- Council Policies
- Contacting Owners
- Legal Powers Available
Every effort will be made to encourage the re-use and sensitive repair of these buildings.
Council Policies:
To effectively prioritise resources and to encourage the re-use of listed buildings at risk Bradford Council will identify priorities for action against its policies and the heritage significance of the building. The policies are:
- Creating a quality environment for those who live and work within the Bradford district.
- Encouraging investment in buildings to reduce the social divide and spiral of decline in urban areas.
- Making areas more attractive to encourage inward investment.
In addition the Department of Transportation, Design and Planning has priorities for environmental improvements which can be met in many cases:
- Principal transport corridors in the district.
- Gateways into the principle urban areas.
- Past and present ‘projects’ and conservation areas where grant
funding has in the past been made available
- The City Centre
- Little Germany
- Saltaire
- Manningham
- Thornton
- Little Horton Lane
The re-use of historic buildings also promotes sustainability in reducing the requirements for development of previously undeveloped land and the construction of new buildings.
In a number of instances, particularly larger buildings in the urban area, re-use is down to the right new use and economic factors. If a developer considers a scheme to be viable, it may well start with no intervention.
Contacting owners:
In some instances, the owner may not be aware of deterioration, and a gentle reminder may be served to prevent more expense at a later date. It is our intention to contact all properties that are classified as ‘at risk’ in the recent survey to alert owners to the problems we have identified.
In more serious cases involving advanced dilapidation or protracted discussions are more difficult to resolve we will reserve the right to precede with relevant legal action against owners.
Where ownership is unknown this may be identified via the Land Registry, or may be known amongst the local community.
Legal Powers Available:
If negotiations fail to bring about a solution or even temporary measures to prevent decay, and the owner is considered to be deliberately allowing the building to deteriorate, the Council has a range of legal powers available.
Under the provisions of Section 54 of the Planning (Listed Building and Conservation Areas) Act 1990, the Council may serve an Urgent Works Notice. This can be served to either prevent deterioration from starting by attending to a problem, or to prevent deterioration from getting worse. Initially, a property owner would be contacted in writing, setting out the provisions of the 1990 Act. If no action is evident, a second warning letter is issued with a draft schedule of works which the Council considers necessary for the preservation of the building, and a date on which the notice will be served if the works are not carried out. If the notice is served and the works are not carried out within 7 days in accordance with the works schedule, the Council may carry out works itself. It may also recover the costs from the owner under the provisions of Section 55 of the Act.
As an alternative, or if following an Urgent Works Notice, the property continues to be of concern, Section 48 of the Act enables the Council to serve a Repairs Notice. This would specify the works considered necessary for the proper preservation of the building, and is more comprehensive than an Urgent Works Notice, and can require the full renovation of a building. The procedure of 2 warning letters and a draft schedule is the same, but if after 2 months following the service of a notice, the Council remains dissatisfied that the building is being properly maintained, it may commence Compulsory Purchase Proceedings under Section 47 of the 1990 Act. In this instance, the Secretary of State when issuing his authorisation of Compulsory Purchase, may also authorise minimum compensation.
Section 77 of the Building Act 1984 enables the Council to apply to a Magistrates’ Court when it considers a building to be dangerous, for a court order requiring the owner to make the building safe or demolish it. If the owner fails to comply, the Council can carry out the works and reclaim the expenses. Listed Building Consent would still be required to carry out the works.
Section 78 of the Building Act relates to emergency measures. If a building is considered so dangerous that immediate action is needed, a notice would be served on the owner, giving the Council’s intention. The Council would then act to remove the danger, which may be part or all of the building. Again the costs are recoverable.
Section 79 of the Building Act (ruinous and dilapidated buildings and neglected sites) can be applied where the building is considered to be seriously detrimental to the amenities of the neighbourhood. The legislation requires a notice to be served on the owner requiring works of repair or to demolish. The notice would have to indicate the extent of the works expected, and the council can act in default.
Section 215 of the Town and Country Planning Act 1990 enables the Council to serve notice on the owner and occupier of the land which has an adverse affect on the amenity of an area. The notice would specify the works required, and there is a right of appeal. Subject to an appeal, the Council can carry out the works if the owner fails to comply and can recover the costs or register a land charge. The notice can apply to buildings or land, vacant or occupied.
Unoccupied buildings:
Section 29 of the Local Government (Miscellaneous Provisions) Act 1982 enables local authorities to carry out works to an unoccupied building to prevent unauthorised entry or to prevent it from becoming a danger to public health. 48 hours notice is needed unless the works are required immediately. Costs are recoverable.
Statutory Nuisance:
Sections 79-82 of the Environmental Protection Act enable the Council to serve an abatement notice on the owner or occupier of the premises. This may require the abatement or stopping whatever is causing the nuisance, or works to enable this.
