Cabinet Member Report Date: Subject: 27 September 2013 Draft Belgravia Conservation Area Audit and Boundary Review- agreement for consultation purposes. 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 Cabinet Member approval of the draft Belgravia Conservation Area Audit and Boundary Review, for consultation purposes. RECOMMENDATION That the Cabinet Member for Built Environment resolves to agree the following documents for consultation purposes: (i) the draft Belgravia Conservation Area Audit SPD (attached at Appendix 1); (ii) its accompanying consultation statement (attached at Appendix 2); and (iii) a boundary review report (attached at Appendix 3). Cabinet Member: Date: Classification: Title of Report: Report of: Wards involved: Policy context: Financial summary: Report Author: Contact details: Cabinet Member for Built Environment 27 September 2013 For General Release Draft Belgravia Conservation Area Audit and Boundary Review- Agreement for consultation purposes Strategic Director, Built Environment Knightsbridge and Belgravia, Warwick, Churchill 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 Belgravia Conservation Area was first designated in 1968, but a detailed appraisal of the area was not undertaken at this time. There are a number of significant proposals for development near the fringes of the conservation area, in particular around the Victoria Coach station. The audit should make a positive contribution to ensuring the character and significance of the area is understood and adequately considered as proposals develop. 2 Detail 2.1 Conservation Area Audit The draft audit for Belgravia Conservation Area has been completed by officers in-house. It includes background historical information, architectural and townscape analysis, as well as identification of elements which detract from the character and management proposals. The appraisal methodology is based upon the English Heritage Guidance set out in ‘Understanding Place: Conservation Area Designation, Appraisal and Management (2011). The draft audit can be found at Appendix 1. 2.3 If agreed by the Cabinet Member, the next stage will involve public consultation on the draft, following which the document will be amended as necessary in the light of comments received. As the document is to be adopted as a Supplementary Planning Document, a consultation statement must accompany the audit at this stage. 2.4 Boundary Review In addition to the audit, a boundary review has been carried out and four areas have been identified which it is considered are of architectural and historic interest and may warrant inclusion within the conservation area. These areas are: (i) 87-107 Pimlico Road, Passmore Street and Lumley Buildings, (ii) the Cundy Street Flats off Ebury Street and Ebury Square, (iii) the eastern side of Lowndes Square, (iv) 6-33 Grosvenor Place and those buildings immediately behind this. A separate consultation report has been prepared which includes a map and full details of these extension areas. This is at Appendix 3. Following consultation, if the extensions are agreed by the cabinet member, revised boundaries and relevant information from the report will be incorporated within the audit. 3 Financial Implications 3.1 There are no financial implications arising from this report. The documents will be available online and only a small print run will be undertaken at a cost of around £100. There are also limited costs associated with the consultation process as letters requesting comments on the draft documents will be sent out by email. Expenditure involved in publicising the designation, should this be agreed, will be around £100 and can also be met from existing budgets. 4 Impact on Health and Well-being 4.1 The conservation area audits make no specific recommendations with implications for health and well-being. 5 Crime and Disorder Act 5.1 The conservation area audits make no specific recommendations with 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”. S.69(2) requires local authorities to review past decisions and to determine whether any further parts of their area should be designated as conservations areas. The National Planning Policy Framework (NPPF) 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' (NPPF paragraph 127). 6.2 The procedure for preparing Supplementary Planning Documents is set out in the Planning and Compulsory Purchase Act 2004 and the Town and Country Planning (Local Planning) (England) Regulations 2012, and Government policy on the role of supplementary planning documents are set out in the NPPF (2012). The council is required to publish the draft SPD on its website and make it available at its principal office for a period of at least four weeks. Any person may make representations during this period. 7 Consultation 7.1 Since the audit is to be adopted as a Supplementary Planning Document, some consultation has been carried out during the drafting with internal and external stakeholders. Full details are set out in the consultation statement at Appendix 2 which we are required to prepare in accordance with the Town and Country Planning (Local Planning) (England) Regulations 2012. 7.2 Once the document is formally agreed for consultation by the Cabinet Member, a comprehensive programme of public consultation will be undertaken, involving ward councillors, the Grosvenor Estate, English Heritage, national amenity societies, local residents’ groups and the general public. This consultation will last six weeks and will be undertaken as set out in the consultation statement and in accordance with the above regulations. Following this period of public consultation, the updated Audit, and details of any representations received, will be put before the Cabinet Member for Built Environment to be adopted as a Supplementary Planning Document. 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. The proposals in this report are not considered to have any implications under the Human Rights Act. 9 Conclusions and Reasons for the Proposed Decision 9.1 The attached draft conservation area audit and boundary review provides a sound basis for the future stewardship of the Belgravia Conservation Area, meeting the statutory requirements placed on the council. Any appropriate amendments will be made following the extensive consultation, which will form the next stage of the process. 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 List of background documents: None APPENDIX 1: Draft Conservation Area Audit APPENDIX 2: Consultation Statement Appendix 3: Boundary Review and Proposed Extensions 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: Councillor Robert Davis I have to declare an interest State nature of interest ……..…………………………………………… ……………………………………………………………………………….. Signed ……………………………. Date ………………………………… NAME: Councillor Robert Davis (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 Draft Belgravia Conservation Area Audit and boundary review– agreement for consultation purposes and reject any alternative options which are referred to but not recommended. 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 Head of Legal and Democratic Services, the Chief Operating 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 committee to decide whether it wishes to call the matter in.