COUNCILLOR RUPERT THORNELY-TAYLOR

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Ex Cllr Rupert Thornely-Taylor

Acoustics Consultant

The Old Steam House
Lime Park Herstmonceux

East Sussex BN27 1RF

Cllr. Rupert Thornely-Taylor                                             FAX REF: 01825 712542
Spring Gardens
Fairwarp Nr Uckfield
East Sussex TN22 3BG
                                                                                     22 December 2001

Dear Cllr Thornely-Taylor

DUTY TO PROTECT THE HISTORIC BUILT ENVIRONMENT

Where it has been suggested that I should apply for an outline permission to demolish the above historic building, I would respectfully remind the Council that it is their first duty to protect the historic built environment and the planning system is the tool by which buildings are given beneficial new uses to keep them viable. I cite PPG16 of 1990 “This guidance pulls together and expands upon existing advice” ……… “it places no new duties on local authorities” If we accept that there are no new duties, then Section 17 of Circular 22 of 1980 remains relevant: “The Secretaries of State will not be prepared to grant listed building consent for the demolition of a listed building unless they are satisfied that every possible effort has been made to continue the present use or find a suitable alternative use for the building.” And: “To ensure an economic future for old buildings it will often be essential to find appropriate alternative uses for them.” I would also draw your attention to the English Heritage publications: “Conservation-led Regeneration” and “Industrial Archaeology.”

Firstly, an application in 2000 to replace this historic building was dismissed by the Council as “frivolous.” Secondly, I have seen no evidence that your Council have made any effort at all to find an alternative use as required by Circular 22/80. The current suggestion I should now apply to demolish this building, when the County Archaeologist confirmed to the Council in January 2000 that the 1999 application would provide a re-use solution – appears contrary to the advice of the Secretaries of State to find alternative uses before considering demolition! The fact the building is not listed in its current condition is irrelevant where the experts say the building is of “considerable local historic importance” – the advice in Circular 22/80 and PPG16 has been generally applied to numerous unlisted barns, etc. It would appear inconsistent to depart from the policy adopted elsewhere by your Council.

Apart from English Heritage confirming this building is of “considerable local historic interest” and the County Archaeologist saying: “the building should be preserved if at all possible”, Hailsham Community College has also confirmed an interest in the site. A sample survey revealed that 90% of local people approached supported the restoration and re-use of this historic site by signing a Petition. A local Ramblers association also expressed a wish to see the site preserved. It appears therefore that the Council have not fully taken into account the wishes of the majority of the local electorate.

English Heritage went on to say that scheduling of this kind of building in day to day use would not be the appropriate method of conservation, leading one to the irresistibly conclusion that a beneficial stand alone use should be found in line with the guidance in their publications concerning new uses for former industrial buildings. Thus PPG16 has been interpreted for the Council by the experts, rather than any one-sided argument put forward by an the head of the Council’s legal department (who has already declared an interest) seeking to defend the incorrect assessment of Chezel Bird in 1995/96 & 1997 and the Council’s procedural irregularity.

Where your officers say I could have appealed the 1999 refusal, not only did I feel I was being led down a path requiring expert representation, which I could not afford, but I was advised by the Citizens Advice Bureau as to the folly of pursuing such a course where it is the Council’s duty to put things right. Might I offer that it is not for the public to correct a mistake of your Council’s making where according to PPG1 - Standards in the Planning System - Section 57: The six principles of the Citizens Charter apply, including: “giving value for money” and “putting things right.” A value for money solution might be to put the matter straight as quickly as possible.

There is now considerable support from the learned establishment in favour of conservation and re-use, and a wealth of guidance papers to draw on, all of which point to finding a new use for this historic building. You earlier stated you were “interested in the future of this site.” Not only will the locality benefit from the renovation that would follow as a new use is agreed, but in line with best value practices the long running negotiations would finally come to an end after nineteen years of burden to the taxpayer and an equally long term of uncertainty for myself. 

Lastly, and with respect, I should like to mention that the Council is obliged to act reasonably in the established “Wednesbury (rule)” judicial sense. If we accept that it is the Council’s responsibility to protect the historic built environment, is it reasonable for the Council to continue to look the other way, knowing a building of acknowledged historic importance sits on its doorstep without any economic incentive to conservation, simply because the Council are reluctant to admit that a decision they made in 1995 was based on incorrect information supplied by one of its officers. 

I understand that the Executive Panel has the power to direct the Council in any matter. Could I therefore please urge you as the Leader of the Council to break the barriers to finding a new use by directing your officers accordingly.

Yours sincerely 

Nelson J Kruschandl

C.C. Rt Hon Gregory Barker MP
Executive Panel Members
WDC Chief Executive

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