Agree for consultation reportdorset

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Cabinet Member Report
Date:
Subject:
10 September 2012
Dorset Square Conservation Area Extension: agreement
for consultation
National guidance and advice places the responsibility on the City Council to produce
detailed appraisals of each of its 56 conservation areas and to consider the
designation of further ones. This report seeks the agreement for consultation on an
extension to the Dorset Square Conservation Area to include Madame Tussauds.
RECOMMENDATION
That the Cabinet Member for Built Environment resolves to agree the report
attached at Appendix One for consultation purposes.
Cabinet Member:
Date:
Classification:
Title of Report:
Report of:
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Cabinet Member for Built Environment
10 September 2012
For General Release
Dorset Square Conservation Area Extension:
agreement for consultation
Strategic Director, Built Environment
Bryanston and Dorset Square, Regent’s Park
Under Section 69 of the Planning (Listed Buildings and
Conservation Areas) Act 1990, Local Authorities have
a duty to review their conservation areas from time to
time and consider whether further designation or
extension of areas is called for.
No financial implications
Jane Hamilton
Jane Hamilton
Telephone 020 7641 8019/ 8705
Fax 020 7641 3554
jhamilton@westminster.gov.uk
1
Background Information
1.1
The City Council is undertaking an ongoing and comprehensive review of its 56
conservation areas. This review is a statutory duty and involves consideration of
conservation area boundaries and preparation of a detailed conservation area
appraisal for each area.
1.2
Dorset Square Conservation Area was designated in 1968 and extended in1978,
1990 and 2008. A conservation area audit for Dorset Square was undertaken in
May 2008. At this time a number of buildings on the Marylebone Road were
proposed for inclusion as a result of the public consultation exercise. The
Madame Tussauds buildings on the Marylebone Road were not considered at
the time of designation, but are of architectural and historic interest and merit
consideration for inclusion within the conservation area.
2
Detail
2.1
Officers have now undertaken further review of the area and prepared a
background report (attached at Appendix 1) assessing the architectural and
historic interest of the Madame Tussauds Site and its relationship to the Dorset
Square Conservation Area.
2.2
Officers consider the site to be of both architectural and historic interest. Its scale
and architectural character relate to the other buildings on Marylebone Road
already within the conservation area and the planetarium forms a local landmark.
The whole site also has significant historic and cultural interest. It is therefore
recommended that public consultation be undertaken on a proposal to include
this site within Dorset Square Conservation Area, prior to formal consideration of
whether the area should be designated. Full details are in the report at Appendix
One.
3
Financial Implications
3.1
There are no financial implications arising from this report. The consultation
document will be available online and consultation undertaken electronically.
Should it be agreed, expenditure costs involved in publicising the designation will
be around £100 and can also be met from existing budgets.
4
Impact on Health and Well-being
4.1
There are no implications for health and well-being.
5
Crime and Disorder Act
5.1
There no implications related to the Crime and Disorder Act.
6
Legal Implications
6.1
Under Section 69(1)(a) of the Planning (Listed Buildings and Conservation Areas
Act) 1990 every local authority “shall from time to time determine which parts of
their area are areas of special architectural or historic interest the character and
appearance of which it is desirable to preserve or enhance”.
6.2
The National Planning Policy Framework advises local authorities that 'When
considering the designation of conservation areas, local planning authorities
should ensure that an area justifies such status and that the concept of
conservation areas is not devalued through the designation of areas that lack
special interest'.
7
Consultation
7.2
If formally agreed for consultation purposes, a period of consultation will be
undertaken with stakeholders including ward councillors, the site owners, English
Heritage, national amenity societies and local residents’ groups.
8
Human Rights Act 1998
8.1
The Human Rights Act came into force in England on 2 October 2000. It gives
teeth to the European Convention on Human Rights (ECHR), which was ratified
by the UK in 1951 and has been in force since 1953. The Act confers the direct
protection of English law in relation to Convention rights. For the purposes of the
role of a local planning authority the relevant provisions are: Article 2 - right to
life, Article 6 – right to a fair hearing, Article 8 - right to respect for private and
family life, Article 14 – prohibition of discrimination and Article 1 of the First
Protocol - protection of property.
9
Conclusion
9.1
An initial review suggests that the site has significant architectural and historic
interest and would be appropriate for inclusion within the Dorset Square
Conservation Area. It is therefore considered appropriate to undertake further
consultation on this proposal, the results of which will be reported to the Cabinet
member for a final decision on whether to designate.
IF YOU HAVE ANY QUERIES ABOUT THIS REPORT OR WISH TO INSPECT ANY
OF THE BACKGROUND PAPERS, PLEASE CONTACT JANE HAMILTON ON 020
7641 8019; E-MAIL: jhamilton@westminster.gov.uk FAX: 020 7641 3050
APPENDIX 1: Boundary Review Consultation Report
For completion by Cabinet Member for the Built Environment
Declaration of Interest

I have no interest to declare in respect of this report
Signed ……………………………. Date ………………………………
NAME: Cllr Robert Davis, Cabinet Member for the Built Environment

I have to declare an interest
State nature of interest ……..……………………………………………
………………………………………………………………………………..
Signed ……………………………. Date …………………………………
NAME: Cllr Robert Davis, Cabinet Member for the Built Environment
(N.B: If you have an interest you should seek advice as to whether it is appropriate to
make a decision in relation to this matter.)
For the reasons set out above, I agree the recommendation(s) in the report entitled
Dorset Square conservation Area Extension– agreement for consultation
purposes.
Signed ………………………………………………
Cabinet Member for the Built Environment
Date …………………………………………………
If you have any additional comment which you would want actioned in connection with
your decision you should discuss this with the report author and then set out your
comment below before the report and this pro-forma is returned to the Secretariat for
processing.
Additional comment: …………………………………………………………………
………………………………………………………………………………………….
………………………………………………………………………………………….
NOTE: If you do not wish to approve the recommendations, or wish to make an
alternative decision, it is important that you consult the report author, the Director of
Legal and Democratic Services, the Chief Financial Officer and, if there are staffing
implications, the Director of Human Resources (or their representatives) so that (1) you
can be made aware of any further relevant considerations that you should take into
account before making the decision and (2) your reasons for the decision can be
properly identified and recorded, as required by law.
Note to Cabinet Member: Your decision will now be published and copied to the
Members of the relevant Policy & Scrutiny Committee. If the decision falls within
the criteria for call-in, it will not be implemented until five working days have
elapsed from publication to allow the Policy and Scrutiny Committee to decide
whether it wishes to call the matter in.
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