Agenda item

Urgent Works Notice for Bunksland Farm, East Anstey

Report by Conservation Officer (attached).

Minutes:

The Executive considered a report by the Conservation Officer (circulated previously), the options and/or alternatives and other relevant facts set out in the report regarding an urgent works notice for Bunksland Farm, East Anstey.

 

The Conservation Officer circulated photographs of Bunksland Farm to the Executive which had been provided by the structural engineer.

 

The Conservation Officer highlighted the following:

 

·         Confirmed that the farm was located within the parish of East Anstey.

·         Bunksland Farm was a grade II* listed building dating from the late medieval period. It contained historic fabric and features of considerable significance. The farmhouse was in a very poor condition and had suffered some internal collapse. The ownership of the farm was not confirmed, therefore works required to prevent further deterioration of the building would not be undertaken, unless by a third party.

·         North Devon Council had the power to serve an Urgent Works Notice on the building, carry out the works in default, and ultimately reclaim the expenditure when ownership is established.

·         The farm had not been registered with the Land Registry and there were no deeds. 

·         The property had been vacant since 2009.

·         The Executors were in the process of trying to register the property with the Land Registry.

·         A charge would be placed on the property in order to recover the costs of the Council in undertaking the urgent works.

·         The Executors had received a valuation from Stags, who had given an estimation of between £475,000 to £500,000 for the farm and land.

 

In response to questions, the Head of Corporate and Community advised that in order to speed up the process of marketing the property once the works had been undertaken he suggested that recommendation 2.3 be amended to delete the wording “once ownership of the building is confirmed”.  If the property was not registered then the Council could become a mortgagee in  possession.

 

            DECISIONS

 

(a)

That it be noted that the Head of Place is to use his delegated authority to serve an Urgent Works Notice under Section 54 of the Planning (Listed Buildings and Conservation Areas) Act 1990 on Bunksland Farm, East Anstey;

 

(b)

That expenditure of up to £50,000 be approved to be funded from the Executive Contingency Reserve to carry out works subject to confirmation of a grant made to North Devon Council by Historic England to underwrite up to 80% of the unrecoverable costs of carrying out the works specified in the Notice;

 

(c)

That steps be taken to recover the costs of the Urgent Works Notice and a charge be placed on the property in order to recover the costs of the Council in undertaking the urgent works;

 

(d)

That delegated authority be given to the Head of Place, in consultation with the Portfolio holder, to agree the details for the expenditure of the capital sum and any grant secured for the project.

 

            REASONS FOR DECISIONS

 

(a)

Section 54 (1) of the Planning (Listed Buildings and Conservation Areas) Act allows Local Authorities to execute works which appear to them to be urgently necessary for the preservation of a listed building in their area. Section 54(5) of the Act requires the Authority to give the owner not less than seven days notice in writing of  the intention to carry out the works, and Section 55 of the Act allows the local authority to recover the expenses of carrying out the works from the owner.

 

(b)

In the case of Bunksland Farm, the service of an Urgent Works Notice is the most effective means of ensuring that the listed building is stabilised, and further immediate deterioration is prevented, pending the establishment of a long term plan to secure the future of this significant heritage asset.

 

(c)

Historic England have indicated their willingness to underwrite up to 80% of the unrecoverable costs of serving the Notice and carrying out the works to the building. When the question of ownership is resolved, NDC may take steps to recover the costs from the owners, and at that stage will need to repay Historic England the corresponding proportion of the grant.

 

Supporting documents: