Carnforth Coal and Ash tower at risk.

Its not that simple, unauthorised works to a listed building are a criminal offence (sections 9(1&2) of the 1990 Act, however Section 9(3) of the 1990 Act lays down certain criteria that need as a defence if an offence is deemed to have occurred...

(3) In proceedings for an offence under this section it shall be a defence to prove the following matters- (a) that works to the building were urgently necessary in the interests of safety or health or for the preservation of the building; (b) that it was not practicable to secure safety or health or, as the case may be, the preservation of the building by works of repair or works for affording temporary support or shelter; (c) that the works carried out were limited to the minimum measures immediately necessary; and (d) that notice in writing justifying in detail the carrying out of the works was given to the local planning authority as soon as reasonably practicable.

Anyway this is all entirely hypothetical as nothing has happened as far as I am aware.

 

At the end of a long argument I could see LBC being given for demolition unless outside funding for repair had magically appeared. Their design and location makes an alternative (revenue generating) use almost impossible. I once dealt with an application for Conservation Area Consent to demolish a large asbestos shed in a CA. It was a foul looking structure and there was no doubt that the CA would look better without it. However, the Heritage Lobby argued that it was part of the story of the way that the area had developed. Well, it was in the sense that it exemplified a time when no-one cared about matching the old brick and stone buildings and was prepared to erect the cheapest rubbish possible. We granted consent!

 

They are unlikely to risk the two years in gaol though! With trees, one can always impose a re-planting condition that puts trees in just as awkward a place.

 

I don't think anyone has ever been jailed for demolishing a LB, although some monster fines have been applied. Trees have a mysterious habit of dying or disappearing over bank holidays?

 

Some disappeared the day after Boxing Day but I still turned up by chance. Rather more satisfactory was the advertising company who erected an illegal "48" sheet in view of my office window and wondered why they'd been fingered so easily.