Tuesday, November 28, 2006
Making my Day
1. I texted Mike today asking him to bring in some tampons (delightful I know) to university because the law school don't let people go home. He replied asking where I keep such items. I (lying), told him there was bound to be a box somewhere. He later replied informing me he had found a few "scattered across my floor". He has also made a pile of, bizzarely, all the batteries he found. All 18 of them. He is now demanding a tidy up of my room. I guess if there are 18 batteries, imagine how many rats there could be?2. Somebody came into billygean.co.uk by googling "L'Estrange v. Graucob". Their ISP was from a Chambers (barristers' practising thingy) in London. I can imagine the barrister now, still drunk, post all-nighter. Difficult contract case, oh, we'll just throw in that case, now what was it. I hope I was helpful.
Labels: NaBloPoMo
by billygean.co.uk at 5:58 PM |
10 Comments:
Wow! 18 batteries?! And yet you can never find any when you need them..
Oooh! Do you know where I could find any info about altering a grade 1 listed building? Didn't know if you came across anything on your course! Can't seem to find what I can do to it without getting sued by Government..
Have covered this in law - give me more info.
Grade 1 is obv highest and you need more than just planning permission under town and country planning act 1971 (i think, god knows what section).
would your alterations "substantially" alter the "character" of the building?
Can help you more once I know that.
Don't want sec of state sueing you!
Is that how you spell sueing? prob should learn.
BG
lol!
We are creating an entrance, community centre and cafe for Aston Hall in the stable. I know I can't touch anything (ie walls, ceiling, floors etc) but we have been told we have to look into what exactly we can do to the building - apparently they want something "funky" - yes - "funky"
Okay:
1) The Planning (Listed Building and Conservation Area) Act 1990 = criminal offence (fine £20,000, 2 years in jail) to demolish (!) or substantially alter a Grade 1 listed building. The fact that the statute reads this way - to me a NON LAWYER as yet! - indicates that substantially alter would have to be pretty obscene. It also qualifies this with "without permission" (nice and vague, thanks parliament). s7 of that act anyway " 7. Subject to the following provisions of this Act, no person shall execute or cause to be executed any works for the demolition of a listed building or for its alteration or extension in any manner which would affect its character as a building of special architectural or historic interest, unless the works are authorised."
Things to be avoided seem to be primarily structual, to do with fixtures although there is a warning against modern paints. Best to use as close to the original materials as poss, though this is me infering.
2) Presumably, in order to redevelop (which you need planning permission for), you also need to demolish a bit (for which you need listed building consent). I presume this is the "permission" the statute referred to.
If you want to alter its character (which I think you d), you would need "specific planning permission" - as opposed to "general permission" given by the General Development Order, and planning permis and listed building consent. Three hurdles to get over.
3) It may be subject to a Schedule (as opposed to a List) under Ancient Monuments and Archaeological Areas Act 1979 - find out. How many f**king acts are there? Did you know there is a Tuberculosis Act? What must it say?! "Don't get it"?!
s8 of Planning (conserv etc) act 1990 says to get permission for alternation/extension you need written consent from sec of state *and* they must be executed in accordance with the terms of the consent and any conditions attached to it.
Well, obviously.
s10. To make an application you send a plan and particulars, and such other particulars! Helpful.
s17 - conditions to be imposed may have respect to: preservation of particular features, making good of all works you do, reconstruction of building, use of original materials *so far as practiable* (hey i was right), and may need to be approved by both local auth and sec of state.
if it's been or will be issued with a Building enforcement notice under s38, you're fucked because it needs to be left well alone and in some cases restored to its former state, reversing works done previously. If you've done works, this will be served on you.
4) if your PP or listed building consent is ferused, you can appeal to sec of state. local inquiry will then take place. Appeal route largely the same, I dare say you can get a judical review too, which is more fun.
NB. I am not a lawyer and have covered the above so briefly that most of it is courtesy of google and reading the statute, which you can find here:
http://www.opsi.gov.uk/ACTS/acts1990/Ukpga_19900009_en_1.htm
It sounds mostly vague and means you should probably ask for planning permission - lol!
Any help?
BG
I am also excluding liability for the above advice ;)
hehe
cheers
I don't know how you can digest all of the random stuff! Is law basically "don't do aything"?
So - unless I want 2 years in jail - everything I do must be temporary and removeable without harming the integrity or structure of the existing building.
At this point I must apologise to your readers for such a random thread of conversation
Thanks for help BG, google is difficult when you don't quite know where to look! Shall have to meet up and treat you to a festive starbucks beverage ;)
I don't think it said temporary!
That is the more boring side of law, honest!!
Hurrah we shall meet for (soy) lattes (sigh)
BG
From what's been said, I think that you are going to have to get planning permission. I would say that any "funky" entrance will alter the character of the building. That said, it depends on the direction the building is facing and from which direction it is predominently approached - if you approach it from the back then you may be able to attach a funky entrace and people passing wouldn't know any different (therefore not changing the character of the building).
I've just gone through with listed building consent on a Grade II building in London and guess what - it's the same as for Grade I. The only difference is, I am told by English Heritage, that they are a bit pickier about what they will allow you to get away with in a Grade I listing.
What no-one tells you (til afterwards):
Rule 1. Any suggested alterations must enhance the property.
So if you argue you're making it look more like what it should do, or that it is in bad repair and needs substantial restoration work, English Heritage *may* let you also do a bit of what you want to do, as a quid pro quo for spending money that you wouldn't otherwise spend on one of their little treasures. It's all genteel horse trading (no joke intended).
Btw we got our permissions but then the application was handled by a first class architect (my brother); and an expert listed buildings consultant (I'll gladly give you his details - offices near Rotherhithe so probably too far away?).
Rule 2. Get them on your side and then make a case they *won't want* to argue against.
We did this by setting up meetings at the local planning office to sound them out and then putting in a carefully researched, bound A3-sized document illustrated with 3-D computer graphics, detailed drawings and a closely argued case as to how the proposal fitted in with government policies and the existing legislative framework. For this task you neeed your two experts, as aforementioned.
Rule 3 Local goodwill plus a following political wind can, when the other arguments balance out, be the clincher.
Good luck!
Winner lawyer/engineer/been there done it combination!
You can pay bg.co.uk later
Post a Comment
<< Home