City of Westminster Item No. CMfCD/200209 Decision-maker Date Title of Report CABINET MEMBER FOR CITY DEVELOPMENT CLASSIFICATION: 4 November 2002 Charlotte Street West Conservation Area Boundary Review Report of FOR GENERAL RELEASE Director of Planning and Transportation Wards Involved West End Policy Context The Civic Review Initiative has a target to adopt 12 Conservation Area Audits as supplementary planning guidance by 2002/03 in order to implement the programme to prepare audits for the City’s 53 conservation areas. The review of conservation area boundaries forms part of this process Financial Summary There are no financial implications arising from this report at this stage. 1 Summary 1.1 National guidance and advice places the responsibility on the City Council to produce detailed appraisals of each of its 53 conservation areas and to consider the designation of further ones. This report takes on board comments received during the consultation process the Charlotte Street West Conservation Area. 2 Recommendations 2.1 That the Cabinet Member for City Development resolves to undertake the formal consultation process on the designation of the conservation area extension to the Charlotte Street West Conservation Area identified in this report. 3 Background Information 3.1 On 22 October 1998, Sub-Committee agreed a priority list of conservation areas to be audited as part of the City Council’s comprehensive review of its then 51 conservation areas (there are now 53). This review is a statutory duty. 3.2 Given the complexity and scale of the City’s conservation areas this process has been broken into three stages involving the production of mini-guides (General Information Leaflets), directories and audits. The audits represent the third and final stage of the preparation of appraisals of all of the Borough’s 53 conservation areas. Boundary reviews have been undertaken by consultants in conjunction with the preparation of Conservation Area Audits. Original written consultation 3.3 13 letters of consultation were issued on 6 March 2002 to local amenity groups, national bodies and ward Councillors inviting them to a public meeting on 25th March 2002. Public meeting 3.4 The meeting was chaired by Councillor Duncan Sandys and attended by a representative of the Charlotte Street West Amenity Society. The audit was presented to the meeting and possible extensions to the Conservation Area boundary discussed. 3.5 Formal analysis has been undertaken of the preliminary proposals to extend the conservation area as well as those suggested during the consultation process. 4 Extensions to Charlotte Street West Conservation Area 33-34 Rathbone Place This five storey brick built commercial building continues the ground floor frontage to the street with a traditionally proportioned shopfront and surround. The simple facade is articulated vertically by the fenestration pattern breaking up the mass to reflect the plot widths to the north; a horizontal emphasis provided by the moulded brick-course above the window arches, and cornice to the parapet. Although the facade has been painted it retains the original sashes and there has been little other alterations. 50-57 Newman Street This recently extended and renovated property retains a frontage sympathetic to the character and appearance of the properties on the opposite side of the street. However overall it is considered that the scale of the building is out of keeping with the predominant plot pattern in the main body of the conservation area and that the boundary should not be extended for its inclusion. 1-15 Newman Street This undeveloped site is a negative feature in the setting of the conservation area at present and does not merit inclusion. The Council is satisfied that the design policies in the UDP, and initiatives such as the recently published SPG Design Matters in Westminster, will ensure any proposals for this site are of a quality design appropriate to their context. The inclusion of this site in the conservation area is unwarranted as it is not of sufficient merit and does not have a close enough relationship with the main body of the designated area. 5 Financial Implications 5.1 There are no financial implications arising from this report at this stage. Expenditure costs will be met from existing revenue budgets. 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”. Planning Policy Guidance Note 15 ‘Planning and the Historic Environment’ interprets this responsibility by advising local authorities to periodically review existing conservation areas and their boundaries. 7 Consultation 7.1 A comprehensive programme of consultation was undertaken, see para. 3.4 above, and this report is in accordance with the original representations. The formal consultation will involve English Heritage, national amenity societies, local resident groups, ward Councillors and anyone who has expressed an interest as part of the Audit consultation. 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 A detailed analysis has been undertaken of the original areas put forward for designation following public consultation and it is proposed to undertake the formal consultation procedure for one of the proposed areas. 9.2 One of the areas put forward for designation in this report is considered to meet the necessary criteria and would benefit directly from conservation area status. The alternative is not to designate the proposed extension. This property would then not benefit from the application of conservation area policies and legislation leaving it vulnerable to unsympathetic proposals. IF YOU HAVE ANY QUERIES ABOUT THIS REPORT OR WISH TO INSPECT ANY OF THE BACKGROUND PAPERS, PLEASE CONTACT GARETH JONES.ON 020 7641 8019; EMAIL ADDRESS gjones@westminster.gov.uk ; FAX NUMBER 020 7641 2338 BACKGROUND PAPERS 1 Report to Planning and Development Committee, 13 July 2000. 2 Charlotte Street West Conservation Area – Adoption of Conservation Area Audit & proposed extensions. Cabinet Member Report June 2002 3 Charlotte Street West Conservation Area mini-guide 4 Charlotte Street West Conservation Area Audit adopted 31 July 2002 APPENDIX 1 Proposed Extension to Charlotte Street West Conservation Area ………………………………………………………………………………… For completion by Cabinet Member Declaration of Interest I have no interest to declare in respect of this report ………………………………. Signed ……………………………. Date I have to declare an interest State nature of interest ……..………………………………………… ……………………………………………………………………………. ………………………………….. Signed ……………………………. Date (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 and reject any alternative options which are referred to but not recommended. Signed ……………………………………………… Cabinet Member for ………………………………. Date ………………………………………………… 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 Administrative Services , the Chief Financial Officer and, if there are staffing implications, the Head of Personnel (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: The decision will now be published and copied to the Members of the relevant Overview & Scrutiny Committee.