MANSFIELD DISTRICT COUNCIL
Report of Head of Planning and Regulatory Services
To
The Portfolio Holder for Economic Regeneration
REVIEW OF THE CONSERVATION AREA CHARACTER APPRAISAL AND
MANAGEMENT PLAN FOR THE MARKET WARSOP CONSERVATION AREA
1.0
SUMMARY
1.1
The purpose of this report is to seek agreement for the publication and
distribution of the draft updated conservation area character appraisal and
management plan report for Market Warsop Conservation Area for the
purpose of public consultation.
Key Decision
1.2
2.0
The work appears in the Forward Plan and is considered to be a key decision
RECOMMENDATIONS
To be resolved by Portfolio Holder for Regeneration
(i)
That the draft updated conservation area character appraisal and
management plan report for the Market Warsop Conservation Area is subject
to public consultation for a period of six weeks.
(ii)
That a further report outlining the results of the consultation exercise be
considered by the Portfolio Holder for Regeneration prior to consideration by
Council for the adoption of the review of the Market Warsop Conservation
Area Character Appraisal and Management Plan
3.0
BACKGROUND
3.1
Section 69 of the Planning (Listed Buildings and Conservation Areas) Act
1990 (“the Act”), places a duty on the District Council as the Local Planning
Authority to decide which areas should be Conservation Areas and to review
these areas periodically. Areas designated should be those which exhibit
qualities of special architectural or historic interest, the character or
appearance of which it is desirable to preserve or enhance.
3.2
Section 71 of the Act, places a duty on the Council to formulate and publish
proposals for the protection and/or enhancement of Conservation Areas.
MANSFIELD DISTRICT COUNCIL
3.3
Market Warsop Conservation Area character appraisal and management plan
were adopted by the Council in April 2007. The reviewed and updated
document is attached at Appendix one to this report with a plan of the
conservation area boundary shown on figure 9 of the draft character
appraisal.
Format of reports
3.4
The reviewed character appraisal follows English Heritage guidelines and
entails a summary and assessment of the area’s special architectural and
historic interest. The appraisal defines the geographic context, location and
population, landscape and topography, origins, historic development and
archaeology of Market Warsop Conservation Area. It also defines the area’s
layout and plan form, architecture, buildings and materials, public realm,
amenity space, landscaping and boundary treatments, key views, local details
and important trees. The extent of loss, damage and intrusion to this
character that occurs within the area is also highlighted and the boundary of
the conservation area is reviewed with suggestions for amendments
considered.
3.5
The management plan identifies strategies for the preservation and
enhancement of Market Warsop Conservation Area including design guidance
for protecting the character of existing buildings and the design of new
buildings. The plan sets out the planning policy context within which planning
decisions are made. There is a strong emphasis on the protection of existing
historic building features such as sash and casement windows, natural roof
tiles, panelled doors, boundary walls and gate piers. The document highlights
the need to reinforce local identity by pursuing an Article 4 Direction to
remove permitted development rights under the Town and Country Planning
(General Permitted Development) (Amendment) (No.2) (England) Order 2008.
Any such direction will be considered as part of a separate exercise to support
the aims of the management plan.
3.6
The character appraisal and management plan are put together as one
document, which is attached as appendix one to this report.
3.7
In addition the research and survey work undertaken to produce this
document has led to a number of recommendations for proposed boundary
alterations to the conservation area. Proposed boundary alterations and the
reasons for these are referenced to a plan and included at appendix two to
this report.
4.0
OPTIONS AVAILABLE
There are two options.
1. To support the recommendation to consult on the draft review of the Market
Warsop Conservation Area Character Appraisal and Management Plan.
2. To reject the recommendation to consult on the draft review of the Market
Warsop Conservation Area Character Appraisal and Management Plan.
MANSFIELD DISTRICT COUNCIL
5.0
RISK ASSESSMENT OF RECOMMENDATIONS AND OPTIONS
Recommend option 1 – To support the recommendation to consult on the reviewed
draft Market Warsop Conservation Area character appraisal and management plan.
Risk
Risk
Assessment
Risk
Risk Management
Level
(low/
medium
/ high)
Reputation
There could be a
negative reaction
to the document
from certain
parties
Low
The purpose of consultation is to
engage comments prior to a final
decision on adopting the document, in
order to mitigate concerns where
possible. Comments on the strategies
and proposals for protecting and
improving Market Warsop
Conservation Area will be reported to
Members for consideration in drafting
the final document.
Option 2 – Do not agree to publish and consult
Risk
Risk Assessment
Risk Level Risk Management
(low/
medium/
high)
Failure to meet
the statutory
duties imposed
under section
71 of the
Planning
(Listed
Buildings and
Conservation
Areas) Act
1990.
The adoption of this
Medium
document would help
the target of keeping
up to date
conservation area
character appraisals
and management
plans and ensures the
Council meets its
statutory duty to
formulate and publish
proposals for the
preservation and
enhancement of
conservation areas
and to review these.
Reputation due There would be a risk Medium
to out of date that the Council’s
information
reputation would be
harmed due to reliance
There is no way of mitigating the
scenario of failing to meet the
statutory duties imposed under
section 71 of the Planning (Listed
Buildings and Conservation Areas)
Act 1990.
While Local and National Plan
policies together would continue to
ensure development would be
controlled this would not negate the
MANSFIELD DISTRICT COUNCIL
on the existing out of
date character
appraisal and
management plan.
Places and Planning
legislation change over
time and it is important
that the correct
information is
communicated to
residents.
use of out of date information by
the general public and out of date
documents in the Councils name.
6.0
ALIGNMENT TO COUNCIL PRIORITIES
6.1
The documents together define and set out a strategy for protecting and
enhancing the character and appearance of Market Warsop Conservation
Area ensuring



Regeneration and Employment – Revitalising our district, town centres
and neighbourhoods, encouraging inward investment and creating a
climate for job creation and growth.
Crime – Reducing crime and disorder.
Protecting the Environment.
7.0
IMPLICATIONS
(a)
Relevant Legislation
Preparation and review of conservation area character appraisals and
management plans helps to ensure the District Council complies with Section
71 of the Planning (Listed Buildings and Conservation Areas) Act 1990. The
Act places a requirement on the District Council to formulate and publish
proposals for the preservation and enhancement of conservation areas and to
review these to ensure they continue to meet the requirements under The Act.
Areas that are included within the conservation area will be subject to
statutory planning controls. These are summarised within the draft character
appraisal.
(b)
Human Rights
Articles 6,7,8,9,10,11,14,18 and Article 1 1st Protocol are relevant in the
processing of conservation area character appraisals and management plans
and all subsequent related planning applications and enforcement matters
within the conservation area that must take account of the character appraisal
and management plan.
(c)
Equality and Diversity
MANSFIELD DISTRICT COUNCIL
Conservation area character appraisals and their attendant management
plans are part of Planning Policy and their contents apply equally across all
sections of society irrespective of race, gender, disability, sexual orientation,
religious belief/faith and age. Extensive public consultation is undertaken in
the making and adoption of these documents.
Planning applications for development within or close to conservation areas
are assessed on their merits in accordance with planning legislation and
policy which is applied fairly and consistently and that will take account of the
above six strands where legislation requires. In assessing the proposed
impact of maintaining the current designated conservation area boundary it is
considered that there are no negative or positive impacts relating to the six
strands described above.
Adopted conservation area character appraisals and management plans are
easily available to view on the Council’s website, may be downloaded free of
charge, or hard copies obtained upon request for a small fee. In addition they
incorporate a statement in a number of different languages explaining what
they are and that they may be obtained from Mansfield District Council in
different language formats thus improving the opportunity for access to a
wider ranging and diverse community in accordance with the aims of the
Mansfield District Council Corporate Equality Plan and Comprehensive
Equality Policy.
In preparing the character appraisal and management plan account has been
taken that the documents comply with Statutory Legislation including the
Equalities Act 2010 together with other relevant Statutes, Codes of Practice
and European Directives.
(d)
Climate change and environmental sustainability
Conservation area character appraisals and management plans may be used
as background documents to support planning policies within the emerging
Local Plan. At the heart of the National Planning Policy Framework is the
presumption in favour of sustainable developments.
There are twelve core planning principles within the NPPF. These include
supporting the transition to a low carbon future in a changing climate by
encouraging the reuse of existing and renewable resources , and conserving
heritage assets in a manner appropriate to their significance, so that they can
be enjoyed for their contribution to the quality of life of this and future
generations.
In seeking to sustain and enhance the appearance of buildings within the
conservation area the character appraisal encourages homeowners to use
more sustainable materials and methods of construction. In particular the use
of Upvc is discouraged in favour of timber and this is relevant in reducing
carbon emissions, maintaining the traditional appearance of older properties
and complies with government guidance in the form of National Planning
Policy Framework. Alternative methods of heat and energy insulation are
encouraged within the policy document including secondary glazing and
MANSFIELD DISTRICT COUNCIL
window perimeter sealing systems that help improve energy efficiency. The
use of lime in building materials is strongly encouraged to help sustain
buildings over a longer period of time using traditional methods of
construction. Guidance within the appraisal encourages repairs where
appropriate rather than replacement of building features that are seen as a
last resort.
(e)
Crime and Disorder
There are no crime and disorder implications arising out of the Crime and
Disorder Act 1998 and relating to the preparation and publication of Market
Warsop Conservation Area character appraisal and management plan
(f)
Budget /Resource
The draft document will be published on the Council’s website from where it
can be downloaded free of charge.
The cost of printing and advertising of the draft document will be met from
existing budgets.
8.0
COMMENTS OF STATUTORY OFFICERS
(a)
Head of Paid Service – no comments
(b)
Monitoring Officer – no specific comments
(c)
Section 151 Officer – no specific comments
9.0
CONSULTATION
9.1
The Neighbourhood Plan Steering Group has been consulted for their views
on the proposed boundary alterations.
10.0
BACKGROUND PAPERS
Report Author
Designation
Telephone
E-mail
-
Denise Varley
Conservation and Heritage Office
01623 463806
dvarley@mansfield.gov.uk