Page 294 (d) The Gowers Committee rightly conclude that the ultimate power to insist Hon the preservation of a building cannot be exercised by anyone except a Minister, since it affects private interests. Therefore the body mainly responsible under these proposals for the preservation of historic houses would not enjoy this power. This is a weakness of organisation. (e) It is doubtful and certainly this is the impression given by the recommen- dations of the Gowers Committee whether a statutory body of this kind could ever work as effectively as a Ministry through local authori- ties; but this is a sphere of activity in which local interest and local contributions are most valuable.
12. For these reasons I reject the idea of independent executive Historic Buildings Councils.
13. I also reject their proposals on taxation. I need not stress the political difficulty of giving specially favourable treatment for this purpose to the owners of large houses. Moreover, from the point of view of taxation policy these concessions would be extremely dangerous. We have always tried, so far as possible, to avoid measuring a man's liability to tax by his particular choice of commitments. The Gowers proposals would make a wide breach in this principle and would give rise to claims which it would be hard to resist from other people for similar treatment in comparable cases.
An alternative policy
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14. The proposals of the Gowers Committee were founded mainly on the desire to keep historic houses in private ownership; and they went to great lengths in proposing means to this end. There is a strong case, elaborated in their Report, for encouraging private occupation in many cases. Private ownership is another matter, and I see no reason why we should encourage it. I am more inclined to encourage ownership by the State or by the National Trusts for England and Scotland, who already have long experience and great public goodwill. This is not in the least incompatible with private occupation, as the experience of the National Trusts shows.
15. I propose, therefore, that we should adopt the following alternative policy:-
(a) Direct responsibility by the Minister of Works for the preservation of
historic houses; the statutory commissions should only be advisory. (b) No specific encouragement of private ownership as such; but every encouragement of, and co-operation with, the National Trusts, who combine public (though not State) ownership with the possibility of private occupation where this is expedient.
(c) Transfer of the relevant powers of negative preservation now enjoyed by the Minister of Local Government and Planning to the Minister of Works in order that all powers necessary for the preservation of historic houses should be concentrated in him.
(d) As much as possible to be done through local authorities.
(e) Some expenditure by the Ministry for the preservation of historic houses, part of which will be spent through local authorities or the National Trusts.
(f) No taxation reliefs in favour of private owners.
(g) Some small exemptions from death duties in respect of property given or left to the National Trusts or the State (no exemptions are needed in respect of property owned by the National Trusts since they already enjoy complete exemption as charities).
(h) Similar, but not identical, provisions for Scotland, where the powers would
be shared between the Minister of Works and the Secretary of State.
16. In present circumstances we shall have to limit expenditure on historic houses to the minimum; we cannot possibly afford, in terms either of money or of man-power, as much as could usefully be spent on this purpose. The Gowers Committee mentioned as an aim (though not in the least as a minimum) assistance by way of taxation remission or otherwise to some 2,000 houses. This is probably an under-estimate of what could usefully be done if resources were unlimited; I understand that the Ministry of Town and Country Planning are likely ultimately to list something like 5098 houses as Grade I, on most of which some gasisfange
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Pofla hoebe Wasted. In addition many of the houses chich are listed only as Grade II (which may include as many as 90,000) ought to be preserved, and some of them are in greater need of assistance than some of those in Grade I: But in present circumstances we must work on a more modest scale, and confine our help to those cases where it is vitally necessary.
to those
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17. If we were to concentrate all our efforts on encouraging the private owner- ship of houses it might cost a little less; as neither the State itself nor the National Trusts (which are charities) pay any tax at all, ownership and upkeep of houses by the State or the National Trusts is the method which costs most to the Exchequer, and any form of assistance to private owners, whether by way of loan, grant, or partial remission of taxation, might come out cheaper. But for the reasons of principle which I have mentioned above I do not think that we should be affected by this to limit our expenditure.
18. The following paragraphs set out my proposals. If they are accepted I propose that I should announce them straight away and that the Minister of Works and the Secretary of State for Scotland should be authorised to prepare legislation, on the lines which we propose, for introduction next session.
Organisation
ya 19. The Minister of Works should be charged with the duty of protecting buildings of historic or architectural interest in England and Wales. He should set up Historic Buildings Councils for England and Wales which would not have executive powers, but which would advise him on the general policy to be adopted, on the broad allocation of funds, on the listing of buildings and monuments, on the preservation of individual buildings and monuments and generally on any matter affecting the preservation of historic buildings and monuments.
20. The Ministry should become the central authority for advising Govern- ment Departments, planning authorities, owners and others, on all matters relating to historic buildings and their contents.
21. Unlike the Councils proposed by the Gowers Committee, the Minister of Works can and should take over from the Minister of Local Government and Planning existing powers under the Town and Country Planning Acts, to list build- ings of special historic or architectural interest and to make Preservation Orders. He would operate through local authorities (wherever appropriate), and for this purpose there would be appropriate powers as in the Town and Country Planning Act, 1947, for-
(i) buildings to be listed for the purpose of declaring their historical or archi-
tectural value and preserving them as far as practicable;
(ii) appeal by the owner against refusal of consent to demolish or alter a listed" building with provision for payment of compensation in
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plan appropriate cases;
(iii) service of purchase notice on the local authority or the Ministry of Works if consent to demolition or alteration is refused and the building thereby becomes incapable of reasonably beneficial use "; and
(iv) acquisition (compulsorily if necessary for the preservation of the building)
either by the local authority or by the Minister.
There would be power to list and treat all or part of the contents of a building, for purposes of preservation, acquisition, &c., as part of the building.
22. The Ministry of Works and local authorities would be given power to acquire land, buildings, and monuments for the purposes of the Bill by gift, legacy, purchase or compulsory purchase, or otherwise. If the National Trust needed such powers and would find them useful, it would be empowered, subject to the agree-, ment of the Ministry and to the consent of any interested party to an alteration of the trusts concerned, &c., to transfer to the Ministry the ownership of any land, buildings or monuments. With Treasury consent, the Ministry would be empowered to transfer land or buildings to the National Trust or to any local authority. It would also be empowered to let any property in itsship to the National Trust or to any other party at less than the normal rent, or at a peppercorn rent if this were necessary in order that the purposes of the Bill might be carried out. Thus there would be the greatest flexibility in the dealings between the Ministry and the Nagonal5Trust87each could take on the work for which agus best fitted
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23. The Minister, of any local authority, would be empoweredte foang
Page of or grants to the owners of historic buildings, whether public or private (and this would include the National Trust) where he was satisfied that this was needed for its preservation or maintenance.
24. The Ministry would have other subsidiary powers, e.g., to make arrange- ments with the National Trust or any other body or person for the management of any land or buildings which it owned, to give advice (sometimes free of charge) to all owners of buildings or monuments on their treatment, and to carry out works to historic buildings or ancient monuments at the expense of the owner or at such charge as it might decide. a nehuman maesh bawody, de runner in armat yra bite
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Tab 25. There would be corresponding powers as regards listed contents of houses. 26. Any grants given to owners of houses would be subject to the following conditions:
(a) the house must be properly maintained, and the owner must do to that end such things as may be prescribed by the Ministry or the local authority; (b) the owner must make the house accessible to the public to a prescribed
extent;
(c) if the house is acquired in due course by the Government or by any local authority, no account should be taken in determining the price of any accretion of value caused by assistance given by the Ministry or any local authority; and
(d) if the owner wished to sell his house the Ministry should have first option
to buy it at a price determined as in (c).
Financial Arrangements
27. The Minister would have powers to make grants to Local Authorities in respect of any compensation paid, or of loss incurred as a result of acquisition, at rates which he would agree with me (the present rates of grant under Section 94 of the Town and Country Planning Act range from 20 per cent. to 50 per cent., according to the financial strength of the Authority).
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28. The Ministry's expenditure on current purposes should be voted in the ordinary way and not as a grant-in-aid (which is what the Gowers Committee suggested). The Minister will have to plan ahead with care, particularly at a time of limited resources. I should therefore propose that the net amount to be provided on his Vote for the preservation and maintenance of monuments, buildings and their contents, for works, and for loans and grants for these purposes, less any recoveries, should be treated as a fixed ration. This would be determined on a five-year basis.
29. The Minister, with the advice of the Historic Buildings' Councils, would determine how the available money should be used, as between the different methods of assistance and the different claimants. On this he would have a pretty free hand; the important thing, from my point of view, is that he should keep within the agreed total. This is not a matter on which we can afford an open-ended liability.
30. In so far as the Ministry acquires property (including contents of houses) it would be appropriate, I think, that the cost should be met from the National Land Fund: it is the kind of thing for which it was set up. In order to retain full Parliamentary control I propose that any such cost should be met from Votes and that an equal amount (up to a maximum to be written into the Bill) should be transferred from the National Land Fund and appropriated in aid of the Vote.
Scotland
The
31. Somewhat different arrangements will be required for Scotland. details have still to be worked out, but, broadly speaking, it is proposed that the Secretary of State should continue to be responsible for the work done by the local authorities and for making grants to them. The Minister of Works would have power to acquire or to accept gifts of buildings for the purpose of preserving them. Grants and loans to private owners would be made by the Minister of Works. The necessary specialist staff would be concentrated in the Ministry of Works; but the two Ministers would work in close consultation and the Scottish Historic Buildings Council would be appointed by them jointly.
32. Separate legislation will be required for Scotland.