Councillor Josh Williams asked the following questions of the Chair of the Planning Applications Committee:

1.       Heritage buildings owned by the Council

Will the Chair please tell us what heritage buildings owned by the Council fall into the following categories:

Locally listed buildings

Grade 2

Grade 2*

Grade 1?

2.       Care and preservation of Council owned heritage buildings

Will the Chair please tell us what Statutory Duties (if any) the Council has to maintain, care, preserve and conserve the heritage buildings that it owns?

If those Duties differ, please could those statutory duties be listed separately for:

Locally listed buildings

Grade 2

Grade 2*

Grade 1?

REPLY to both Questions 1 and 2 by the Chair of the Planning Applications Committee (Councillor Lovelock):

In response to your first question Heritage buildings owned by the Council

A list of the Heritage Buildings owned by the Council is at Appendix 1 with the locally listed (LL) reference (ie. those not Statutorily Listed); or otherwise Listed Grade II, Grade II*, or Grade I.  There are 5 locally listed buildings, 47 Grade II Listed Buildings, 3 Grade II* Listed Buildings and one Grade I Listed Building.

In response to Question 2 Care and preservation of Council owned heritage buildings

The duties upon the Council as landowner are the same as any other landowner.  While Listed Buildings are recognised as being of National importance there is no Statutory duty to proactively maintain them and keep them in good order. 

However, there are measures or powers that allow the LPA (Local Planning Authority) to intervene when a property is at risk of redevelopment or is being harmed through unacceptable alterations. Below is an overview and is divided into under the headings of Locally Listed Buildings, and (Statutory) Listed Buildings.

Locally Listed Buildings

Of the 22 locally listed buildings (and structures) currently on the Council’s Local List, five are Council-owned.  LL buildings are not statutorily protected from demolition or alterations, and their legal heritage status is described in policy as Non-Designated Heritage Assets (NDHAs).  However, the special (local) importance of the Asset will be a material consideration to any relevant planning proposal (planning application, seeking Prior Approval to demolish, etc.) and would principally be considered under Local Plan Policy EN4, Locally Important Heritage Assets.

Statutory Listed Buildings

The majority of controls which LPAs have for preserving Listed Buildings are from primary legislation contained within the Town and Country Planning (Listed Buildings and Conservation Area) Act 1990 (the LBCA).  Under the LBCA, the LPA can serve the following Notices:

• A Listed Building Enforcement Notice under Section 38(1) to put right any damaging works
• A notice of Compulsory Purchase of listed buildings in need of repair under section 47
• A Repairs Notice under section 48; or
• An Urgent Works Notice under sections 54 and 55 specifying those works it considers reasonably necessary for the proper preservation of the building

Other controls available are:

• A Section 215 (‘untidy site’) Notice under the Town and Country Planning Act 1990.  To be used when the condition of a building or land is adversely affecting the amenity of an area, including Listed Buildings or LL buildings, where required, but cannot relate to structural or substantial restoration.
• Powers under Section 77 and 78 of the Building Act 1984 are relevant in relation to dangerous buildings/structures – a Magistrate’s Court order can be obtained by the LA to take such steps necessary for making the building safe (however the LA must first consider taking action under sections 47 and 48 or section 54 of the LBCA above).

Appendix 1 Heritage buildings/assets owned by Reading Borough Council

Locally listed buildings owned by the Council:

LL9     Arthur Hill Pool, Kings Road

LL16   Attwells Drinking Fountain

LL17   Kings Road Garden, Kings Road

LL20   Palmer Park Pavilion (and associated building and entrance gates)

LL21   40 Christchurch Road

Statutory Listed Buildings (and structures) owned by the Council: