Acting on the impartial advice of the independent Inspector who heard all the evidence at this spring's public Inquiry into the case, Tessa Jowell today confirmed that the compulsory purchase of the estate should proceed. It was the Inspector's conclusion that this step alone provided an unequivocal guarantee that the 15th century Hall and other listed buildings would be properly preserved. He did not accept that reasonable steps were currently being taken to protect the property.
The Order, which will become operative on 19 August, will allow for the property to be purchased by the State at a fair price based on the District Valuer's estimate and agreed between the parties. If agreement cannot be reached for any reason the value of the land and buildings will be determined by the Lands Tribunal.
In making the Order Tessa Jowell said:
"Apethorpe Hall is a rare and beautiful building of truly national historic importance. It is an irreplaceable treasure that without decisive action could be lost to us forever. While this is not a decision I take lightly, it is right that every effort is made to safeguard this wonderful piece of our heritage for everyone to enjoy."
The freehold of the Apethorpe estate will eventually be transferred to English Heritage whose preferred option is to sell it on to a private owner who will keep it intact and in single occupation. In the meantime, its Commissioners have agreed to re-prioritise their grant-aid budget to ensure that funds are available to meet the full cost of repairs. In advance of another winter, English Heritage will begin as soon as possible on repairs in accordance with the works scheduled in the Repairs Notice served in October 2001, and they will at the same time market the property. If a new private owner can be identified before the restoration programme is in full swing, they will grant-aid the works. In either case, in return for the public money that will be committed to urgent repairs, English Heritage will negotiate with any prospective new owner to allow for public visitor access, for a specified period each year, to areas of the Hall such as the once magnificent Staterooms, which are of historic and architectural importance.
Notes to Editors
Apethorpe Hall is a major country house and was listed Grade I on 23 May 1967. This places it in the top 2% of the nation's historic buildings. It is of considerable historic and architectural importance, originating from the 15th century and containing important architectural elements from each subsequent century. It has entertained Tudor and Stuart royalty, notably Elizabeth I and James I, and is on the edge of the picturesque village of Apethorpe in Northamptonshire. It is now in a poor and deteriorating state of repair and is considered to be among the greatest priority conservation cases in the country. It has been a category A building on the English Heritage Buildings At Risk Register since a national register was first introduced in 1998.
Reflecting concern about the condition of the buildings, in 1996 the local planning authority, the East Northamptonshire Council, started pressing its then owner Mr. Burweila to carry out the necessary works to ensure its proper preservation. Under section 54 of the Planning (Listed Buildings and Conservation Areas) Act 1990 a total of seven urgent works notices were served on Mr Burweila, two by the council and subsequently five by English Heritage. Mr Burweila only carried out some work specified in two of the notices. As a result, English Heritage, on behalf of the Secretary of State, completed the works contained in four of the remaining five notices at a cost of some £300,000.
On 5 October 2001 Mr Burweila was served with a formal Repairs Notice by the Secretary of State. This notice made it clear that lack of action could lead to compulsory acquisition. However, Mr Burweila took no steps to repair the property. As a result, on 26 June 2002, a draft compulsory purchase order was served on Mr Burweila, who sold the estate on the eve of it being served.
The power of the Secretary of State to make a compulsory purchase order is contained in section 47 of the Planning (Listed Buildings and Conservation Areas) Act 1990. ACEL, as the new owner, exercised its right to object to the making of the order at a local public Inquiry. The public Inquiry was held in Thrapston, Northamptonshire on 24-27 February, 2-5 and 9-12 March 2004 before an independent Inspector appointed by the Planning Inspectorate. At the Inquiry the Department explained why the Secretary of State took the exceptional step of making the draft Compulsory Purchase Order in June 2002 and why she believed that it was still necessary to proceed with the compulsory purchase of the Apethorpe estate. The Department was supported by expert witnesses from English Heritage and others.
The power to make a compulsory purchase order is used in exceptional circumstances by the Secretary of State, this being only the second occasion. The powers are used more frequently by local authorities on listed properties in their areas and the Secretary of State's role in those circumstances is to decide whether to confirm their orders. The Secretary of State's sole objective throughout these proceedings has been to ensure that reasonable steps are being taken for the proper preservation of Apethorpe Hall and the other listed buildings on the Apethorpe estate.
Updated 27 May 2005
