Court action over condition of listed building in Boston

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The owner of a listed building in Boston has been prosecuted after failing to carry out essential maintenance on the historic property, despite multiple warnings and the issuing of a legal notice, the borough council has said.

The action was taken in relation to 65A-67 Wide Bargate, a Grade II listed property facing John Adams Way.

As a Grade II listed building, English Heritage considers it to be ‘of special interest’.

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According to its official list entry, parts of the site date back to the early 18th century.

'Of special interest' - the Grade II listed 65A-67 Wide Bargate, in Boston.'Of special interest' - the Grade II listed 65A-67 Wide Bargate, in Boston.
'Of special interest' - the Grade II listed 65A-67 Wide Bargate, in Boston.

In a statement about the prosecution, the borough council said the building had ‘fallen into a state of disrepair that caused concerns for its long-term safety and turned it into an eyesore in the local area’.

“Contact was made by the council to the building’s owner in December 2023, asking for necessary improvements to be made to safeguard the building and enhance its appearance,” the statement continued. “No works were undertaken, and in June 2024 the council issued a legal notice under section 215 of the Town and Country Planning Act, specifying the work that was considered necessary and setting a timescale for it to be completed by October of that year.

“Despite this formal notice, no works were undertaken, and the owner failed to engage further with the council, leading to the need for legal action to be taken.”

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The case went before Boston Magistrates’ Court on Monday, March 24.

The owner – Farzana Yasmin Akhter, of Portman Close, Netherton, Peterborough – did not attend, but was found guilty in her absence, it added.

She received a fine of £660 and was ordered to pay a victim surcharge of £264 and costs to the council of £350.

The owner of the property is also still required to carry out the necessary renovations to the property, with the council able to take further legal action if this does not occur, the authority added.

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A Boston Borough Council spokesman said: “Boston’s historic buildings form a key part of the town’s character, and we are committed to doing everything within our power to ensure they are maintained and managed in a way that preserves them and prevents them from becoming a blight on the community.

“Our planning enforcement team has worked over a prolonged period to engage with this property owner to make sure the required works were carried out, but unfortunately were left with no choice but to pursue legal proceedings to see action taken. We are pleased to see the court find in the council’s favour, and hope that these important renovations will now get underway to bring this listed property back to the state it should be.”

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