Historic house knocked down without consent

May 1 2008 By Gary Fanning

A COUNCILLOR this week hit out after a historic house, damaged by fire, was bulldozed without consent.

SNP councillor Barry Douglas said knocking down the property at 3 Windmill Road, Hamilton, without listed building approval could be against the law.

The three-bedroom ‘B’-listed bungalow was badly destroyed in a blaze last August.

The son of the owner of the house said the building was knocked down as South Lanarkshire Council asked them to do so because it had become too dangerous.

Shakiel Ahmed (50), owner of the Pir Mahal restaurant and 90 properties across Hamilton, said they acted in good faith and did everything they could to save the house from demolition.

Now Councillor Douglas has demanded the council do more to protect listed buildings.

He said: “The owner would have required a listed building consent from the council to knock this property down as it is breaking the law to do so without.

“This is a B-listed building and was part of Hamilton’s heritage. I believe it formed part of Hamilton’s original boundary.

“Everything should have been done to prevent this listed house being knocked down.

“I am disappointed that listed buildings are being knocked down all over South Lanarkshire without listed building consent.

“We need to save Hamilton’s heritage.”

It is understood the blaze last August may have been caused by an electrical fault.

Retired 78-year-old Nazir Mohammad owned the property and rented it out and the property was rented when the blaze occured.

Mr Ahmad added: “Last year there was a serious fire to the property and the blaze left it with no roof.

“We received a letter from the council’s Building Service urging us demolish it immediately because it was too dangerous.

“Residents had been complaining to the council that people were walking in and out of the property.

“Only after receiving the council’s letter did we demolish the property.

“If the council ask you to do something, then you do it.

“We did all we could to save the building.
“We received a letter from surveyors DH Hall who looked at the property and said in their opinion that the money would be wasted repairing it as it would never be the same again.

“We spent £30,000 upgrading the property about 16 years ago.

“My father rented it from day one and it was a nice income for him when he retired.

“We got the house painted and the outside walls were roughcast.”

He added: “I am disappointed that it had to be demolished but the fire had caused so much damage that there was nothing I could do about it.

“I just wonder why it was classed as a listed building.”

A South Lanarkshire Council spokeswoman said: “We are aware that the property in question has been demolished and can confirm it was listed.

“A fire in the property last year had rendered the building dangerous and the owner knocked it down.

“Listed building consent should, however, have been sought and we are currently in discussion both with the property owner, and Historic Scotland, to agree what action if any, is now appropriate.”

Lisa Nicholson, spokeswoman for Historic Scotland said: “We have not been involved in the issues surrounding Windmill Road, however, we will seek clarification from the council on the specific issues.

“Demolition of a listed building requires Listed Building Consent from the council.

“A decision would normally be reached with advice from Historic Scotland.

“If works are undertaken without listed building consent then retrospective consent can be obtained from the local authority and Historic Scotland.

“Enforcement action would normally be a decision for the local authority’s planning enforcement team.”