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AGENDA ITEM NO. 7
REPORT TO:
Executive Board
REPORT NO.
HCWD/09/11
DATE:
10 May 2011
LEAD MEMBER:
Mark Pritchard
(Housing and Planning)
LEAD OFFICER:
Head of Community Wellbeing and
Development
CONTACT OFFICER:
Anna Irwin (Tel: 292531)
SUBJECT:
Confirmation of Article 4(2) Direction:
Grenville Terrace: Ruabon Conservation Area
WARD:
Ruabon
1.
PURPOSE OF THE REPORT
1.1
To seek approval of the proposals to confirm the Article 4(2) Direction for Grenville
Terrace, Ruabon Conservation Area.
2.
EXECUTIVE SUMMARY
2.1
The proposed Article 4(2) Direction for Grenville Terrace within the Ruabon
Conservation Area was supported by the Planning Committee on 6
December 2010 and approved by the Executive Board on 14 December
2010. The effect of the Direction is to restrict Permitted Development rights
in relation to residential properties within the Ruabon Conservation Area in
order to prevent erosion of its architectural and historic character through
unsympathetic alterations to the visible elevations of the building and
boundary structures of their curtilages.
2.2
The Direction was made on 17 December 2010 and came into effect from
that date. Following a 28 day period of consultation, one representation
was made objecting to the Direction.
3
RECOMMENDATION
3.1
That the Executive Board approves the proposals for the confirmation
of the Grenville Terrace, Ruabon Conservation Area Article 4(2)
Direction, made under the Town and Country Planning (General
Permitted Development) Order 1995, and that the Head of Community
Wellbeing and Development be authorised to carry out the statutory
procedures in respect of the confirmation.
REASON FOR RECOMMENDATION
To give additional protection to the visible elevations of residential properties
within Grenville Terrace in the Ruabon Conservation Area thus protecting its
special character by the confirmation of the Article 4(2) Direction.
Lawrence Isted
Head of Community Wellbeing and Development
4.
BACKGROUND INFORMATION
4.1
The proposed Article 4(2) Direction for Grenville Terrace within the Ruabon
Conservation Area was supported by the Planning Committee on 6 th December
2010 and approved by the Executive Board on 14th December 2010. The effect of
the Direction is to restrict Permitted Development rights in relation to residential
properties within the Conservation Area in order to prevent the erosion of its
architectural and historic character through unsympathetic alterations to the visible
elevations of the building and boundary structures of their curtilages.
4.2
The Direction was made on 17th December 2010. Notice of the Making of the
Ruabon Conservation Area was published in the local press on 17th December
2010. A similar notice was also served on all the affected properties on that same
day and the landowner notified.
4.3
In all cases the notice:




4.4
Indicated the properties and classes of development involved
Explained the effect of the Direction and that it was made under Article 4
Named a place where the Direction could be inspected
Specified a period of 28 days beginning on 17th December 2010 within which
representations could be made to the Local Planning Authority in relation to the
Direction.
The Direction came into effect from the date of service of the notice on the
owner/occupier and will lapse if not confirmed by the Council within six months.
5.
CONSULTATION
5.1
In deciding whether to confirm the Direction, the Council is required to consider any
representations made in response to the notices published. Within the specified 28day period, one representation was made objecting to the Direction. A copy of this
representation is summarised as Appendix 1.
5.2
Members will note that in accordance with the decision of the Planning Committee
of 6th December 2010 and the Executive Board of the 14th December 2010, it was
agreed that numbers 1-4 Grenville Terrace should be included within the boundary
of the Ruabon Conservation Area. The objection received on behalf of the
landowner during the 28-day period consultation for the Article 4(2) Direction largely
relates to the extension of the Conservation Area and therefore such points cannot
be considered as part of this consultation.
5.3
The relevant objections raised by the representation refer to the poor condition of
the properties and the boundary walls, the inappropriate use of materials, in
particular the replacement of windows and doors in modern uPVC and timber
alternatives and inappropriate later flat-roofed extensions to the rear of the terrace.
The Council’s suggested response is included in Appendix 1.
5.4
I consider that whilst the condition of the properties has deteriorated due to neglect
and vacancy, the properties retain sufficient historic fabric and detailing as well as
characteristic features common to the Ruabon Conservation Area which warrant
protection through an Article 4(2) Direction. Furthermore, an Article 4(2) Direction
has been in effect within the remainder of the Ruabon Conservation Area since 3 rd
September 2010 and I therefore consider that the Grenville Terrace Article 4(2)
Direction will ensure a consistent approach to the management of the Ruabon
Conservation Area as a whole.
5.5
The issue was referred to the Planning Committee on the 3rd May 2011. The
Planning Committee’s recommendations will be reported orally to the Executive
Board.
6.
SCRUTINY COMMITTEE COMMENTS
6.1
Not Applicable.
7.
IMPLICATIONS
7.1
Policy
7.1.1 Community Strategy
The proposals for the confirmation of the Grenville Terrace, Ruabon Conservation
Area Article 4(2) Direction accord in particular with the strategic priority:

Creating a place that cares for, and is proud of the environment: The
confirmation of the Grenville Terrace, Ruabon Conservation Area Article 4(2)
Direction will help increase the appreciation and care of the historic built
environment.
7.1.2 Unitary Development Plan (UDP)
The UDP states that, ‘the Council is committed to action to rectify the damage done
in the past, to prevent further deterioration, and to conserve and enhance those
landscape elements which form an important part of the local heritage and its
residents’ quality of life.”
7.2
Budget. There are no budget implications.
7.3
Legal. The preparation, consultation and appraisal of the Article 4(2) Direction
forms part of the legal process of the making of the Grenville Terrace, Ruabon
Conservation Area Article 4(2) Direction.
7.4
Staffing. There are no staffing implications.
7.5
Equalities. There are no implications.
BACKGROUND PAPERS
Plan
LOCATION
WEBSITE INFORMATION
APPENDIX 1
GRENVILLE TERRACE, RUABON CONSERVATION AREA ARTICLE 4(2) DIRECTION
CONSULTATION SUMMARY
Ref.
1
Name
Carter Jonas on behalf
of Sir Watkin WilliamsWynn
Representation Summary
1. This representation sets out a number of reasons
why Grenville Terrace should not be included within
the Ruabon Conservation Area boundary.
Council Response
1. The Ruabon Conservation Area boundary was amended to
include Grenville Terrace in December 2010 and therefore its
inclusion cannot be disputed as part of this consultation.
2. Points raised by the representation specifically
relating to Grenville Terrace and the built elements
affected by the Article 4(2) Direction are as follows:
a. Both the walls and gates are in a poor state
of repair, the gates are no longer operational
and have decayed through weathering. The
wall has undergone a number of amendments
including concrete additions, pebbledashing
and the addition of timber panel fencing and
concrete posts. None of these features are
desirable for any Conservation Area.
a. The boundary walls to the frontage of Grenville Terrace require
repair but remain largely unaltered. Sandstone boundary walls are
recognised within the adopted Ruabon Conservation Area
Character Assessment and Management Plan as character
features of the area to be retained where possible. The alterations
described relate to boundary walls further along the B5605 and not
those affecting Grenville Terrace.
b. Grenville Terrace is of no architectural merit
and this has been confirmed by Cadw who do
not consider the terrace to be worthy of listing.
Sandstone construction is merely limited to the
fascia with poorly designed brick extensions to
the rear.
b. Cadw have stated that Grenville Terrace does not possess
sufficient architectural or historic merit to warrant listed status,
however, the properties display particular characteristics in
their construction and use of materials that ensures it has local
interest and therefore merits its inclusion within the
Conservation Area.
c.
c.
The terrace has a number of different
materials on the windows and doors,
including wood and uPVC. The wood is in
a poor state of repair and the uPVC is not
in keeping with buildings included within a
Conservation Area.
Whilst the original windows and doors have been replaced
with modern alternatives, the proportions of windows and
door openings, window surrounds and sills largely remain
unaltered therefore permitting future reinstatement.
d. Grenville Terrace has multiple features that
are described as problematic in the
adopted Conservation Area Character
Assessment and Management Plan such
as the use of inappropriate materials and
alterations. It is also a neglected and
untidy site.
d. Whilst the condition of the properties has deteriorated due
to neglect and vacancy, the properties retain sufficient
historic fabric and detailing as well as characteristic
features common within the Ruabon Conservation Area to
warrant the protection of an Article 4(2) Direction.