Successful enforcement action by Wiltshire Council results in demolition of Warminster property

A structurally unsafe property in the centre of Warminster has been demolished following successful enforcement action by Wiltshire Council.

The listed property, at 3 High Street, had been a long-standing safety concern for the council's Building Control team due to a decline in its structural integrity and the dangerous state of its scaffolding.

In November 2023, the owner was served notice under Section 77 Building Act 1984, which required for the immediate dangers to be mitigated. A subsequent court order from Swindon Magistrates Court ordered the owners to remove all the herbaceous growth from the front and side elevation; reinstate the plywood hoarding to the scaffold to prevent access to the scaffold and the building; remove all loose masonry from the front and side elevations; and ensure a structural assessment is undertaken by a specialist.

The owner instead elected to demolish the building, and these demolition works have now been taken place. Demolition of a listed building would usually require listed building consent, however, Section 9 (3) of the Planning (Listed Buildings and Conservation Areas) Act 1990 allows for emergency situations by providing a defence from potential prosecution where works are urgently required in the interests of public safety or the security of the building. Consent for the demolition was given due to the poor condition of the building and due to there being no further safe opportunity for temporary works, scaffolding, propping or shoring that could achieve the safety of the building.

Cllr Nick Botterill, Cabinet Member for Development Management and Strategic Planning, said: I'd like to praise the Building Control officers involved in seeing this case through to its conclusion. It has been a very challenging, time-consuming case, with the building having been an ever-increasing concern since October 2014.

As our Business Plan states we have a duty to deliver professional building control services and enforce breaches of planning control in order to protect our residents. While we know it is disappointing for the local residents and councillors that ultimately the building has been demolished rather than restored, we had a duty to ensure that the site was made safe.