Delegated Decision Notification Ref No 1
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DELEGATED DECISION NOTIFICATION REF NO 1 12198 DEPARTMENT DEVELOPMENT SUBJECT 2 GLEDHOW VALLEY CONSERVATION AREA AND GLEDHOW VALLEY CONSERVATION AREA APPRAISAL DECISION 3 COUNCIL EXECUTIVE EXECUTIVE EXECUTIVE FUNCTION DECISION DECISION DECISION X (KEY) (MAJOR) (OTHER) 4 4 NOT SUBJECT TO EXEMPT FROM EXEMPT FROM NOT SUBJECT TO CALL IN CALL IN: YES / NO CALL IN: YES / NO CALL IN Director of Development: 1. Designated Gledhow Valley Conservation Area 2. Adopted Gledhow Conservation Area Appraisal as non-statutory planning guidance. AFFECTED WARDS Chapel Allerton and Roundhay ADVICE SOUGHT Yes No Date Legal √ Finance √ Personnel √ Equal Opportunities √ Other (please specify) √ DECLARED OFFICER / MEMBER INTERESTS5 1 This reference number will be assigned by Constitution and Corporate Governance Unit and notified to you 2 A brief heading should be inserted 3 Brief details of the decision should be inserted. This note must set out the substance of the decision, options considered and the reason for deciding upon the chosen option, although care must be taken not to disclose any confidential or commercially sensitive information. Guidance on the substance of the note is available from Constitution and Corporate Governance Unit 4 For Key and Major decisions only. If exempt from Call In details to be provided in the report. The Call In period expires at 5.00 pm th on the 5 working day after publication. Scrutiny Support will notify decision makers of matters called in by no later than 12.00 noon on the 6th day. 5 No officer having a pecuniary interest in any matter should take a decision in relation to that matter. Other interests of a non- disqualifying nature should be recorded here. DISPENSATION BY STANDARDS DATE: ………………………………………………….. COMMITTEE BACKGROUND PAPERS6 Gledhow Valley Conservation Area boundary map (map 1) Gledhow Valley Conservation Area Appraisal CONFIDENTIAL YES NO X RULE NO 10.47 ( ) REPORT Yes No Date DETAILS OF Executive Member 20/11/06 CONSULTATION Ward Councillors 14/09/06, 20/11/06 UNDERTAKEN Chief Officers Affected 23/11/06 (OTHER Others (Specify) REASONS/ ORGANISATIONS CONSULTED) CONTACT PERSON CONTACT NO 78146 Phil Ward AUTHORISED DATE SIGNATORY8 20.12.06 KEY MAJOR OTHER 9 *First publication (5 day notice) Commencement for Call In Last date for Call In Implementation Date 21/12/06 * If key decision not on Forward Plan, the reason and need that the decision be taken are that: 6 A separate Index should be prepared if necessary. ALL DOCUMENTATION UPON WHICH THE DECISION WAS BASED MUST BE RETAINED AND BE READILY ACCESSIBLE SO IT CAN BE PRODUCED SHOULD THE DECISION BE CHALLENGED 7 Access to Information Procedure Rules 8 The signatory must be duly authorised by the Director to make the decision in accordance with the Department’s scheme. It is not acceptable for the signature to be ‘pp’ for an authorised signatory. For Key Decisions only, the date of the authorised signature signifies that, at the time, the Officer was content that the decision should be taken. However, should representations be received following public availability of reports the signatory will consider the effect which such representations should have upon the final decision. 9 Constitution and Corporate Governance Unit will enter these dates FROM: P WARD, CONSERVATION TEAM, SDU DATE : 12TH DECEMBER 2006 SUBJECT : GLEDHOW VALLEY CONSERVATION AREA DESIGNATION AND GLEDHOW VALLEY CONSERVATION AREA APPRAISAL 1.0 PURPOSE OF REPORT 1.1 To approve the designation of the Roundhay Conservation Area and to adopt the Gledhow Valley Conservation Area Appraisal as non-statutory planning guidance. 2.0 BACKGROUND 2.1 Gledhow Valley Conservation Area 2.1.1 Local planning authorities are under a legislative duty to review conservation area designations and to designate new conservation areas where need arises. These needs have to be prioritised given staff resources and wider Council aims. In the case of Gledhow Valley, a pressing need was identified during work on the nearby Roundhay Conservation Area which was extended in 2004. 2.1.2 The impetus for a Gledhow Valley Conservation Area came from Ward Members and local residents concerned about redevelopment of housing plots. The proposed Gledhow Valley Conservation Area is shown at map 1 and comprises the wooded Gledhow valley and mostly privately-owned housing mostly from the late 1900s. 2.2 Gledhow Valley Conservation Area Appraisal 2.2.1 Local authorities are also under a legislative duty to formulate and publish proposals for the preservation and enhancement of conservation areas (commonly known as a Conservation Area Appraisal), endorsed at the local level in UDP policy N22. 2.2.2 The structure of the Gledhow Valley Conservation Area Appraisal (attached) is in accordance with English Heritage advice. It provides a management framework for the proposed conservation area, setting out which features make the area special and including policies for enhancement through the removal of harmful features and the promotion of positive improvements. 2.2.3 A strategic decision has been made not to adopt conservation area appraisals as Supplementary Planning Documents and therefore the requirements of the emerging Statement of Community Involvement do not have to be met. However, it is considered that the extensive consultation, which began over two years ago and involved key stakeholders in the affected area, would give the document considerable weight in decision making. 3.0 CONSULTATIONS 3.1 The new conservation area boundary and the appraisal have been subject to a consultation exercise described in appendix 1. The comments have been carefully considered and the conservation area boundary and appraisal have been amended as a result. 3.2 Legal opinion has been sought on a previous conservation area designations, particularly in relation to the Human Rights Act. It was held that the extension of conservation was not an infringement of Article 1 of the first Protocol – “the peaceful enjoyment of a person’s possessions” - provided that this right was taken into account when decisions were made. 4.1 REVENUE EFFECTS 4.1 None. 5.0 OTHER SPECIFIC POLICY IMPLICATIONS 5.1 None. 6.0 RECOMMENDATIONS 1. Gledhow Valley Conservation Area is designated to a boundary shown on map 1. 2. Gledhow Valley Conservation Area Appraisal (attached) is adopted as non- statutory planning guidance. Appendix 1 LIST OF CONSULTEES Executive Member for Development: Councillor Andrew Carter Local Ward Members: Chapel Allerton Ward Councillor J Dowson Councillor S Hamilton Councillor M Rafique Roundhay Ward Councillor V Kendall Councillor M Lobley Councillor P Wadsworth The boundary of the Conservation Area and the contents of the Appraisal have been conceived and refined in association with a small group of local residents beginning in 2004. This informal working group endorse the boundary of the Conservation Area and the Appraisal as presented. All residents of the proposed conservation area were notified of the proposals by flyers and invited to the public meeting on the 12th October at Gledhow Sports and Social Club. A presentation was made to the meeting followed by a workshop involving in excess of 30 people in shaping policies for the area and defining the boundary of the conservation area. Copies of the draft Appraisal were circulated at LEDA on the 23rd November and comments were received at the following meeting on the 30th. No major issues were raised, but questions were asked about the provision of allotments (which will not be affected) and it was pointed out that the Gledhow Valley Woods are a Site of Ecological and Geological Interest and that any plans to manage the woods should be done in partnership with the Countryside and Access Team of Learning and Leisure. SUMMARY OF RESPONSES Executive Member Councillor Andrew Carter welcomed the proposed conservation area and appraisal. Local Ward Members Ward members instigated the designation of the conservation area boundary. They welcomed the new conservation area and endorsed the Appraisal. Development Department (Strategy and Policy and Planning Services) Minor technical queries raised which have been addressed. Residents Five written responses were received from residents of the area in addition to the comments which were given at the public meeting. The issues raised by residents are summarised in the table 1 over the page as are the City Council’s responses to these issues. Suffice to say, there is unanimous support for the proposed conservation area and no major objections to the appraisal. ASSESSMENT OF COMMENTS RECEIVED The main issues raised by residents can be reduced to three topics: Boundary In terms of frequency and intensity, the issue which exercised residents most was the boundary of the Conservation Area in two particular areas: north of Gledhow Lane and The Laurels. Residents argued for the inclusion of the wooded valley north of Gledhow Lane which had been excluded from the version of the conservation area which had gone out to public consultation. The boundary has subsequently been adjusted to accede to this request which doubles the area of the valley and means that the long woodland drive is now protected in its entirety. The Laurels, a 1980s cul-de-sac of houses, is a different case and has been excluded from the conservation area as it does not contribute the special character or appearance of the area. Traffic management Probably the second most contentious issue was traffic management. Residents were concerned about the narrowness of the roads and the volume of traffic using the roads. Traffic management has a bearing on the amenity of the area and also directly impacts on the fabric but is outside the scope of the Gledhow Valley Conservation Area Appraisal. Conservation Area status will be helpful in alerting the value of the valley when future traffic management is being considered. Stewardship Stewardship was also discussed at the public meeting in general terms and specifically relating to Gledhow Hall, Gipton Well, the listed bridge over Gledhow Lane and walls.