Major estate agency fined £120k for unauthorised works at Grade I branch

Knight Frank has been ordered to pay a £120,000 fine plus costs, totalling £162,000, for carrying out unauthorised works to its Grade I–listed office building in Bath, after being found guilty of offences under Sections 7 and 9 of the Planning (Listed Buildings and Conservation Areas) Act 1990.

The charges related to unauthorised alterations carried out between 1 June 2022 and 4 February 2023 to Number 4 Wood Street, Bath, part of a Grade I listed terrace constructed between 1729 and 1734 by renowned architect John Wood the Elder and now comprising of offices and shops, including Knight Frank’s branch.

The estate agency proposed replacing the timber floor joists and stone wall tops, but the company was subsequently advised by the Bath & North East Somerset Council’s Conservation Officer that any works affecting historic fabric required listed building consent.

Despite this advice, Knight Frank instructed contractor Emery Brothers to remove and replace historic floor structure with modern materials.

The unauthorised works were discovered on a site visit by the council in February 2023.

Knight Frank and Emery Brothers admitted their involvement in the works, initially citing urgent safety concerns as justification. After the council instructed expert evidence on this matter, the defendants changed their defence to claim the works did not require consent as they did not affect 4 Wood Street’s character as a building of special architectural or historic interest.

Having heard evidence over two days, including from two expert witnesses for the council, one of whom was a Conservation Officer, District Judge Brereton was satisfied beyond reasonable doubt that the works did affect the character of 4 Wood Street and required listed building consent. On the basis of this evidence, the Judge found both defendants guilty of an offence under Section 7 and 9 of The Planning (Listed buildings and Conservation Areas) Act 1990.

District Judge Brereton found Knight Frank’s culpability to be reckless and they were fined £120,000.

With regard to Emery Brothers the District Judge found their culpability to be negligent, and they were fined £70,000.

In addition to the fines of £120,000 for Knight Frank and £70,000 for Emery Brothers, both companies were ordered to pay £2,000 in court surcharges and the council’s full costs, split as £40,000 for Knight Frank and £20,000 for Emery Brothers.

Cllr Matt McCabe, cabinet member for Built Environment, Housing and Sustainable Development, said: “This prosecution demonstrates the council’s determination to uphold the law and protect the city’s historic buildings for future generations.

“Only 2.5% of listed buildings in England hold Grade I status, which is a reflection of their exceptional importance and contribution to the double-inscripted World Heritage Site of Bath.

“I hope this outcome sends a clear message: we will look to hold those who ignore planning rules accountable.”

 

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4 Comments

  1. BEReal46

    What the **** were they thinking?!
    Unfortunately this also paints a picture of the morals of some agents and doesn’t do anything to help our reputation as an industry.

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  2. richardcopus

    Of all the agents Knight Frank should have been at the top of the league in understanding listed building legislation! Too many estate agents have little knowledge of listed building law and it is material information which needs to be disclosed to potential purchasers. Being caught out on your own premises and a grade I building at that is inexcusable!

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    1. richardcopus

      Note to editor: All isted buildings in England total less than 2% of the housing stock and grade I is 3% of that, i.e. 0.06% of the total stock if my maths is right – not 2.5% which would be a huge number! It sounds as though Knight Frank and PIE need to attend one of my training courses!

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  3. richardcopus

    Sorry Nick, not you! Cllr Matt McCabe needs to go on a councillors’ refresher course it would seem!

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