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The Parish Council have received
the following statement from the Mid Sussex District Council about the Crown
Inn, with their permission, it is reproduced below in its entirety...
The Crown Horsted Keynes – Position Statement
Background
In July 2003 the building was damaged by fire from a
lighting strike. The Council subsequently granted planning permission and
Listed Building Consents as set out below:
-HK/03/2131/LBC
Retrospective application for demolition of unstable
fire damaged roof frames and coverings. Removal of fire, smoke and water
damaged internal fabric and finishes
-HK/03/2464/LBC
Part demolition to first floor ceiling level and
reconstruction of fire damaged chimney stack to rear of property. Part
demolition and reconstruction of right hand chimney stack and gable wall.
Part demolition and reconstruction/repairs to front and rear external walls
at first floor level.
- HK/04/1163/FUL
Alterations, partial demolition, refurbishment and
rear/side single storey extension (rebuild after subsequent fire damage).
-HK/04/1164/LBC
Listed building consent relating to
HK/04/1163/FUL.
-HK/05/1442/LBC
Alterations, partial demolition,
reinstatement of rear/side single storey extension (rebuild after subsequent
fire damage)
-HK/05/1443/FUL
Planning permission relating to HK/05/1442/LBC
The applicants partially demolished the pub
to make it safe in accordance with the above consents, and erected a
scaffold frame with shroud over it to protect the rest of the building from
the elements. However, no further works have been done since then. A site
meeting was held on the 17th February 2006 with Councillors Mrs
Field and Mr Hersey, Planning Officers, a representative of English Heritage
and with the management company acting on behalf of the pub owners. The
owners advised that there is no immediate intention of re-building the pub.
On the 19/10/06 a report was taken to the
North Area Planning Committee to consider the options available to the
Council to resolve the problem.
Three options were considered:
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Do nothing
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Issue a Repairs Notice under S.48 of the
Listed Buildings Act 1990
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Issue a notice under S 215 of the 1990
Planning Act.
The Committee decided that doing nothing was
not an option. A Repairs Notice under S 48 could involve the owners
requiring the Council to purchase the building and this was considered to be
too significant a financial risk. The Committee resolved to issue a Section
215 Notice.
Section 215 Notice
Such a notice can be served if it appears to
the LPA that the amenity of the area is adversely affected by the condition
of land (including a building). It can only require works to remedy the
adverse affect on amenity and thus cannot require works inside a building.
The notice will require the building to be rebuilt externally.
It is worth noting that the Council has no
powers to require the owners to operate a pub from the building, whatever
type of notice is served on them. The best that can be expected is to
repair the building.
Once a notice is served the recipients have
the right of appeal to the Magistrates Court and then on to the Crown
Court. It is imperative, therefore, if the notice is not to fall at the
first hurdle, that the correct procedures are carried out. These are set
out in the Act itself and the best practice guidance.
A project team has been formed involving the
Councils planning, building control, legal, architect and enforcement
officers. The team has met and the initial letter has been sent to the
owners. Work has also started on the drafting of the notice.
Timescale
Because of the need to follow procedures and to have
a notice that can face up legal challenge in the Courts (see appeal process
above) it is currently envisaged that the notice would be served in
January. The notice has to include a reasonable period for its requirements
to be completed, including arranging for builders, materials etc, and it is
expected that a 6 month compliance period would be included. An appeal,
which is considered to be highly likely, has the effect of suspending the
notice until such time as the appeal is decided. The timescale for this is
very difficult to predict as much depends the workload of the Courts.
Council planning officers have recently met
representatives of the owners to assess the current position. It is
apparent that they would like to reuse the building for residential purposes
but no application has as yet been submitted for consideration. If such an
application is received it will be publicised in the usual way and comments
from local residents invited.
NR 11/12/06
M.S.D.C |