Bath and North East Somerset Council | Bath and North East Somerset Council has successfully prosecuted two companies for carrying out unauthorised works to a Grade I listed building in Bath, which affected its character as a building of special architectural or historic interest.
Knight Frank LLP and Emery Brothers Ltd were fined £120,000 and £70,000 respectively, plus costs, following sentencing at Yeovil Magistrates’ Court, after being found guilty of offences under Sections 7 and 9 of the Planning (Listed Buildings and Conservation Areas) Act 1990.
The charges related to unauthorised alterations carried out between 1 June 2022 and 4 February 2023 to Number 4 Wood Street, Bath, part of a Grade I listed terrace constructed between 1729 and 1734 by renowned architect John Wood the Elder and now comprising offices and shops.
In July 2022, Knight Frank LLP, a leaseholder of 4 Wood Street, proposed replacing the timber floor joists and stone wall tops citing safety concerns, but were advised by the council’s Conservation Officer that any works affecting historic fabric required listed building consent.
Despite this advice, Knight Frank LLP instructed Emery Brothers Ltd to remove and replace the historic floor structure with modern materials, which was discovered on a site visit by the council in February 2023.
Knight Frank LLP and Emery Brothers Ltd admitted their involvement in the works, initially citing urgent safety concerns as justification. After the council instructed expert evidence on this matter, the defendants changed their defence to claim the works did not require consent as they did not affect 4 Wood Street’s character as a building of special architectural or historic interest.
Having heard evidence over two days, including evidence from two expert witnesses for the council, one of whom was a Conservation Officer, District Judge Brereton was satisfied beyond reasonable doubt that the works did affect the character of 4 Wood Street and required listed building consent. Based on this evidence, the Judge found both defendants guilty of an offence under Section 7 and 9 of The Planning (Listed Buildings and Conservation Areas) Act 1990.
District Judge Brereton found Knight Frank’s culpability to be reckless and they were fined £120,000.
With regard to Emery Brothers the District Judge found their culpability to be negligent, and they were fined £70,000.
In addition to the fines of £120,000 for Knight Frank and £70,000 for Emery Brothers, both companies were ordered to pay £2,000 in court surcharges and the council’s full costs, split as £40,000 for Knight Frank and £20,000 for Emery Brothers.
