6 PERTH AND KINROSS COUNCIL 10/273 Enterprise and Infrastructure Committee – 26 May 2010 BUILDINGS AT RISK Depute Director (Environment) This report advises of a recent review by the Scottish Civic Trust of “Buildings at Risk” in the Perth and Kinross area and recommends that the Council adopt the proposed means of prioritising action on these buildings to provide a framework for meeting targets it has agreed to in relation to the historic environment through the Single Outcome Agreement. RECOMMENDATIONS The Committee is asked to agree i) Approve the evaluation criteria, prioritisation approach and potential means of action outlined in this report as a basis for addressing Buildings at Risk in the Perth and Kinross area. ii) Note that proposals involving significant expenditure under Urgent Works or the promotion of full Repairs Notices under the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 will be reported to Committee for consideration. BACKGROUND 1. The Government have made clear their aspiration for the protection and improvement of the historic environment as evidenced by National Outcome 12: “We value and enjoy our built and natural environment and protect and enhance it for future generations”. 2. Recent work nationally and locally has suggested that as concerns relate primarily to outputs in respect of the neglect or loss of heritage assets that actions in respect of this should be used as a measure of performance. 3. Following an agreement with Historic Scotland, the Scottish Civic Trust (SCT) maintains a Register of Buildings at Risk (BAR) in conjunction with Councils as Planning Authorities. There is no statutory basis to the Register. The register identifies buildings that are in disrepair or under threat as a consequence of development pressure and promotes them with details of constraints to potential restoring purchasers. Targets have been set nationally and locally through the Single Outcome Agreement to reduce the percentage of Buildings at Risk as a measure of activity. Locally the figure has been set at an annual reduction of 3% of properties on the Register. 4. Following requests through the national Historic Environment Forum to update the BAR registers throughout Scotland, the SCT in consultation with the 67 Council completed a comprehensive survey of BARs at risk in the Perth and Kinross area in January 2010 – see attached Appendix 2. 5. The revised BAR register for Perth and Kinross has resulted in an increase in the number of properties from 40 to 97 from 2008 to the current time. This reflects the improved coverage and accuracy of the survey rather than evidence of any further deterioration in the condition of the built heritage of the area over this period. 6. A number of former group entries have now been entered as individual entries such as the inclusion of Taymouth Castle and its associated historic structures as 12 entries rather than one. 7. The majority of properties at risk are located in rural rather than urban areas. This is also reflected in relation to the type of building at risk with a significant proportion of lodges, cottages, outbuildings at risk reflecting changing rural land management and employment. Churches too account for a significant proportion of the buildings at risk reflecting changing religious practices and diminishing congregations. 8. The SCT note that the Perth and Kinross area has one of the highest concentrations of Listed Buildings in Scotland but the total number of buildings found to be at risk is “below average for an authority with so many Listed Buildings” reflecting “the affluence of the area and the efforts made by owners and planners over many years”. 9. They also note that the Council has made “innovative use of Conservation Area designation to cover not just the main historic towns but also a number of villages and rural areas” and that “the general standard of the Conservation Areas was found to be very good”. A measure of the high quality of the Conservation Areas is that 19 of them did not contain any Buildings at Risk whatsoever with the greatest concentration being in Perth which again “is a relatively small number” for a city of this size. 10. The SCT note that since the Register was established in 1990, “41 At Risk buildings in Perth & Kinross have been saved against 9 demolished. This ratio of over 4.5:1 puts Perth & Kinross ahead of the national average of 3.3:1.” 11. Despite the relative success in conserving and maintaining the historic built environment, it is clear that there are still areas and buildings in need of attention. PROPOSALS 12. Although action is being taken on a number of properties identified on the Buildings at Risk Register, the proposed SOA target necessitates the identification of further priorities for action and a more systematic approach being developed to tackle buildings in disrepair to stimulate repair or investment and ultimately remove them from the Register following the completion of works. 68 13. The attached matrix (Appendix 1) provides a basis for evaluation, prioritisation and the potential means of taking action in relation to Buildings at Risk. It is recommended that the Council adopt this as a means of addressing Buildings at Risk in the Perth and Kinross area. Evaluation and Prioritisation 14. Each Building at Risk has been evaluated in relation to its condition, architectural and historic importance, location, and potential actions to address their condition. Weightings have then been applied to reflect that the greatest priority is given to the most architecturally and historically important properties that are in the poorest condition with the greatest need and capacity for action through the powers at the Council’s disposal. Generally, the main priority for initial action is to historic properties in poor condition within urban areas as these represent the greatest need in terms of potential danger and blight on the surrounding environment but also have the most potential to (i) stimulate action for repair from current owners (ii) recover any costs following any action taken by the Council or (iii) attract development interest and public or private investment if new ownership and /or alternative use is required. Further action is also proposed to historic graveyards on the Register through Perth and Kinross Heritage Trust’s Historic Churchyards project reflecting current potential investment they have secured for action. 15. The SCT have requested that priority is given to Taymouth Castle and whilst it is recognised that there needs to be action to stimulate investment it is not currently identified as an initial priority for action given its current condition which has been improved following initial work to its exterior fabric, potential liability and the potential for a market solution to be found for re-use without intervention at this stage. Other rural properties have not been given initial priority for action given their location, condition or capacity to attract investment. Potential actions – Discretionary Powers 16. Previous reports have highlighted that ultimately responsibility for the care and maintenance of buildings rests with the owners but that there are a range of powers available to the Council to address private properties in disrepair should they decide to do so. 17. The Council has indicated that it will only exercise any power when there is an immediate need in terms of public safety; where there is genuine potential for restoration and re-use and where there is the prospect that action will achieve a positive outcome with no consequences to the Council in terms of liability or ownership. 18. Where the Council itself is the owner of such property it should repair and maintain the asset or seek to promote its positive re-use and repair through sympathetic conversion where it is appropriate to do so. 69 19. Under the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997, the Council can initiate urgent works to historic buildings in disrepair and potentially exercise powers to fully specify repairs and compulsorily acquire the building prior to disposal to a restoring purchaser. 20. These powers should continue to be used to stabilise properties suffering from long term neglect and promote change of ownership and restoration/conversion where there was development potential and likely interest from restoring purchasers. It is recommended that where significant expenditure under Urgent Works or the promotion of full Repairs Notices are proposed under the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 that these will be reported to Committee for consideration. 21. Previous reports have also highlighted other powers under the Buildings and Housing Acts to address dangerous buildings/buildings in disrepair or residential properties in disrepair or a poor state of maintenance and these powers should be used to undertake repairs where there is danger or more minor works/maintenance could be achieved with existing owners. Potential Actions – Grant Assistance 22. As well as use of discretionary powers the Council can also stimulate action through area based regeneration schemes or grant assistance to individual buildings via Perth and Kinross Heritage Trust (PKHT). 23. The designation and review of Conservation Areas has provided conservation management frameworks for the assessment of development proposals, protected buildings against demolition and secured investment for their improvement in areas such as Blair Atholl and Coupar Angus. The Council has secured commitment from its Service Level Agreement with PKHT that they will prioritise investment in areas or buildings where there is additional regeneration potential and it is planned that this activity will continue as resources allow. CONSULTATION 24. The Head of Legal Services, the Head of Democratic Services have been consulted in the preparation of this report. RESOURCE IMPLICATIONS Capital 25. There are no Capital resource implications arising directly from the recommendations in this report.