Developer who demolished 200-year-old pub without permission fined £32,000
MAN SHOWED ‘NO REMORSE’ AFTER CAUSING ‘IRREPARABLE HARM’
A PROPERTY developer who blatantly demolished a popular 200-year-old pub in a “deliberate” bid to “make money” – despite being warned to stop – has been left with a court bill of nearly £54,000.
Wayne Low claimed he had a “genuine passion for historic buildings”, but still went ahead with the demolition of a “heritage asset” to the horror of local villagers.
He was later ordered to restore the historic Travellers Rest pub, in Main Street, Long Riston, to its “former appearance” but failed to follow the agreed plans, Hull Crown Court heard.
Low, 48, of Driffield Road, Molescroft, Beverley, admitted failing to obtain planning permission to demolish the pub in a conservation area.
He was fined £32,000 and was ordered to pay £21,968 costs.
A company of which he is a sole director, AGML (UK) Ltd, also admitted a similar offence but no separate penalty was imposed on it.
Killian Garvey, prosecuting for East Riding Council, said that the pub was demolished between November 2019 and February last year.
The demolition work came to light on November 28, 2019, when a power company was asked to disconnect supplies and local residents complained the same day.
Planning enforcement officers visited the next day and on December 2, 2019.
On January 30, last year, while demolition was going on, Mr Low was warned that he was committing an offence and that he should stop the work.
“He refused that,” said Mr Garvey.
“He was told explicitly that he was committing an offence to demolish the pub.”
The work was done without East Riding Council being told and without planning permission.
The pub had closed in 2018 and, although it was not listed, it was within a conservation area in the village.
The council took enforcement action, requiring Mr Low to rebuild the pub, and a notice was issued on December 11 last year.
Mr Low appealed against that decision, seeking permission to have the pub demolished.
In June this year, a planning inspector dismissed the appeal, although variations were made to the scheme, and Mr Low was told to “reconstruct the pub”.
The demolition had caused “heritage harm” to the conservation area and a “heritage asset” in the village.
Mr Low had shown “no remorse or contrition” after causing “irreparable harm” to the conservation area.
“This was a deliberate action taken to commit the offence for the purposes of making money,” said Mr Garvey.
It was “deliberate even in the face of being told” that this was an offence and he still continued.
Mr Low had convictions for eight offences before Scarborough magistrates in July 2002 involving clearing an area for a holiday site, killing great crested newts and destroying habitats.
Joshua Hitchens, mitigating, said that Mr Low was a property developer who primarily restored old buildings.
“He has a genuine passion for historic buildings,” said Mr Hitchens.
Mr Low apologised and had shown remorse for his “completely unacceptable” demolition of the pub.
“He was told by the local authority that this was a criminal offence,” said Mr Hitchens.
“When he purchased the building, it had not been occupied since 2018.
“It was derelict, boarded up and in a very serious state of disrepair” at the time of the purchase in 2017.
It was accepted that Mr Low should have done up the building to avoid demolition.
“That’s not in dispute,” said Mr Hitchens.
Mr Low was facing a situation where there were “serious structural issues” but he did not claim that his actions were accidental.
The work required by the council on the site had been completed “expeditiously” with repurposed bricks and done aesthetically, to the standard wanted by the council, and it was completed recently.
“It has been restored to its former appearance,” claimed Mr Hitchens.
But Mr Garvey, for the council, said: “The building is not finished, either in part or in full. It’s still subject to complaints.
“It has not been rebuilt to the standard that was required. It has not been reconstructed in accordance with the plans.”
He did not know whether the council would take further action.
Recorder Tahir Khan QC told Mr Low that he had been warned that demolition was a criminal offence.
“You could not have been under any illusion that continuation with the demolition project would most likely land you in serious trouble but, despite the warning, you carried on with demolition,” said Recorder Khan.
“This was a deliberate and blatant disregard of the law in the knowledge that what you were doing was committing harm to a heritage asset.
“This was a deliberate breach of legislation by a property developer.
“The harm that was caused to a heritage asset was exacerbated by the fact that your object was make money and, no doubt, the erection of something in its place that would generate profit.
“Businesses owe a duty to the community to preserve heritage assets.”
The message had to go out that the courts would take action against businesses that put profits first, said Recorder Khan.
At the time of the demolition, Councillor Brian Skow branded the matter a “great loss” to Long Riston and said: “I’ve never seen villagers this upset before. It was a wonderful pub.”
Alan Menzies, director of planning at East Riding Council, said: “We are pleased the court has taken the breaches seriously, which is reflected in the fine handed down.
“I hope this case serves as a warning to anyone who does not abide by planning regulations that we will enforce the law and prosecute if necessary.”