations of traditional wattle and daub and plastering work.
C O N T E X T 9 1 : S E P T E M B E R 2 0 0 5 Periodically… After neglect, one of the biggest causes of loss of historic buildings is fire; and of course, neglected buildings seem somehow to suffer more than their fair share of spontaneous combustions. The Victorian Society recently highlighted such factors in the July issue of The Victorian (No 19). Particularly distressing was the near total gutting of GG Scott’s domestic masterpiece Hafodunos Hall in North Wales to a fire in 2004. The society discusses this disaster within the general problem of historic buildings at risk in NorthWales. Serious concern is also expressed about the fate of the Grade I Kimmel Park in Conwy. This house, described by Mark Girouard as ‘an unbelievably palatial house for a Victorian commoner’, was built for Hugh Robert Hughes (his initials were said to correspond to his ideas of his own status). Between 1868 and 1874W Eden Nesfield dramatically remodelled it in the Queen Anne style. It became a school in 1947. After a fire in 1975, the school used the insurance to move elsewhere. The building has since passed through a succession of owners, including a Christian conference centre. Each successive owner seemed to capitalise on general rising property values but did nothing to save the building. The estate is now the cause of the gravest concern. It is an object lesson in the failings of the application of existing statutory legislation. The issue of TheVictorian does at least have some good news, describing how recent owners have saved Sir Charles Barry’s Grade I listed Gwydir Castle. The society also celebrates something of a victory in reversing Harrogate Borough Council’s intention to turn down a £6 million grant from the Heritage Lottery Fund to restore Frank Matcham’s Grade II* Royal Hall. The council, resistant to a partial restoration, has now agreed to a reduced scheme and to raising £2 million. The unfunded elements are the subject of a major local campaign seeking a further £1 million. One other item of note in the magazine identifies specialist woodworking firms which can repair or replicate traditional ornamental and perforated bargeboards so idiomatic of Victorian domestic architecture. When is conservation too much conservation? When has the pendulum swung too far? Ian Mackintosh, historian, theatre consultant and begetter of Curtains!!! (the theatres database), argues in Theatres, the magazine of the Theatres Trust (Issue 4, Summer 2005), that the movement to preserve what was left of Britain’s great theatres – which started around 1976 – may have been too successful. He asks if they should be preserved in aspic in their present state, especially when they are so very different from when they were built a century ago. Mackintosh believes that conservation is in danger of ossifying London’s West End if not checked most carefully. While he thinks the best examples deserve grant aid for preservation and accurate conservation, others should be the subject of less inhibition and more imaginative remodelling. He also sees the gentrification of auditoria as an unjustified excuse to raise ticket process. A thought-provoking polemic that might also inform the debate on the treatment of other building types. Other pleasures (apart from several superb full-page photos of theatre interiors) include a whistle-stop guide to some of the outstanding theatres of Yorkshire; a short explanation of the role of the trust’s kindred organisation the Cinema Theatres Association; and the trust’s concern and statutory role in objecting to the disfigurement of theWellington Pier Theatre in Great Yarmouth. In the latest edition of the RICS Building Conservation Group Journal (No 38), the gradual reconstruction of the precincts of Decin Castle in the north-western part of the Czech Republic is described. The process began in 1991 when the local authority assumed control of the complex after 55 years of military use. Although the repairs have been limited by financial constraints, the castle has been successfully reintegrated into the cultural and social life of the area. First mentioned in 993, the castle was reconstructed in the early classical style in the 16th to 18th centuries. It makes an interesting comparison at Bontida in Romania, where the IHBC has been involved. The use of heritage economic regeneration scheme and strategic partnership board funding in the London Borough of Walthamstow to restore and replace ornate late Victorian rainwater hopper heads using Tuscan Foundry in Horsham,
C O N T E X T 9 1 : S E P T E M B E R 2 0 0 5 West Sussex is fully described. This highlights the significant benefits of micro-managing the repair of historic buildings and successfully counters the pronouncement of one leading national conservation figure that conservation should not get involved with detail. The summer issue also explains how English Heritage has been conserving Dover Castle’s famous network of military tunnels. The latest issue of the Journal of Architectural Conservation (Vol 11, No 2) has as its main item the first of two articles about the approaches to management and conservation of one of the iconic and appealing buildings of the 20th century, the Sydney Opera House. Susan Macdonald (who worked for English Heritage for a decade) and Patricia Hale, both now at the New SouthWales Heritage Office, describe the continuing adaptation of this unique and beautiful building in response to pressures arising from tourism and changing performance technologies. Since its completion in 1973 it is estimated that 45 million people have attended 100,000 performances and 100 million people have visited the site. The difficult history of the competition leading to Jørn Utzon’s winning design and the architect’s dismissal (‘resignation’) in 1966 and the aftermath are described together with the growing realisation that heritage management principles were required for a building that until recently was not formally recognised as a heritage site. A major impetus at national level for reappraisal and reconciliation of Utzon’s original concept and more appropriate treatment of the building, following the alterations since his departure, was the need at the end of the 1990s for major works to maintain its standing as a major performance venue. Overtures were made to the architect to advise on the proposed works in 1999, despite his being in his 80s and not wishing to travel. Utzon has been represented by his son Jan. Design principles for the building were prepared and a budget of $69.3 million allocated for the projected upgrading. Work began in May this year on the first structural change to the exterior since its construction. The conservation management framework has already been tested in the former reception hall, now renamed the Utzon Room, and in the foyers of the drama theatre and elsewhere. The practical issues of applying such overarching guidance will be the subject of the second article. Although conservation plans have been promoted for more than a decade, Chris Miele argues that there is no research to establish whether they are working. But he has anecdotal evidence relating to a number he has prepared. He believes that conservation plans need to be based on a more complex understanding of the development process. Miele illustrates this point by reference to specific plans prepared for different kinds of clients. He concludes that for plans to be more effective they need greater flexibility to adapt to the differing circumstances of individual clients and the objective of commissioning; more realistic expectations of what a plan will actually achieve (he detects a pious tone to some examples); and concrete examples of how plans have been applied to demonstrate why flexibility of application is essential. He suggests that the current and projected changes to the planning and heritage systems will present opportunities to make real progress in this area as management agreements become more of the norm. ‘The Changing Façade of Magdalen College, Oxford: reconstructing long‑term soiling patterns from archival photographs and traffic records’ by Mary Thornbush and Heather Viles neatly encapsulates the outcome of a study which unusually had allowed evaluation over a century of the long‑term changes in air pollution. It shows that archival methods can usefully supplement current traffic records and can help establish a proper monitoring methodology for examining the changes to the condition of building façades. Bridget Litchfield, a building surveyor for the National Trust, provides a valuable report on its Holnicote Estate inWest Somerset, where 37 thatched roofs required urgent repairs. This was seen as a major opportunity to implement a repair programme based on a better understanding of thatch and thatching techniques. The estate has over 60 thatched buildings, mainly cottages but also including estate buildings, a former school-house and a smithy. Twenty-six of the cottages pre-date the 17th century. The three-year project encompassed repairs to the roofs, documentary research, and investigation of thatching materials, monitoring the performance of thatching straw and trialing in 2000, followed by production of straw on the estate. Enough is now grown for an annual programme of repairs. This represents a (probably) unique and environmentally sustainable approach to the management of both land and buildings, which it would be valuable for others to follow. Another item of interest in this issue describes techniques for characterisation of earthen buildings in Devon using GIS to integrate and analyse different data. This has been undertaken by Margaret Ford, Richard Griffiths and LindaWatson at the Centre for Earthen Architecture at the University of Plymouth. There can be a problem identifying cob buildings with altered façades. The methodology uses the triangular concept of combining documentary architectural information from the statutory lists and historic information about significance with topographical factors, to discover their location and to enhance their list descriptions where cob has been identified as the material of construction. Similar methods have been used by Essex County Council for
C O N T E X T 9 1 : S E P T E M B E R 2 0 0 5 its historic towns survey. The authors feel that this technique, applied to a small part of Devon (Sandford), could be expanded both geographically, and to other building materials and building types. The Society for the Protection of Ancient Buildings (SPAB) has from its inception been concerned with inappropriate restoration abroad. Early campaigns included lobbying against unsuitable works in Venice. The summer issue of SPAB News (Vol 26, No 2) highlights the distressing ‘restoration’ to the point of destruction of many of central Asia’s finest medieval buildings in Uzbekistan in the name of tourism, and the continuing destruction of historic buildings in Moscow. While one might cavil about the space devoted to Julie Burchill’s hero‑worship of CloughWilliams-Ellis, there is much else to provoke thought, even among the letters to the editor. These include the question of whether Slains Castle would be better left a ruin than made a pastiche; the rights and wrongs of moving Temple Bar (again) – this instance being perhaps the exception rather than the rule for SPAB opposition; and a curious tale from Suffolk about the obsessive taste acquired by local magpies for new window putty. Birdseed for garden birds, dollops of putty for magpies? IHBC member Harriet Devlin describes the process of making genuine wrought iron at the Ironbridge Museum, and its virtues over mild steel. Seven pages are devoted to the technical problems of attics and basements (and the perceived intransigence of conservation officers), while SPAB’s technical secretary gives some simple and clear advice on the removal of inappropriate cement mortar. Finally, as customarily reported at this time of year, the Newsletter of the Paul Mellon Centre for Studies in British Art (Issue 20, June 2005) has announced research and other awards to individuals, probably leading in due course to publications of interest. Fellowships go to Vaughan Hart for the completion of his book John Vanbrugh: storyteller in stone and to John Wilton-Ely towards his book The Adam Style: a revolution in design. Research grants go to Alla Vronskaya for work on Sir Reginald Blomfield as a garden designer; Nicholas Roquet onWilliam Burgess; and SusanWilson on the 19th century English Swiss cottage. Bob Kindred MBE CORNERSTONE VOLUME26NUMBER22005 THEMAGAZINEOFTHESOCI TYFO THEPROTECTION FANCIENTBUILDINGS ANCIENTALLT-Y-BELASAVED WIGHT’SHIDDENTREASURES UPSTAIRSDOWNSTAIRSLORE HARDTRUTHABOUTCEMENT UZBEKFEARS,AFGHANHOPE THELASTOFWROUGHT IRON Clough Williams-Ellis – Julie Burchill’s hero SPAB’s gentle genius Spab cover_Kev 1/6/05 11:28 am Page 1 Annual School 2006 SUSTAINABLE CONSERVATION? On the Waterfront 22–25 June 2006 at the University of Plymouth, Devon The 2006 Annual School’s theme is demonstrating that conservation of the built heritage is at the heart of current thinking concerning sustainable communities and economic development. Plymouth provides a wide range of sites and examples for regeneration, and many are within walking distance of the university near the city centre. Many interesting, educational and entertaining activities have been planned. Watch for 2006 Annual School booking information on www.ihbc.org.uk
C O N T E X T 9 1 : S E P T E M B E R 2 0 0 5 This article touches upon two essentially unrelated issues that happened both to arise recently in a decision of the High Court, Chant v Secretary of State, reported briefly at [2003] JPL 1200 and (2002) 28 EG 127 (CS) (a transcript can be obtained on the Internet service Lawtel). The first is the situation that sometimes arises where a historic building is being used, perfectly lawfully, for a purpose that is inevitably leading to its disrepair – and perhaps, slowly but surely, to its eventual collapse. For example, a group of listed farm buildings may be used for a variety of informal uses such as vehicle repairs, storage of building materials, and miscellaneous light industry, with complete disrespect for the condition of the buildings and their setting. This was the problem at Home Farm, a listed building in Somerton, a small market town in Somerset. The local authority took action that ultimately caused the whole issue to appear in the High Court. The second is the vexed issue of whether listing is a breach of human rights – which has been a source of mild anxiety in certain quarters since the passage of the Human Rights Act 1998. This was touched on in Chant, and also in one or two other relevant recent decisions. The problem of unsuitable uses In such a situation, there is no point in the local planning authority serving an urgent repairs notice. The problem is real, but not immediate. Nor is it appropriate for it to serve a section 215 notice, since it would be possible to appeal against it on the ground that the condition of the building is due to the carrying on of operations or a use of land which is not in contravention of planning control. And it may be that, in such circumstances, compulsory purchase of the building would not achieve anything either, since a new owner would not be willing to spend the money necessary to repair the buildings if they were still going to be used in an unsuitable way. The same would apply where buildings (including sheds and so forth) spoiling the setting of listed buildings or monuments – or alterations or extensions to unlisted buildings – have been allowed to remain for more than four years, so that it is no longer possible to take enforcement action to secure their removal. Alterations to listed buildings themselves can of course be the subject of enforcement action indefinitely (see the recent decision of the Court of Appeal in Braun v Secretary of State) but that does not apply where the erection of the shed, or whatever, did not need listed building consent in the first place. In other words, it is the use that is the problem; and until that is brought to an end, the condition of the buildings will not improve, and they may in the long run be lost altogether. But where that use is lawful (whether or not it has been the result of a formal grant of planning permission) enforcement action will not succeed in bringing it to an end. Thus the only option in such a case is for the planning authority to make a discontinuance order under the Planning Act – and to pay compensation. Discontinuance action Section 102(1) of the Town and Country Planning Act provides as follows: ‘If, having regard to the development plan and to any other material considerations, it appears to a local planning authority that it is expedient that in the interests in the proper planning of the area (including the interests of amenity), (a) that any use of land should be discontinued, or that any conditions should be imposed on the continuance of a use of land; or (b) that any buildings or works should be altered or removed, they may by order (i) require the discontinuance of that use, or (ii) impose such conditions as may be specified in the order on the continuance of it, or (iii) require such steps as may be so specified to be taken for the alteration or removal of the buildings or works, as the case may be.’ Equivalent provisions are in section 71 of the Scottish Planning Act and article 39 of the Northern Ireland Order. LEGAL BRIEFING Listed buildings: unsuitable uses, and human rights Charles Mynors and Alex Booth ask: what can be done where a historic building is being used for a purpose that is leading to its disrepair? And is listing a breach of human rights?
C O N T E X T 9 1 : S E P T E M B E R 2 0 0 5 As for the meaning of the word ‘amenity’, it has been held in an Australian decision of 1955 that ‘…the word may be taken to express that element in the appearance and layout of town and country which makes for a comfortable and pleasant life rather than a mere existence.’ More recently, the Court of Appeal has held that ‘the word “amenity” still connotes… “pleasant circumstances or features, advantages”.’ And it has been held that the amenity of land may be defined as “[its] visual appearance and the pleasure of its enjoyment”. A current dictionary definition is “the pleasantness or attractiveness of a place”. Application to listed buildings The application of this provision in the context of listed buildings was considered by Sullivan J in the High Court in the recent case of Chant v Secretary of State [2003] JPL 1200, (2002) 28 EG 127 (CS), which related to Home Farm, referred to above. The court confirmed that ‘the proper planning of the area’ and ‘the interests of amenity’ could include the preservation of listed buildings – particularly where the development plan included (as most such plans do) policies encouraging the preservation of listed buildings. The same approach would doubtless apply where a discontinuance notice was to be served to improve the setting of a listed building, or land in a conservation area. The relevant planning authority should consider carefully what it wishes to achieve. It may thus make a discontinuance notice to bring about the cessation of any lawful use or buildings, stating what use is to be stopped or modified, or what buildings are to be removed. It may couple this with an enforcement notice bringing to an end any unlawful activities on the site; or with a grant of planning permission for some alternative use or building (see section 102(2)). A discontinuance must be sent to the secretary of state for confirmation. A copy is to be sent to the owner, who is entitled (under section 103) to object at an inquiry. In Northern Ireland, a notice is issued by the department, and sent to the owner, who again can object at an inquiry. There is no particular burden of proof on the authority making the order, simply a requirement to justify that the proposed action is expedient. Nor, said the court in Chant, is the making of an order a breach of human rights under article 1 of the Protocol to the European Convention on Human Rights (ECHR). Its decision in that case provides useful guidance on how this operates in practice, and should be read by any authority contemplating going down this route. Unfortunately, compensation has to be to be paid, under section 115 (section 83 in Scotland), to anyone who suffers loss as a result of the making of a discontinuance order. But the procedure may still be useful in certain cases. Human rights It will be noted that the court in Chant referred to article 1 of the Protocol to the European Convention on Human Rights (ECHR). This states as follows: ‘Every natural or legal person is entitled to the peaceful enjoyment of his possessions. No one shall be deprived of his possessions except in the public interest and subject to the conditions provided for by law and by the general principles of international law. The preceding provisions shall not, however, in any way impair the right of a state to enforce such laws as it deems necessary to control the use of property in accordance with the general interest or to secure the payment of taxes or other contributions or penalties.’ The landowner had claimed at the inquiry that the order was an interference which violated his rights under Articles 1 and 8. Sullivan J rejected these arguments and stated that the preservation of listed buildings was a proper planning consideration. In particular he noted: ‘Although set in the context of a consideration of the objectors’ rights under Article 1 of the First Protocol, the secretary of state is, in substance, carrying out the same balancing exercise as is required under section 102 in deciding whether or not it is “expedient” to make the order in the public interest. …both the inspector and the secretary of state applied the correct statutory test and there was ample material on which they were entitled to conclude that it was expedient in the interests of the proper planning of Somerton to confirm the order. It could not possibly be said, in the light of the inspector’s conclusions on the planning merits, that the secretary of state’s decision was either unreasonable or in any way disproportionate.’ That appears to represent the only English decision on human rights and the listing process. However, in a recent Scottish case, Cannell v The Scottish Ministers, the claimant argued that the burden of the system of control of listed buildings on him should be regarded as excessive, considering particularly the
C O N T E X T 9 1 : S E P T E M B E R 2 0 0 5 number and length of the various procedures involved in the enforcement of the control, the cost to him, the sanctions engaged or threatened in connection with those procedures, the lack of fault on his part, the power to recover expenses from him and the practical consequences of listing. He relied in particular on the system’s alleged deficiency in respect of expenses. As a result, he submitted, Articles 1 and 8 had been violated because the burden was disproportionate to its legitimate aims. The conclusion of the court was that the system was proportionate and that it was ‘going too far’ to say otherwise. Finally, it may be noted that in another recent decision, R (Brennon) v Bromsgrove DC, which concerned the making of a tree protection order, a challenge was made to the order on the ground that it interfered with the claimant’s right to enjoyment of his property in a way that was excessive and disproportionate. Richards J rejected that submission, stating: ‘So far as concerns Article 1 of Protocol 1, the short answer, in my view, is that the statutory regime concerning tree preservation orders represents a fair balance between the general interest of the community and the requirements of the protection of the individual’s rights, to use the language of the court in James v United Kingdom at para. [50]. An order may be made only where it is needed in the interests of amenity to do so. There are elaborate procedural safeguards, Charles Mynors and Alex Booth are barristers in the Chambers of Robin Purchas QC in the Temple and Charles is now a visiting professor in the planning department at Oxford Brookes University. They are grateful to Emily Lomax for assistance on the human rights point. The fourth edition of Charles’s seminal book, Listed Buildings, Conservation Areas and Monuments: the law of the cultural heritage, to be published by Sweet & Maxwell at the end of this year, has been completely rewritten to include all relevant new legislation and decisions of the courts since the previous edition, and to refer fully to Scotland and Northern Ireland as well as England andWales. including the right to make representations before an order is made and the right to seek consent under the order and to appeal to an inspector against any refusal to give such consent. One sees in all of this a striking of the balance by the legislature, and one does not need to accord a wide margin of discretion to the legislature in order to reach the conclusion that the balance has been struck appropriately. Exactly the same considerations apply to justification of interference under Article 8’ ([2003] 2 P&CR 33 at paragraph 33). If it can be argued that the tree protection system is comparable by analogy with that of listing buildings, then this is a clear rejection of the engagement of convention rights. Conclusion It is highly unlikely that it would be found that the listing of a building is a violation of Article 1 or 8.The decisions of the courts suggest that the aim of listing is legitimate and the system itself would be found to be proportionate. Clearly, there are circumstances where the burden upon the owner of a property is onerous, and there may be respectable arguments for expanding the existing system to assist with repairs and other works. However, it seems unlikely that such a move would be inspired by any decision of the courts. Furthermore, it is not directly pertinent to the issue of listing and only becomes relevant at the point where consent is granted.
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C O N T E X T 9 1 : S E P T E M B E R 2 0 0 5 11 IHBC Annual School 2005 IHBC Annual School 2005 IHBC Annual School 2005 alison cummings IHBC Annual School The IHBC Annual School 2005 focused on materials for conservation, and preserving places. Alison Cummings, at her first IHBC school, found it time well spent. Entrance to Tempest Anderson Hall, Museum Gardens,York, where the Annual School lectures were held Having recently joined a local authority in Kent, I like to think of myself as a conservation professional in training. So when an opportunity arose to hear what seasoned professionals talk about (and see what they get up to when the sun goes down), I jumped at it. The school was held at the Tempest Anderson Hall in the museum gardens at the heart of the historic city of York. After an introduction to the city and welcome from the Lord Mayor ofYork on theThursday evening, the two-day school started in earnest. Friday: Following a keynote speech from IHBC president John Yates, where he spoke of the reasons we seek to conserve historic places, the first day saw speakers on the subject of materials for conservation, with a particular emphasis on sourcing and specifying quality materials. Stone and brick Terry Hughes, the founder and chair of the Stone Roof Working Group and the Stone Roofing Association, and a Fellow of the Institute of Roofing, has extensive experience of historic slate and stone. His research for English Heritage culminated in the publication of the 2003 Research Transactions: Stone Roofing. His presentation explored the wide variety of roofing stone to be found throughout the country and established that the influence of weather, particularly driving rain, has resulted in the variety of regional slating techniques we see around us today. Hughes highlighted the reduced output of stone today compared to the past. His advice was that, when specifying stone, it should be remembered that quarrying is a modern business, not a vernacular industry, and that this has had a direct impact on the availability of stone for conservation and repair work. He recommended considering alternative sources of stone if the original source was no longer available or if it was not possible to re-open the quarry. The quarry owners’ viewpoint was put across ably by Colin Jewett. As owner of Ladycross Quarry in Northumberland, with a deep interest in nature conservation, for which he has received several awards, Jewett is well placed to discuss the difficulty of balancing the two potentially conflicting issues of industry versus conservation on a practical level. Ladycross provides stone slates for roofing, with the thicker beds used for walling, and is entirely handworked. Jewett estimates that from cutting to leaving the quarry a stone is handled seven times, making the work highly labour intensive. This point was made particularly potent when Jewett discussed the difficulty of attracting young people into the industry to carry on the tradition – an issue with which the heritage industry is all too familiar. The slates are cut using a plastic template, as many of
12 C O N T E X T 9 1 : S E P T E M B E R 2 0 0 5 and local residents, and this can only be gained through discourse. David Armitage is chairman and managing director of the York Handmade Brick Company, which is one of the leading UK specialist suppliers of bespoke handmade and extruded products. His presentation took us back again to the practicalities of supply and sourcing. Armitage outlined the issues that underpin the brick industry – the availability of raw materials, sustainability, working within the minerals framework and environmental considerations – and how each of these is approached by his company. He discussed the production process and product, illustrating his talk with photographs of the products in use. Choosing, specifying and using brick for conservation work can be successful only if the texture, colour mix and size of the brick are carefully considered. But he was quick to point out that the bond pattern and mortar mix are also essential elements. This led neatly into the third session of the day, which concentrated on lime. Lime The opening presentation by Richard Smith, a recent MSc graduate of Oxford Brookes University and editor of The Building Limes Forum Journal, dealt with the basic principles of lime, what it is and how it is used. His presentation is printed on p17. Mike Farey, founder member of the hydraulic lime research team at the University of Bristol, and Daryl Birden, sales director of Singleton Birch, spoke on the topic of hydraulic lime, the history of its development as a product and the future. Farey spoke about the situation within the conservation industry regarding the historic positions of fat limes, fat limes with pozzolans such as brick dust, and hydraulic limes – and the distrust towards hydraulic lime shown by the profession over the years, some even equating it with Ordinary Portland Cement. In Farey’s view the situation was now very different, both as a result of practical experience using hydraulic limes over the past 10 years and following extensive research by English Heritage and the University of Bristol team. Farey summarised the current state of historical knowledge of hydraulic lime, and discussed the development of Singleton Birch and the threat posed to the homegrown industry by imports. Singleton Birch was founded in Manchester and moved to its present site at Chalk Hill in 1850. The company began making hydraulic lime in 1964 and has developed an expertise in its production. Daryl Birden was implicit in recognising that the success of the business and its future growth is dependent on the availability of raw materials, knowledge of the product and the market. The final presentation for the session was fromNigel Gervis and Jim Wrigley of Ty-Mawr. The company provides traditional lime-based building materials to most of the large building conservation companies in Wales and the borders, Cadw, the National Trust the larger jobs require even shapes and sizes, and once the stone is extracted the land is returned to nature. Jewett’s quarry has the laudable accolade of having the highest number of nightjars in the north of England, demonstrating that industry and conservation need not always be considered such odd bedfellows. The third talk of the day, by Graham Lott on petrography, is published on p16 of this issue. Brian Marker, based in the minerals policy branch of the ODPM, completed the presentations on stone sourcing and use. Marker explained the current planning system and its implications for conservation materials. Beginning with a brief outline of the policy framework, he spoke about the issues that often inform a decision for planning permission – for example, the requirement to safeguard resources for the future and to consider other land use issues. Economically the small-scale extraction that is often required for conservation purposes may not be viable, so large-scale extraction, with the material also used for new build, may be required to support the industry. Marker also explained that it is not as simple as re-opening historic quarries, as these have naturally regenerated and often become protected themselves as habitats for wildlife or for their geological importance. One message to come from the presentation was that there needs to be a clear understanding of the needs and wants of all interested parties, including the quarry company, English Heritage, English Nature JohnYates, IHBC chair, breaks for an informal lunch with fellow delegates at the ‘Material Matters’ Day School JohnYates (chair),Terry Hughes and Brian Marker at the session on stone slate roofing
C O N T E X T 9 1 : S E P T E M B E R 2 0 0 5 13 and the National Museum and Galleries of Wales. Its work is complemented by courses validated by the University of Wales in decorative plastering and ecological building techniques, to name but two. A major new development by the company is the Light Lime Floor system, an alternative to concrete flooring and more sympathetic solution to the problem of damp. The floor is built up of layers of breathable membrane, loosefill aggregate and limecrete (see Context 90, July 2005, p11). The system enables the building to breathe and is compatible with underfloor heating, and with the aid of a bespoke calculation program Ty-Mawr is able to meet Part L (Insulation Standards) of the Building Regulations. Timber The final session of the day was opened by Matt Green of Ridout Associates. He provided a brief history of the rising demand for timber as a building material, and of its role in the 18th and 19th centuries as fuel for transportation, and of how this demand eventually outstripped supply, leading to a reduction in the quality of timber. He explained why fast-grown timber was less durable and worse suited to life as a structural building component than that used prior to the industrialised age. Following on from this, Joe Bispham discussed the practicalities of specifying and sourcing timber. A carpenter and joiner by trade, he has been closely involved with setting up a number of timber conservation and repair courses. He is a part-time lecturer on the MSc course at Anglia Polytechnic and is currently reading for his PhD. Bispham gave a humorous talk on his work and finished with the message that to get a good repair there are two essential ingredients: quality material and a good craftsperson. After a full day of lectures came the annual dinner, held in the 15th-century Merchant Taylors’ Hall – a chance to meet and chat with other delegates. A wonderful meal and JohnYates making a speech about chicken sexing (was I at the right conference?) made it a memorable night. Saturday: The second full day began with an inspirational keynote speech from Jane Grenville, English Heritage commissioner, and head of the department of archaeology and director of the MA in conservation studies at York University. This was a whirlwind discourse on restoration and reuse: an exploration of the contributions of Viollet-le-Duc, Patrick Geddes, J-J Bourasse and Jane Jacobs to the current ‘heritage-led regeneration’ ethos. It was with renewed conviction of the relevance in today’s world of my chosen path in conservation that I settled down into the first session of the day. The general theme of the day was preserving places. The sessions provided the delegates with a wide range of methods and case studies. Of particular relevance, what with the recent introduction of the BVPI for conservation areas, was the presentation by Eddie Booth on conservation area assessments. Booth briefly discussed the history of the designation of conservation areas and took us through the practicalities that require some thought prior to undertaking an assessment – for example, how will the finished document be used? Will it be a practical tool in the day-to-day work of a planning officer? This was a timely and extremely useful presentation both for those of us who had never carried out an assessment before and those who consider themselves old hands at them. It may be that the former made up the greater number; according to IHBC research only 25 per cent of local authorities have up-to-date appraisals. Conservation area appraisals are only one way to define the significance of our built heritage. During the day we were introduced to the Urban Design Alliance (UDAL) initiative Placecheck by Dan Bone of Civix; characterisation by Adam Menuge of English Heritage; and the town centre characterisation tool the Matrix by JackWarshaw of Conservation, Architecture and Planning, which has been used for assessment of Hastings and is described in this issue of Context (p14). Another interesting and varied day of lectures closed with a few quiet drinks. I have it on good authority that other years have included a ceilidh and a barn dance. Didn’t I hear something about a synchronised dance routine by English Heritage? Why go to the IHBC Annual School? Some of you may feel that your employers would view a couple of days a year out away from your desk as an unproductive use of time. My experience has been that it provides a unique opportunity to interact with other conservation professionals, to discuss what’s happening in our regions (and rejoice that we are not alone in our struggles) and to meet those luminaries who have done so much for conservation and who inspired us to take up the mantle ourselves.We go back to our offices with renewed energy to do our very best to fulfil our role. As JohnYates said, it’s networking, not not-working. See you in 2006 in Plymouth? Alison Cummings is a conservation officer at Ashford Borough Council. Delegates were welcomed at the Hospitium, Museum Gardens,York, by the Rt Hon The Lord Mayor of York, Cllr Janet Greenwood (centre) with David Lovie, IHBC president, and the Sheriff ofYork, Cllr Gil Nimmo (far right). School organiser Keith Knight is shown (far left) with Michael Greenwood. Thanks go to all the presenters at the 2005 Annual School: David Armitage, Steve Bateman, Daryl Birden, Joe Bispham, Dan Bone, Eddie Booth, Kate Clark, Janet Dean, Mike Farey, Nigel Gervis, Matt Green, Jane Grenville,Terry Hughes, Colin Jewitt, Bob Kindred, Graham Lott, Brian Marker, Alison Sinclair, Richard Smith, Charles Wagner, JackWarshaw.
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