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Updated 26 March 2004
The Public Inquiry into the compulsory purchase of the Apethorpe estate in Northamptonshire has now closed.
The independent inspector who heard all the evidence at the Inquiry must now consider that evidence and make a recommendation to the Secretary of State for Culture Media and Sport. The final decision on the compulsory purchase will be made later in the year once the Secretary of State has considered the Inspector's report and recommendations.
24 February 2004
Compulsory Purchase of Apethorpe Estate, Northamptonshire
The Public Inquiry into the Secretary of State for Culture Media and Sport's intended compulsory purchase of the Apethorpe estate in Northamptonshire opens today at the offices of the East Northamptonshire Council in Thrapston. The Apethorpe estate contains a suite of historically important listed buildings. The Grade 1 Listed Apethorpe Hall is a rare and fine example of a major country house incorporating architectural elements from each century from the late 15th century.
These important historic buildings were allowed to seriously deteriorate during the almost 20 years that they were owned by Mr Wanis Burweila, a Libyan businessman now resident in Greece. They have been included at category A on the Buildings At Risk register since the first national roll was produced by English Heritage in 1998. Mr Burweila failed to take any action to implement the Repairs Notice served on him by the Secretary of State in October 2001. He then sold the estate on the eve of the draft compulsory purchase being served.
At the Inquiry the Department will explain why the Secretary of State on the advice of English Heritage, took the exceptional step of making the draft Compulsory Purchase Order (CPO) in June 2002 and why she considers that it is still necessary to proceed with the compulsory purchase of the Apethorpe estate. The Department will be supported by expert witnesses from English Heritage and others.
The Secretary of State's sole objective in these proceedings is to ensure that reasonable steps are being taken for the proper preservation of Apethorpe Hall and the other listed buildings on the Apethorpe estate. The Department's evidence is available in full at the Council's Offices. We are unable to comment in detail regarding some points at issue in advance of their being aired at the Public Inquiry.
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 historical and architectural importance, origination 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. But now it is a poor 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 Art 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 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 carried out some work on two but ignored the remaining five. As a result, English Heritage, on behalf of the Secretary of State completed the works contained in four of the five at a cost of some £300,000.
On 5 October 2001, the previous owner. Mr Burweila, was served with a formal Repairs Notice by the Secretary of State giving three months to carry out the necessary repairs. This made clear that lack of action could lead to compulsory acquisition. Mr Burweila took no steps to repair the property. As a result, a draft compulsory purchase order was served on Mr Burweila on 26 June 2002.
The powers for the Secretary of State to serve a compulsory purchase order are contained at section 47 of the Planning (Listed Buildings and Conservation Areas) Act 1990. ACEL, as the new owner, has exercised its right to object to the making of the order, first in the magistrate's court and now in a local public inquiry. Following the inquiry, the Secretary of State will decide whether to confirm and make the order. The owner will receive compensation if the compulsory purchase goes through. These powers are only used in exceptional circumstances by the Secretary of State and this is only the second occasion. The powers are used more frequently by local authorities on properties in their areas and the Secretary of State's role is to confirm their orders.
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