MANSFIELD DISTRICT COUNCIL
Report of Head of Planning and Regulatory Services
To
Portfolio Holder for Economic Regeneration
On
31 January, 2013
PROPOSED DESIGNATION OF CONSERVATION AREA AT TERRACE ROAD
AND DRAFT CHARACTER APPRAISAL AND MANAGEMENT PLAN FOR THE
PROPSED CONSERVATION AREA
1.
SUMMARY
1.1
The report sets out the case for the proposed designation of a Conservation
Area at Terrace Road/Watson Avenue and Rufford Avenue as highlighted at
appendix 1 to this report. The report also seeks agreement for the publication
and distribution of a Draft Character Appraisal and Management Plan for the
area for the purpose of public consultation.
Key Decision
1.2
2.
The work does not appear in the Forward Plan, as it does not qualify as a key
decision, being located within only one ward.
RECOMMENDATIONS
To be Resolved by Portfolio Holder
(i)
That the draft Character Appraisal and Management Plan Report for a
proposed Conservation Area at Terrace Road/Watson Avenue and Rufford
Avenue be 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 and
decision by Council on the proposed designation of a Conservation Area at
Terrace Road and adoption of an accompanying Character Appraisal and
Management Plan.
3.
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 determine which parts of the District are of special architectural or
historic interest the character and appearance of which it is desirable to
preserve or enhance and to designate those areas as Conservation Areas. In
addition “the Act” places a duty upon the Local Planning Authority to review its
Conservation Areas from time to time and to determine whether any further
parts of their area should be designated as Conservation Areas.
MANSFIELD DISTRICT COUNCIL
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.
There are currently ten Conservation Areas within Mansfield District and each
(Nottingham Road apart which is due to be considered for adoption in March
2013) has an adopted Conservation Area Character Appraisal and
Management Plan that identifies the special character of the area and
highlights proposals for their enhancement in accordance with the duty in
legislation outlined above.
3.3
Terrace Road, together with Watson Avenue and Rufford Avenue, an area
located approximately 25-30 metres south of the Park Conservation Area has
been identified as an area of special architectural or historic interest meriting
study and consideration for designation as a Conservation Area. The draft
Character Appraisal and Management Plan at appendix 2 to this report
describes this special architectural and historic interest and sets out a strategy
for enhancement of the area.
3.4
Suggestions for areas to be considered for Conservation Area status have in
the past been recommended by elected Members, members of the Mansfield
Preservation Committee and Conservation Officers although all requests will
be considered equally. Support has been expressed by local residents and an
elected Member for the designation of the Terrace Road/Watson Avenue/
Rufford Avenue area as a Conservation Area.
3.5
Proposed Conservation Area Boundary
3.5.1
The proposed Conservation Area boundary is highlighted on plan at appendix
1 and justified within appendix 2 to this report. The boundary has been drawn
following English Heritage guidelines to include only those areas, buildings
and landscape features that merit inclusion.
3.6
Format of report
3.6.1 The format for the Character Appraisal at appendix 2 follows English Heritage
guidelines with an assessment of the area’s special architectural and historic
interest including its geographic context, location, landscape and topography,
historic development, layout and plan form, architecture, buildings and
materials, public realm and key views. Important buildings and trees are
identified on plan. The extent of loss, damage and intrusion occurring within
the area is also included.
3.6.2 The Management Plan identifies strategies for the preservation and
enhancement of the proposed Conservation Area including design guidance
for protecting the character of existing buildings and for the design of new
buildings. The Character Appraisal and Management Plan are put together as
one document.
3.6.3 It is recommended that the document is subject to a period of six weeks public
consultation after which the results of the consultation will be reported to
Members for their consideration of the proposed designation of a
Conservation Area at Terrace Road and adoption of the Character Appraisal
and Management Plan for the area.
MANSFIELD DISTRICT COUNCIL
4.
OPTIONS AVAILABLE
There are two options.
1. To support the recommendation to consult on the Draft proposed Terrace
Road Conservation Area Character Appraisal and Management Plan prior to
consideration of designation as a Conservation Area.
2. To reject the recommendation to consult on the Draft proposed Terrace Road
Conservation Area Character Appraisal and Management Plan.
5.
RISK ASSESSMENT OF RECOMMENDATIONS AND OPTIONS
Recommend option 1 – To support the recommendation to consult on the Draft
proposed Terrace Road Conservation Area Character Appraisal and Management Plan
prior to consideration of designation as a Conservation Area.
Risk
Risk
Assessment
Risk
Risk Management
Level
(low/
medium
/ high)
Reputation
There maybe a
negative reaction
to the proposal to
designate the
Terrace Road
Area as a
Conservation
Area and
negative reaction
to the document
from certain
parties.
Low
The purpose of consultation is to
engage comments prior to a final
decision on designation and adopting
the document, in order to mitigate
concerns where possible. Comments
on the strategies and proposals for
protecting and improving the proposed
Terrace Road Conservation Area will
be reported to Members for
consideration in drafting the final
document.
Option 2 – Do not agree to publish and consult on the draft Character Appraisal and
Management Plan or consider designation of the proposed Terrace Road Conservation
Area
Risk
Risk Assessment
Risk Level Risk Management
(low/
medium/
high)
Failure to meet
Planning
Service local
target For 2013
and statutory
duties imposed
under sections
The designation of a Medium
Conservation Area at
Terrace Road/Watson
Avenue/Rufford
Avenue and adoption
of the Character
Appraisal and
There is no way of mitigating the
scenario of failing to meet the
Planning Service local target and
statutory duties imposed under
sections 69 & 71 of the Planning
(Listed Buildings and Conservation
MANSFIELD DISTRICT COUNCIL
69 & 71 of the
Planning
(Listed
Buildings and
Conservation
Areas) Act
1990.
Management Plan
document would help
meet the Council’s
Planning Service local
target for 2013 and
meet the duty within
“the Act” to consider
further areas for
designation. The
target of
adopting/reviewing
one Conservation Area
Character Appraisal
and Management Plan
per annum is set to
ensure the Council
meets its statutory
duty to formulate and
publish proposals for
preservation and
enhancement of
Conservation Areas.
Areas) Act 1990.
Development
of lower quality
than the
Council aspires
to
There would be a risk Medium
that the Council would
not achieve as high a
quality of development
as it would wish to the
potential detriment of
the District’s built
heritage assets.
Local and National Plan policies
together would continue to ensure
development would be controlled.
However a Character Appraisal and
Management Plan will provide clear
guidance for developers to help
them focus on development that
will add greater value to the
enhancement of the area.
Failure to meet
local
expectations to
designate the
area as a
Conservation
Area
There is local and
Elected Member
support to designate
the area as a
Conservation Area.
The expectations of local residents
and Elected Member support can
not be mitigated in this scenario.
6.
High
ALIGNMENT TO COUNCIL PRIORITIES
6.1 The documents together define and set out a strategy for protecting and
enhancing the character and appearance of the proposed Terrace Road
Conservation Area in accordance with the following Corporate priorities:-
MANSFIELD DISTRICT COUNCIL
 Regeneration and Employment – Revitalising our district, town centres
and neighbourhoods, encouraging inward investment and creating a
climate for job creation and growth.
 Protecting the Environment – Delivering the Local Development
Framework for the provision of housing, commercial and retail
development which will ensure a high quality and sustainable
environment.
7.
IMPLICATIONS
(a)
Relevant Legislation
Designation of an area as a Conservation Area brings certain planning
controls under the Planning (Listed Buildings and Conservation Areas) Act
1990. These controls are set out at pages 5-9 of the draft Character Appraisal
at Appendix 2. Sections 69 and 71 of the Planning (Listed Buildings and
Conservation Areas) Act 1990 are relevant to the designation of Conservation
Areas and the publication of proposals for their enhancement.
(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 proposed Conservation Area that must take account of the
Appraisal and Management Plan.
(c)
Equality and Diversity
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.
Conservation Area Appraisals and Management Plans are easily available to
view on the Council’s Web site, may be downloaded free of charge, or hard
copies obtained upon request. 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
Sex Discrimination Act 1975 (as amended), Race Relations Act 1976 (as
amended), the Race Relations (Amendment) Act 2000 and the Disability
Discrimination Act 1995, together with other relevant Statutes, Codes of
Practice and European Directives.
(d)
Climate change and environmental sustainability
MANSFIELD DISTRICT COUNCIL
The draft Character Appraisal and Management Plan for the Terrace Road
area supports 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. These principles are embodied with the draft Character Appraisal
and Management Plan.
(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 the
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 document will be met from existing
budgets.
8.
COMMENTS OF STATUTORY OFFICERS
(a)
Head of Paid Service – No Specific Comments
(b)
Monitoring Officer – No Specific Comments
(c)
Section 151 Officer– No Specific Comments
9.
CONSULTATION
The Council’s Planning Policy section has been consulted and will make
comments during the formal consultation period.
10.
BACKGROUND PAPERS
Report Author
Designation
Telephone
E-mail
-
Mark Wilkinson
Principal Conservation and Heritage Office
01623 463700
mwilkinson@mansfield.gov.uk