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PURPOSE of REPORT to Report on The ENVIRONMENT AND PROTECTIVE SERVICES COMMITTEE: 03 FEBRUARY 2015 REVIEW OF CATEGORY A LISTED BUILDINGS Report by Director of Development PURPOSE OF REPORT To report on the outcomes of a review of Category A Listed Buildings in the Outer Hebrides and to seek approval of a number of actions arising from the review. COMPETENCE 1.1 There are no equalities constraints to the recommendation being implemented. The action plan recommends conducting a Building Conditions Survey of one of the Category A Listed Buildings and, thereafter, the consideration of serving a ‘Repairs Notice’ (under sections 42-45 Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997. Planning Authorities should only serve such notices where they are firmly committed to compulsory acquisition, failing satisfactory action by the owner, so there are potential legal and financial considerations to the recommendations. SUMMARY 2.1 Planning Authorities have a duty under the provisions of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 to protect, preserve and enhance listed buildings and their settings. Policy 31 ‘Listed Buildings’ of the Outer Hebrides Local Development Plan states that the ‘ Comhairle will seek to manage the special architectural and historic interest of listings buildings and their settings…every effort will be made to retain listed buildings and bring them back into use”. 2.2 Monitoring of the environmental baseline of the Outer Hebrides Local Development Plan has highlighted that it has been some time since a comprehensive audit of listed buildings in the Outer Hebrides has been undertaken. A review was proposed in order to establish a comprehensive and up-to-date baseline which would inform an action plan to assist in ensuring the Comhairle meets its legislative duty and accords with the provisions of the Outer Hebrides Local Development Plan. Due to time and resource limitations, it was proposed that the review be desk based and confined to Category A, in the first instance. The review was undertaken by officers of the Development Plans Team in December 2014. 2.3 This Report presents the proposed action plan arising from the review, as outlined in Appendix 1 and summarised in paragraph 5.1. The key actions arising relate to: making recommendations to Historic Scotland for delisting, re-categorising and amending descriptions; writing to owners to outline their responsibility for the repair and maintenance of their property, and; conducting a buildings conditions survey on Eilean Glas to inform the consideration of serving a ‘building repair notice’. Approval is sought to take forward the action plan as set out at Appendix 1 to this Report. RECOMMENDATION 3.1 It is recommended that the Comhairle approve the actions as set out in Appendix 1 to the Report. Contact Officer: Isla Macarthur Tel: 01851 822690 [email protected] Appendix: Category A Listed Building 2014 Review – Action Plan Background Papers: None BACKGROUND Listed Buildings 4.1 ‘Listing’ is the way that a building or structure of special architectural or historic interest is recognised by law through the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997. This means that listed buildings are managed through the Planning System, using listed building consent, so that changes to them can be carefully considered. The term ‘building’ is defined broadly in the legislation and it can include a great variety of other man- made structures such as fountains, sundials, statues and bridges. Many buildings are of interest, architecturally or historically, but when considering a building for listing this interest must be ‘special’. To merit listing, the building must meet a set criteria, of which the main considerations are: age and rarity; architectural or historic interest, and; historic association. Buildings are classified under one of three categories (A, B or C) however, these categories are advisory and do not have any legal weight as all listed buildings are treated equally in the legislation regardless of their category. Category A: Buildings of national or international importance, either architectural or historic, and little altered examples of some particular period, style or building type. Category B: Buildings of regional or more than local importance, and major examples of some particular period, style or building type which may have been altered. Category C: Buildings of local importance, lesser examples or any period, style, or building type as originally constructed or moderately altered, and simple traditional buildings which group well with others in Category A and B. 4.2 Listing applies to the building(s) or structure(s) at the address on the listed building record and it always covers both the interior and exterior, regardless of the category. Additionally, under the terms of the 1997 Act, every listed building has a ‘curtilage’. Anyone can propose a building to Historic Scotland for listing and there is no formal appeal process against listings (although Historic Scotland welcomes requests for listing reviews). The condition of a building is not normally relevant when a building is considered for listing; this only becomes a factor when the building’s condition has reduced the particular architectural or historic interest to such a degree that it can no longer be regarded as special. It is a criminal offence to demolish, alter or extend a listed building in any manner which would affect its character as a building of special architectural or historic interest without first having obtained listed building consent. Role and Responsibility of Comhairle as Planning Authority 4.3 Under legislation, Planning Authorities have a duty to protect, preserve and enhance listed buildings and structures and have been granted various powers to help them ensure this, the key ones being: Urgent Works can be undertaken if necessary for the preservation of an unoccupied listed building (or unused parts of an occupied listed building) provided the owner is given notice of the intention; A Repairs Notice can be served on a listed building in poor repair. If this is not complied with, the Planning Authority, authorised by the Scottish Ministers, can start Compulsory Purchase Procedures. 4.4 The Planning Authority also administers, and is the main point of contact for, applications for ‘listed building consent’. Additionally, while Historic Scotland determine whether a building is listed or not, it is for the Planning Authority to determine what is covered by the listing and its ‘curtilage’. ‘Listed Buildings’ are recognised and protected in Policy 31 ‘Listed Buildings’ of the Outer Hebrides Local Development Plan (2012) which states that “Comhairle will seek to manage the special architectural and historic interest of listings buildings and their settings…every effort will be made to retain listed buildings and bring them back into use”. Monitoring Listed Buildings in the Outer Hebrides 4.6 There are 321 listed buildings throughout the Outer Hebrides, approximately 23% of these are classified ‘at risk’. They are largely composed of croft/thatch houses and historic estate/operational buildings, the majority of which were categorised in the 1970/80s. Some buildings have multiple listings (e.g. gatepiers) and these are included in the breakdown below: Islands Category A Category B Category C Total Lewis 10 102 53 165 Harris 3 30 15 48 Barra 2 5 7 14 North Uist 4 20 11 35 South Uist 6 40 13 59 Totals 25 197 99 321 4.7 The lists themselves are a dynamic archive, as growing appreciation of architectural heritage leads to new buildings being added while others are removed due to the loss of their special interest from poor repair and maintenance. 4.7 Monitoring of the environmental baseline of the Outer Hebrides Local Development Plan has highlighted that it has been some time since a comprehensive audit of listed buildings in the Outer Hebrides has been undertaken, the most significant to date being: a photographic survey conducted by the Comhairle in 2009 of listed buildings in their care; ongoing information gathering within the Comhairle on a number of specific buildings which has been brought to the fore through planning proposals, complaints or enquiries; a ‘second survey topographical review’ undertaken by Historic Scotland of the Outer Hebrides between 1985 and 1994. (Historic Scotland has no immediate plans for a third survey, although there are currently ‘updating’ the listing descriptions at a national level to include photos, maps, GIS info etc). 4.8 Historic Scotland is currently funding a review of thatched buildings (being undertaken by SPABiS) and the Outer Hebrides has recently been surveyed. The Comhairle has been in correspondence to share information and good practice. The project is scheduled to be completed in Spring 2015 but there are no plans to make changes to the statutory lists as a result of this work. 2014 CATEGORY A LISTED BUILDINGS REVIEW (OUTER HEBRIDES) 5.1 As Comhairle has a legislative duty to protect, preserve and enhance listed buildings it is important that the condition of such buildings is known to establish whether any action needs to be taken to ensure these duties are fulfilled. Since the monitoring of the Development Plan pointed to a gap in information in this respect, a review of listed buildings in the Outer Hebrides was proposed in order to establish a comprehensive baseline and corresponding action plan. 5.2 Due to time and resource limitations, it was proposed that the review be desk based and confined to Category A listed buildings, in the first instance. Additionally, it was proposed that the Comhairle would liaise with Historic Scotland (and their RCAHMS colleagues who manage the Buildings at Risk Register) to ensure that any information gathered would be shared to help update related records with regard to these buildings. The review was undertaken by officers of the Development Plans Team in December 2014. 5.3 The proposed action plan can be found at Appendix 1, a summary of which is outlined below: Proposed Action Property Notes A Seek further information • Barra Head Lighthouse Liaise with Northern Lighthouse Board with on condition of building .
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