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: Wards involved: Policy context: Financial summary: Report Author: Contact details: 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.