Report to Cabinet 18th February 2014 Subject: Proposed Conservation Area Review Status: Routine Matter for Decision Report Ref: Ward(s): All Key Decision: Yes Key Decision Ref: 859/PL Report of: Mike Townsend, Planning and Development Manager – email: mike.townsend@basingstoke.gov.uk Contact: Appendices: Tel: 01256 845 307 Rachel White – email: rachel.white@basingstoke.gov.uk Tel: 01256 845287 Jamie Preston – email: jamie.preston@basingstoke.gov.uk Tel: 01256 845512 Appendix 1 – Proposed Prioritisation Methodology Appendix 2 – Proposed Prioritisation List Appendix 3 – Consultation and Adoption Methodology for future review Appendix 4 - Public Consultation and Adoption Methodology Appendix 5 – Top 5 Priority Conservation Areas Papers relied on to produce this report SUMMARY 1. This Report 1.1 This report identifies the need to review the Borough’s Conservation Area Apraisals and proposes a model for undertaking this work. 2. Recommendation 2.1 It is recommended that: Cabinet: i. Considers the comments made by the Planning and Infrastructure Overview and Scrutiny Committee in respect of the proposed Conservation Area Review, prioritisation methodology and priority list, and approach to consultation and adoption; ii. Approves the proposed review of conservation area appraisals and development of management plans as necessary; iii. Approves the prioritisation methodology (Appendix 1) and the conclusions of the desk top review as set out in the prioritisation list (Appendix 2); iv. Approves the approach to consultation and adoption (Appendix 3) for taking forward a programme of Conservation Area Review. 1 of 7 the CONTRIBUTION TO COUNCIL PRIORITIES This report accords with the council’s Budget and Policy Framework and directly supports the Council Plan priorities of Planning policies that safeguard local distinctiveness. GLOSSARY OF TERMS Term Definition MAIN CONSIDERATIONS 3.0 Background Information 3.1 Local authorities have a statutory duty under Section 69 of the Planning (Listed Buildings and Conservation Areas) Act 1990, to: “(from time to time) determine which parts of their area are areas of special architectural or historic interest the character or appearance of which it is desirable to preserve or enhance, and designate those areas as conservation areas”. Section 71 of the Act imposes a duty on Local Authorities from time to time to: “formulate and publish proposals for the preservation and enhancement of any parts of their area which are conservation areas.” 3.2 Local authorities have traditionally sought to comply with this requirement by conducting an appraisal of each conservation area. Recent English Heritage guidance (Understanding Place: Conservation Area Designation, Appraisal Management, 2011) highlights that appraisals analyse what is positive and negative about an area and identifies opportunities for beneficial change or the need for additional protection or restraint. The guidance points out that this type of analysis can help local authorities to develop management plans. 3.3 The Planning (Listed Buildings and Conservation Areas) Act 1990 requires local authorities to carry out reviews ‘from time to time’ but there is no indication in law how often this might mean. English Heritage guidance (2011) states that it is generally agreed to be best practice to undertake conservation area reviews every 5 years. The purpose of the review is to ascertain how the conservation area has changed and to confirm or redefine the special interest that warrants designation. Simply updating the appraisal to record new development will not provide any analysis regarding special architectural and historic interest and the impacts of new development on the character and appearance on the Conservation Area. As each of the Borough’s Conservation Area Appraisals was carried out prior to 2004 they are in need of review. 3.4 A management plan sets out the way in which development pressure and neglect will be managed to ensure conservation areas retain the qualities 2 of 7 which led to their original designation. Conservation area management plans are based on the findings of the appraisal process and recommend a series of measures to protect and enhance the significance of the conservation area. This can include a review of available grants and recommendations for buildings at risk, boundary revisions and proposals for enhancement. A consideration of the potential for serving Article 4 directions to restrict permitted development rights for works that could threaten the character of an area can be made. There are currently 47 Conservation Areas within the Borough. Each of these has an appraisal but none have a management plan. 3.5 4.0 The creation of effective Conservation Area Management Plans will fulfil the general duty placed on local authorities to formulate and publish proposals for the preservation and enhancement of conservation areas in their area (Section 71 of the 1990 Act). They are an essential tool for the analysis of the issues set out in the appraisals and for developing a strategy for the implementation of short, medium and long term management proposals. Project approach 4.1 The Prioritisation Methodology has been developed to identify those conservation areas that are at greatest risk from development and have suffered from the greatest level of change, and therefore, potentially, harm to their character and appearance. The methodology has also been designed to identify the level of inaccuracy evident in the existing conservation area appraisals through analysis of boundaries, notable buildings, important trees, spaces and character areas. Where a conservation area receives a high score it signals a more urgent need for review. 4.2 Due to the number of conservation areas and the level of resource available, a desk based assessment of the existing appraisals was undertaken as the most efficient way of assessing change/risk. The desk based assessment approach has its limitations as set out in Appendix 1. 4.3 The results of the desk based assessment have formed the basis of the proposed priority list (Appendix 2). This list demonstrates three clear groups (low, medium and high priority) with Basingstoke Town, Whitchurch and Old Basing scoring the highest number of points. The highest scoring group of nine conservation areas include the larger villages and towns that are under the greatest pressure from development as well as being of greater complexity and therefore at a higher level of risk from potential errors in the existing appraisals. These areas are therefore also most likely to benefit from a management plan. 5.0 Prioritisation methodology and list 5.1 The proposed prioritisation methodology for undertaking conservation area reviews has been developed and used as the basis for a desk top review of all 47 conservation areas. The methodology includes the following headings: Date designated – the earlier the date the higher the score as there is more potential for change; Degree of change since designation/ review – measuring the type, size and frequency of development since designation; 3 of 7 Boundaries – identification of boundary revisions required, including potential extensions and reductions; Inaccuracies – identification of errors associated with notable buildings, trees and spaces; Character areas – identification of potential character areas. 5.2 Basingstoke Town scored the highest number of points overall but specifically for the level of change since the original designation. As a result it is proposed to undertake a review of Basingstoke Town Conservation Area in conjunction with the production of a management plan first. This review will also act as a pilot review that will help to inform proposals for taking forward a programme of conservation area review for all the remaining conservation areas. This will assist in determining the resource implications and will help to set a standard method of assessment and format for the documents 6.0 Consultation and adoption methodology 6.1 The proposed methodology for consultation and adoption is set out in Appendix 3. This includes a generic flow chart that demonstrates the proposed stages of consultation, both internally, with ward members/town councils/parish councils as appropriate and with the community. A more detailed methodology has been produced for Basingstoke Town (Appendix 4) to provide a more detailed example of the stages proposed in the methodology. This should be read in conjunction with the Basingstoke Town Conservation Area Review Project Plan. 7.0 Corporate Implications 7.1 Financial Implications 7.1.1 The cost of undertaking the prioritisation methodology, priority list, consultation and adoption methodology and review of Basingstoke Town Conservation Area and production of a management plan are met by existing budgets. A further review of financial implications for completing the remainder of the programme will be undertaken once information has been gathered on the time allocated to completing the Basingstoke Town review and production of a management plan. 7.1.2 Any HR issues will be considered further following the outcome of the resourcing review referenced in paragraph 7.1.1. 7.2 Risk Issues 7.2.1 Should the council fail to make progress with a programme of conservation area review the following risks could face the council; 4 of 7 Increased likelihood of challenges at planning appeal and appeals being allowed due to inaccuracies and out of date information contained within the existing appraisals; Erosion of the existing character and appearance of conservation areas due to currently unidentified positive buildings, spaces and trees and scope for their loss or development; Erosion of character through the limited understanding of character areas and their particular management issues resulting in poorly informed development; With no management plans in place there are limited provisions to proactively preserve and enhance the character and appearance of conservation areas or put in place measures to address issues/ sites that are having a harmful impact; As time goes on the existing appraisals will become increasingly out of date and will therefore require greater costs and time to review them in the future; Failure (consequently) to meet statutory requirements to from time to time review conservation areas and to formulate and publish proposals for their preservation or enhancement; Failure (consequently) to comply with best practice which is to undertake conservation area reviews every 5 years. 7.3 HR Issues 7.3.1 None arising from this report 7.4 Equalities 7.4.1 None arising from this report. 7.5 Legal Implications 7.5.1 None arising from this report. 7.6 Any Other Implications 7.6.1 None at this stage. 8. Planning and Infrastructure Committee Comment 8.1 The Committee considered the report and made the following comments. That Parish Councils and community groups are consulted as part of this process at a very early stage. (Officer comment: See Appendix 3 and 4 for revised method to include early engagement with ward members, parish councils and local interest groups); Concern was raised by some members that, during development plans, conservation areas were not highlighted and kept up to date. (Officer 5 of 7 comment: New development within conservation areas is recorded on the Council’s GIS system. This does not provide a review of the special architectural and historic interest of the area and how it has changed over time, whether positively or negatively); Language used in the report concerning Old Basing should be more positive. (Officer comment: See Appendix 5 for revised language relating to Old Basing); Do not want to see original boundaries change during the review. (Officer comment: See Paragraph 3.3 of this report); The Committee want to gain a better understanding of unlisted heritage assets. (Officer comment: The conservation area review process will provide an opportunity to systematically identify non-designated heritage assets that are currently unknown). It is important to update the Tree Preservation Orders, new trees grow and become important and older trees die. (Officer comment: Agreed) Concern was raised regarding the current level of officer resource given to undertake the work. (Officer comment: This will be reviewed through a process of time recording for the first CAA undertaken to inform any decisions on future resource requirements, please also refer to 7.1.1 above) The Committee thanked the officers for the report. The Committee Resolved: 1. Subject to the comments made above, supports the need to review conservation area appraisals and to develop management plans as necessary; 2. Endorses the conclusion of the desk top review as set out in the prioritisation list (Appendix 2 of the report); 3. Endorses the approach to consultation and adoption (Appendix 3 of the report) for taking forward a programme of Conservation Area Review; 4. The Committee is concerned at the staffing levels in the Planning Department and, in regard to this report, the Conservation Team; 5. That it is recommended to Cabinet that, through the forthcoming budget, resources, staffing and capacity is made additionally available to the Conservation Team in order to fulfil the review and carryout the work of enforcement. (Officer comment: See Paragraph 7.1.1 of this report). 9. Communication and Consultation 9.1 The proposed consultation methodology is set out in Appendix 3 and 4 as set out in paragraph 6.1 above. 6 of 7 10. Conclusion 10.1 Cabinet are requested to approve the proposed prioritisation methodology, prioritisation list and approach to consultation for the proposed Conservation Area Review and the recommendation set out in Section 2. 7 of 7