Property developer ordered to pay £55k over listed building offences

A property development business, a director and a site manager have been ordered to pay more than £55,000 between them after removing historic fixtures in every room of a grade-II listed house in Lincoln without consent.

Newell’s Projects Limited, its director David Newell and Paul Priestley, a site manager employed by the company, had previously pleaded guilty to six offences relating to the removal of the features at Castle Moat House, which is situated near Lincoln Castle.

Officers from City of Lincoln Council discovered the unapproved alterations in February 2016. The house was built within the moat of the castle around 1820 as a large family home. Further additions and improvements were made to it during the mid-19th century.

Many of the historic features damaged or destroyed by the developer dated from these periods, the council said.

The offences were:

  • Removing historic lime plaster wall surfaces in 12 rooms
  • Removing historic ceilings in seven rooms
  • Removal of a section of historic roof purlin and rafters
  • Removal of decorative cornices and skirting boards in four and 14 rooms respectively
  • Creating two new doorways through internal walls
  • Removal of historic timber lintels

At a sentencing hearing at the magistrates’ court on Friday (13 January 2017) District Judge Peter Veits ordered the three parties to pay a total of £55,410:

  • Newell’s Projects Limited - £12,000 fine, £12,000 costs and £170 victims’ surcharge
  • David Newell - £12,000 fine, £12,000 costs and £170 victims’ surcharge
  • Paul Priestley – £3,900 fine, £3,000 costs and £170 victims’ surcharge

In mitigation, the defendants claimed that it was their intention to refurbish the house for use as a family home.

Castle Moat HouseJohn Cunliffe, Solicitor for City of Lincoln Council, said: “Laws relating to the protection of heritage assets exist for a reason and the council has a duty to enforce them. This sentencing was the culmination of many months’ work by council officers to show that we will take action where there is a flagrant disregard for the law.”

Cllr Neil Murray, Lincoln’s Portfolio Holder for Planning Policy and Economic Regeneration, said: “It is an offence to carry out work to a listed building without the necessary consent, and we are pleased the level of these fines recognise the seriousness of these offences.

“Causing harm to the character of a building of special architectural or historic interest is not acceptable and, while we don’t take the decision to prosecute lightly, we will always take action against breaches of the heritage protection legislation where this is in the public interest.”

“The city of Lincoln is blessed with an especially rich history and historic environment and City of Lincoln Council is the custodian of our heritage along with central government. Our heritage planning team works hard to help the owners of listed and protected properties to ensure that heritage isn’t lost and to offer advice, so there is no excuse not to ensure work is carried out properly.

Cllr Murray said officers from the heritage planning team had met the owner on site and provided advice on the consents required, but work needing listed building consent was still undertaken.

Sentencing the three parties, District Judge Peter Veits said: “The law is understandably strict with listed buildings – if they are, lost they are lost forever. Lincoln is a city built on its heritage.

“Those who choose to take on buildings such as this recognise what they are taking on. They are taking on part of history, they are taking on an undertaking to maintain history, to maintain those buildings to their proper state, no matter the costs and time involved. There can be no shortcuts in that.”