Council prosecutes landowner for unauthorised works on listed building

At Brighton Magistrates Court on Tuesday 16 October, Horsham District Council and Historic England successfully prosecuted a local landowner for carrying out unauthorised works to a Listed Building and Scheduled Monument, which are criminal offences, at Ewhurst Manor in Shermanbury, West Sussex.

The owner Mr Lars Vestergaard was convicted and ordered to pay a fine of £22,000 and costs of £60,592.

Between 17 September 2014 and 28 November 2014 extensive unauthorised works were undertaken on the site, including the wholesale stripping of the interior of the house and extensive excavation of the ground beneath the house.

Mr Vestegaard was found to have commissioned the work without first obtaining Listed Building Consent and Scheduled Monument Consent. The unauthorised works were offences under the Planning (Listed Buildings and Conservation Areas) Act 1990 and the Ancient Monuments and Archaeological Areas Act 1979.

After Horsham District Council became aware of the work, the council obtained an injunction in the High Court in order to prevent Mr Vestergaard from undertaking any further work whilst an investigation was undertaken to ascertain the harm that had been caused. Horsham District Council and Historic England then worked together to investigate the offences and bring the prosecution.

I am very pleased with the positive outcome for both the Council and Historic England which I trust will send a clear message that we will use all available enforcement powers to reach effective outcomes in accordance with planning law and the Council’s policies.

“The landowner in question knew that the site was protected as a Listed Building and a Scheduled Monument but did not apply for consent to do the works or seek specialist heritage advice prior to those works taking place. His actions caused severe harm to the heritage significance of the site.”

Cabinet Member for Planning and Development Cllr Claire Vickers

“The District Judge found that the owner deliberately ignored legal requirements in order to cut corners and costs. In doing so he committed criminal offences and severely damaged  a nationally important historic site. This judgement  is a warning to others who might be tempted to disregard the law and risk harming our country’s heritage”.

Inspector of Ancient Monuments for Historic England in the South East, Paul Roberts

Both organisations will now seek to work with the landowner to secure remedial action that will conserve what is left of Ewhurst Manor’s heritage significance and reinstate the damaged house as far as possible.