Owner fined after listed building fell into disrepair

7 December 2017

THE owner of a Grade II Listed Building which had 'fallen into an unacceptable state of disrepair' has been ordered by a court to pay out more than £1,200.

Stephen Smith, the proprietor of Home Farm, Main Street, Upton, near Newark, was prosecuted at Mansfield Magistrates for an offence under the Town and Country Planning Act 1990.

Mr Smith, who failed to attend the hearing, was found guilty in his absence and was fined £440, ordered to pay a victim surcharge of £44 and costs in full of £753 to be payable within 28 days.

The court was told that planning officers from Newark and Sherwood District Council had obtained a warrant in November 2016 to enter Home Farm at an earlier magistrates hearing following concerns regarding the state of the building.

Following the officers’ visit Mr Smith was served with a notice pursuant to section 215 of the 1990 Act, which may be issued by a local planning authority if it is satisfied that the amenity of an area is adversely affected by the condition of land or buildings within it.

Under the terms of the notice, Mr Smith was required to carry out a number of repairs to the building and to clear some vegetation within its grounds by August 14, 2017, with the intention of improving its visual amenity and preserving its status as a Listed Building.

When a council officer visited Home Farm on September 21, 2017, Mr Smith had failed to comply with the terms of the notice.

Matt Lamb, Newark and Sherwood District Council Business Manager – Growth Development, said: “The condition of the building and surrounding grounds were unacceptable and harming the amenity of the area. Mr Smith failed to comply with the requirements of the notice, which involved clearing the outside areas and repairing the building. The council consider that prosecuting for failure to comply with the notice sends a strong message that such issues are taken seriously and people should not ignore formal notices.”

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