HC Deb 08 February 1999 vol 325 c11W
Mr. Bob Russell

To ask the Secretary of State for the Environment, Transport and the Regions what powers are available to local authorities to require owners of listed buildings to maintain them; how he monitors the performance of local authorities in discharging their duties in respect of listed buildings; and what powers he has in respect of listed buildings which a local authority fails to protect. [68852]

Mr. Alan Howarth

I have been asked to reply.

Owners of listed buildings are under no specific duty to maintain their properties, though it will normally be in their interest to do so. However, local authorities have statutory powers to take action where a building has deteriorated to the extent that its preservation may be at risk. An authority can serve a repairs notice on the owner of a listed building specifying works it considers necessary for the building's preservation. If no action is taken in response to the notice, the authority can begin compulsory purchase proceedings. In the case of an unoccupied listed building, an authority can—having served notice on the owner—carry out works it considers urgently necessary for the building's preservation and recover its costs.

My right hon. Friend has powers which are broadly similar to those of local authorities and which he can exercise where he considers that an authority has itself failed to take action. However, his policy is to treat them as reserve powers for use only in exceptional circumstances.

My Department does not specifically monitor the performance of individual local authorities, but we would normally expect to look into cases where important buildings are reported to be at risk. Planning Policy Guidance Note 15: Planning and the Historic Environment urges all authorities to maintain and strengthen their commitment to stewardship of the historic environment, to reflect that commitment in their allocation of resources and to consider the use of their statutory powers wherever appropriate.