I am calling for urgent Shropshire Council action over the King Street eyesore (updated)

The former Costa Coffee at 4-5 King Street is one of most disgraceful buildings in Shropshire, let alone Ludlow. It is an eyesore and work by contractors has not improved its appearance. After nearly two years of discussions and no significant action, it has decayed to the point it is becoming dangerous. I am asking Shropshire Council to issue a S54 notice under the Section 54 of the Planning (Listed Buildings and Conservation Areas) Act 1990. This gives the council the power to conduct urgent repairs if the building owner does not act. I have also asked for an immediate inspection of the building to ensure it is safe.
This article has been updated to include the reply from Shropshire Council. 

I first started discussions with the owner, SEP Properties, about getting this property improved and back into use in January 2024. More than a year and a half has passed and there is still not sign of applications for listed building consent and any planning permission that might be needed. There is still no one working on site.

The contractor is Beaumanor, the development arm of SEP Properties. There have been endless promises and discussions but still nothing has been done.

Temporary work was agreed to smarten up the building towards the end of May. Beaumanor and SEP have done nothing since.

We can’t go on like this. How long do we have to wait for this eyesore on the busiest street into Ludlow town centre to be smartened up and brought back into use? I have fended off complaints about this building for a year saying something will be done shortly. It is now clear nothing will be done without Shropshire Council demanding immediate action by issuing a legal notice.

My question asking for action is on the agenda for cabinet on Wednesday morning.

Question to Cabinet: Section 54 notice for 4-5 King Street

Numbers 4-5 King Street, which have been knocked into one, were formerly a Costa Coffee. The fabric of the buildings deteriorated during that period. Decay has increased since Costa Coffee closed in May 2023. Cement has flaked from the front wall. A pane of glass fell out onto the pavement of King Street.

This is Ludlow’s greatest eyesore and an embarrassment to the town and Shropshire. Despite a year and a half of discussions between myself, council officers, the owner and the contractor, nothing significant has been done to the building. It is opposite a popular venue, the owner of which says it is affecting his business.

Ludlow has run out of patience on this. Shropshire Council can move it forward by issuing a notice under Section 54 of the Planning (Listed Buildings and Conservation Areas) Act 1990.

Can the council:

1) Conduct an urgent building inspection of both the exterior and interior of the building?

2) Issue a Section 54 notice on the owner to ensure there is a maximum focus on bring this Grade II listed building into repair?

Response:  Cllr David Walker, Portfolio Holder for Planning

Council Officers are aware that external condition of 4-5 King Street, which is a Grade II listed building, has been gradually deteriorating over recent years and for some time prior to the Costa Coffee branch closing.  This includes flaking paintwork and defects with part of the render on the front elevation of the property, both of which have been noticeable since at least 2021.  We are further aware that residents and Cllr Boddington have raised increased concern about the deteriorating condition of the exterior of the building over the past 18mths, including via social media.

The owner of the property sought pre-application planning advice regarding proposals to repair and refurbish the building last year.  They have subsequently advised officers that they intend to bring forwards applications for planning permission and listed building consent this autumn, with a view to letting the property to an end user towards the middle of next year.  Ahead of this, the owners removed inappropriate materials that had previously been applied from the floors of the building, together with some stripping out of the previous café fixtures, with the agreement of the Conservation Officer, last year.  

Officers have also agreed that the owner can undertake a package of repairs to the render and front elevation of the building ahead of submission of their planning applications.  The owner’s surveyor continues to advise officers that they are currently in the process of appointing a scaffolding contractor to enable them to undertake these works.  They have further advised that once they have appointed a contractor they will apply to the Street Works Team for a scaffolding permit, also taking account of the need to avoid scaffolding being in place, and the pavement below it restricted, during the Ludlow Food Festival weekend of 12 – 14 September.  Officers have arranged to meet with the surveyor dealing with the property this week to inspect the interior and exterior of the building and further impress on them and the owner the need to progress these repairs as soon as reasonably possible now. They will provide myself and Cllr Boddington with further updates once this meeting has taken place.

Section 54 of the Planning (Listed Building and Conservation Area) Act 1990 provides the Council (as the local planning authority) with the power to undertake works which appear to them to be urgently necessary for the preservation of a listed building.  Case law has clarified that these works should be restricted to emergency measures to keep a building wind and weatherproof, safe from collapse, and/ or prevent vandalism or theft, and must be the minimum works necessary to achieve this and not include those that are just desirable.  Any such works are therefore limited to measures such as temporary roof coverings to provide shelter, temporary structural shoring and scaffolding, and boarding up and installation of temporary security doors and window grills.  Before proceeding the local planning authority must firstly formally warn the owners of a building that it is considering talking enforcement action, in order to provide them with an opportunity to act themselves and therefore prevent any cost arising to the public purse.  Likewise,  works cannot proceed until a Notice (often referred to as an Urgent Works Notice) has been served that specifies the scope of the works to be undertaken, and providing the owner with a minimum of seven days to respond.  Under section 55 of the Act, the owner can appeal to the Secretary of State via the Planning Inspectorate against subsequent attempts by the local planning authority to recover its costs for undertaking urgent works.  

Given these considerations, officers have advised me, and I agree, that an Urgent Works Notice would not be the appropriate enforcement tool to utilise in this case, and that any challenge against such a notice is likely to succeed in the circumstances, especially given that negotiations with the owner remain ongoing and that other planning enforcement powers would considered be more appropriate.  

With regard to the safety to the public, the Council’s Building Control Team have recently investigated a dangerous structures case after receiving reports of debris and glass falling from the building and the deteriorating state of repair, which included dialogue with the owners.  However, a Building Control Surveyor has checked the building again over the weekend of 6-7^th September, after they were made aware of Cllr Boddington’s concerns.  Any further such incidents should be reported directly to the Building Control Team so that they can be investigated in relation to their powers under the Building Act 1984.