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Executive Report AGENDA ITEM: 8 MIDDLESBROUGH COUNCIL EXECUTIVE REPORT Proposed Albert Park and Linthorpe Road Conservation Area Executive Member for Regeneration and Economic Development: Councillor Charles Rooney Executive Director for Neighbourhoods and Communities: Kevin Parkes PURPOSE OF THE REPORT 1. To gain approval to proceed with the public consultation prior to designating Albert Park and Linthorpe Road Conservation Area, recognising the significance of Albert Park and the surrounding historic buildings and areas. SUMMARY OF RECOMMENDATIONS 2. That the Executive approves the proposed Conservation Area boundary and supporting Albert Park and Linthorpe Road Draft Conservation Area Appraisal and Management Plan; and, 3. That the Executive approves the commencement of the public consultation on the designation of Albert Park and Linthorpe Road Conservation Area, and the associated Article 4 Direction. IF THIS IS A KEY DECISION WHICH KEY DECISION TEST APPLIES? 4. It is over the financial threshold (£150,000) It has a significant impact on 2 or more wards √ Non Key DECISION IMPLEMENTATION DEADLINE 5. For the purposes of the scrutiny call in procedure this report is Non-urgent √ Urgent report If urgent please give full reasons BACKGROUND AND EXTERNAL CONSULTATION 6. In recent years the Council has placed increased importance on conserving the town’s heritage, in a way not seen for decades. This has included: a. designation of the ‘Marton and The Grove Conservation Area’ in 2008; b. the introduction of an Article 4 Direction conserving the traditional features, such as windows and doors, in Linthorpe Conservation Area in 2009; c. the creation and approval of the Local List of historic sites in 2011; d. the production of up to date conservation area appraisals and management plans for all conservation areas in the town; and, e. a five-year long £750k Historic Quarter Townscape Heritage Initiative Project, funded by the Heritage Lottery Fund, breathing new life into redundant historic buildings. 7. The majority of Middlesbrough’s conservation areas were designated in the 1970s, the only recent addition being Marton and The Grove designated in 2008. Continuing this commitment to the conservation of the historic environment, an eighth Conservation Area is proposed for designation, centered on Albert Park, and including part of Linthorpe Road, approximately 1.5km south of the Town Centre. The proposed boundary for the new Conservation Area is shown in Appendix I. 8. The first conservation areas in the country were designated in 1967 for their special architectural and historic interest. They created a unique sense of place, and contained a high concentration an area’s most important historic buildings, many of which were nationally listed. Conservation areas in Middlesbrough include 19th Century suburbs, historic villages, country houses and their historic parks, and the town’s historic quarter. 9. The area around Albert Park has particular significance in the town. The Park itself was built on land donated to the town by Middlesbrough’s first Mayor and ironmaster Henry Bolckow, and has recently been restored with funding from the Heritage Lottery Fund. The area in and around the Park is an important part of Middlesbrough’s historic environment, and has a distinctive character. Some of the key attributes are: a. Albert Park itself; b. The Dorman Museum; c. The Cenotaph; d. Ayresome Gardens; and; e. Victorian shop units on Linthorpe Road. 10. In light of this character it is proposed that the Albert Park and Linthorpe Road Conservation Area should be designated, to safeguard the character and appearance of an area that includes a small part of Linthorpe Road, the setting of Albert Park, and the numerous landmark buildings in the area. The character of the area is considered at risk through inappropriate household extensions, loss of gardens, demolition of historic buildings, and unsympathetic new development. Designation would: a. acknowledge the importance of heritage assets in the area; b. provide an opportunity to control new development; and, c. ensure that the character and appearance of the area is conserved and enhanced. 2 11. Whilst not currently available, funding opportunities may become available in the future for the conservation of historic buildings in conservation areas, which would provide support to historic property owners for repairs and reinstatement of features. This would result in an overall improvement to the character and appearance of the area, and potentially increase the desirability of homes and businesses. 12. The National Planning Policy Framework states, at paragraph 127, that “When considering the designation of conservation areas, local planning authorities should ensure that an area justifies such status because of its special architectural or historic interest, and that the concept of conservation is not devalued through the designation of areas that lack special interest”. The Conservation Area Appraisal has provided an opportunity to assess the proposed designated area and evaluate and record its special interest. Albert Park is fundamental to the designation of the Conservation Area as despite its inclusion on the Register of Parks and Gardens of Special Historic Interest, this does not confer any statutory controls. Implications 13. Conservation Area designation would mean that the Council would have to ‘pay special attention to the desirability of preserving or enhancing the character or appearance of the area’, and the following controls would result: a. control over demolition of unlisted buildings; b. control over works to trees: six weeks notice is to be given to the Council if works are proposed to any trees in the Conservation Area. This gives Middlesbrough Council an opportunity to make a Tree Preservation Order. c. fewer types of advertisements which can be displayed with deemed consent; and, d. restriction on the types of development which can be carried out without the need for planning permission (permitted development rights). 14. Section 69 of the Planning (Listed Buildings and Conservation Areas) Act 1990 requires that local planning authorities designate as conservation areas any “areas of special architectural or historic interest the character or appearance of which it is desirable to preserve or enhance”. The Conservation Area Appraisal and Management Plan details the relevant national and local policies which would be applied should the new Conservation Area be designated including: a. The National Planning Policy Framework – Section 12: Conserving and Enhancing the Historic Environment; and, b. Middlesbrough Local Development Framework Core Strategy Policies CS4 (Sustainable Development) and CS5 (Design). Article 4 Direction 15. It is also recommended that the planning controls referred to in paragraph 13 be enhanced by the introduction of an Article 4 Direction, which would remove permitted development rights and better conserve the character of the area. An Article 4 Direction was introduced in Linthorpe Conservation Area in 2009 to halt the erosion of character through the loss of traditional features such as windows, doors, boundary walls, and gardens; an approach which has been supported by Planning Inspectors through the planning appeal process. Following initial concerns and queries, the Linthorpe Article 4 Direction has been well received by most residents, 3 despite the increased control it brings. It is felt that the exercise of permitted development rights would damage the historic environment over time. 16. If an Article 4 Direction were introduced for the Albert Park and Linthorpe Road Conservation Area, residents would require planning permission for alterations to elevations fronting highways and open space. Planning applications associated with an Article 4 Direction are free of charge, and like-for-like repair does not require planning permission. If, for example, new windows were sought, any replacement should replicate the original in terms of materials and design. There are many opportunities to achieve the desired energy saving alterations (such as double- glazing) whilst retaining the character of the area, which can be demonstrated in Linthorpe Conservation Area. 17. The Article 4 Direction would exclude listed buildings, for which full control over alterations already exists, and a number of modern apartment and office buildings which are not of historic interest. Permitted development rights to be removed would include alterations to windows, doors, driveways and boundaries, and the introduction, for example, of microgeneration equipment and satellite dishes on prominent elevations and roofs. 18. The introduction of an Article 4 Direction would include a six-week consultation, and representations would be considered before a decision is made to confirm. The draft Article 4 Direction is attached in Appendix III, to be progressed by Legal Services if approved. Conservation Area Character 19. The proposed Conservation Area has been divided into six zones which each demonstrate a separate character (see Appendix II). In summary, the character of the whole area is made up of: a. high quality open spaces with mature trees, including Ayresome Gardens, Albert Park and Claireville Common; b. shops and town houses traditionally associated with Linthorpe Road; c. Victorian villas on Park Road North and South, and elegant Edwardian Terraces overlooking Albert Park on Claireville Road; d. a number of high quality churches on Linthorpe Road including Park Methodist,
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