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For Discussion at Reports Meeting On 6 10/174 PERTH AND KINROSS COUNCIL Enterprise and Infrastructure Committee – 31 March 2010 KINNOULL CONSERVATION AREA APPRAISAL Report by the Executive Director (Environment) This report recommends Committee approve the Kinnoull Conservation Area Appraisal and the proposed boundary changes, and progress onto formal re- designation by notifying Scottish Ministers. RECOMMENDATIONS The Committee is asked to: i) Approve the final draft Kinnoull Conservation Area Appraisal, the proposed boundary and associated management measures, and progression onto formal re-designation by notifying Scottish Ministers. BACKGROUND 1 All the outstanding proposals for Conservation Area designation and amendment emerging from the Development Plan process have now been dealt with. Conservation Areas have now been designated in Pitlochry, Blairgowrie, Blair Atholl, Grandtully & Strathtay, Aberfeldy, Crieff and Scotlandwell; the Coupar Angus Conservation Area has been extended and re-designated, and a new Perth Central Conservation Area has been designated which includes the amalgamation of the previous Conservation Areas in Perth city centre. 2 The Council has a duty under the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 “to formulate and publish, from time to time, proposals for the preservation and enhancement of any parts of their district which are Conservation Areas.” This means in effect that all existing Conservation Areas should be reviewed and re-appraised. 3 Criteria for deciding which Conservation Areas should be reviewed in the first instance were approved at the Enterprise and Infrastructure Committee on 3 June 2009. The criteria for reviewing Conservation Areas is: (i) a Placecheck has been undertaken or is imminent (ii) the local community has requested a review (iii) there is potential for physical regeneration and linkages with broader schemes (iv) development pressure is creating a need for more detailed guidance and (v) considerable time has elapsed since the original appraisal was undertaken. It was recommended and agreed that the initial 5 Conservation Areas to be reviewed in 2009/10 are Comrie, Dunning, Errol, Perth/Kinnoull and Kinross Conservation Areas. Errol has subsequently been reviewed and Kinross is the subject of a separate report. 11 2 4 A Conservation Area was first designated in Kinnoull in November 1987. Bridgend, Gannochy and Kinnoull Community Council were asked for their views on the review of the Conservation Area during 2008 and submitted a series of suggestions which were taken into account during the formulation of the draft Conservation Area Appraisal. These included areas of extension encompassing parts of Bridgend and Barnhill in recognition of their special architectural or historic character; consideration of specific trees or tree groups for inclusion or for Tree Preservation Orders; specific features of interest and areas suggested for enhancement. 5 Consultation with the public, local community groups and national bodies on the draft Kinnoull Conservation Area Appraisal was undertaken during October and November 2009, including a public exhibition in Kinnoull Parish Church from 20-22 October. A notice of the exhibition was placed on the PKC website and posters were displayed in shop windows and public notice boards in the area. A notice and information about the exhibition was published in the Perthshire Advertiser and an article also appeared in the Courier. 6 A tally was kept of visitors to the exhibition which showed approximately 50 people viewed the information over the three days the exhibition was open. The consultation period for written comments was open until 9 November. 8 written responses were received from local residents, 1 from a national body and 2 from local bodies. The majority of visitors to the exhibition and the written responses were supportive of the findings of the appraisal. A summary of the comments and responses are attached to this report at Appendix 1. 7 The responses have been considered. No significant amendments to the draft Conservation Area Appraisal or the proposed Conservation Area boundary were considered necessary as a result of the consultation, although the area around Fernhill House has been re-included as a result of comments received. The proposed boundary of the Conservation Area is attached at Appendix 2 for information and the final draft Conservation Area Appraisal is attached at Appendix 3. As required by the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997, any variation to the Conservation Area boundary must be notified to Scottish Ministers and advertised in the Edinburgh Gazette and at least one local newspaper in order to be formally designated. 8 Opportunities for enhancement identified through the conservation area appraisal process are suggested for key areas or buildings. The enhancement proposals in general represent initial ideas for potential solutions. There will be early consultation with the local community, including the Community Council and other local groups, before any firm proposals are developed further through planning briefs or design statements. 9 It is recognised that the Bridgend area in particular would greatly benefit from a coordinated enhancement scheme addressing the deterioration and vacancy of commercial and residential premises, in conjunction with public realm enhancements. Inclusion of the Bridgend area within the revised 12 3 Conservation Area boundary and identifying the enhancement opportunities through the Conservation Area Appraisal provides the basis for bidding for external funding for this scheme when circumstances permit it. 10 A draft Article 4 Direction has been prepared for Kinnoull Conservation Area to restrict permitted development rights in order to prevent the erosion of the area’s character through small scale incremental changes. This is included at Appendix 4. An Article 4 Direction requires approval from the Scottish Ministers. The Scottish Government is due to produce a new General Permitted Development Order (GPDO) by the end of 2009, although there may be some slippage in this timescale. It is not known at this stage whether or not the new GPDO will reduce permitted development rights within conservation areas. In the meantime it is thought best to proceed with seeking approval from the Ministers for an Article 4 Direction under the 1992 Order. Additional advertisement controls in the Conservation Area are also proposed in the Appraisal. Design Guidance 11 In order to strengthen the links between Conservation Area appraisal and development management, it is considered essential to provide design guidance to encourage alterations, extensions and new development in the Conservation Area to be of the highest quality and to respect the important features of local distinctiveness identified in the appraisal. Draft design guidance is in development and will be linked with broader design guidance in relation to development throughout the area being progressed through The Placemaking Guide. Specific design guidance may also be prepared for the individual opportunity for enhancement sites or schemes identified. PROPOSALS 12 Committee is asked to approve the Kinnoull Conservation Area Appraisal, the proposed boundary and proposed management measures, and progression onto formal re-designation by notifying Scottish Ministers. The Conservation Area Appraisal documents are appended to this report. CONSULTATION 13 The Head of Legal Services and the Head of Democratic Services have been consulted in the preparation of this report. RESOURCE IMPLICATIONS Capital 14 There are no immediate capital implications arising from the recommendations of the report although consideration will need to be given to raising resources in the future to implement identified environmental improvements. 13 4 Revenue 15 There are no revenue implications arising from the recommendations of the report. COUNCIL CORPORATE PLAN OBJECTIVES 2009-2012 16 The Council’s Corporate Plan 2009-2012 lays out five Objectives which provide clear strategic direction, inform decisions at a corporate and service level and shape resources allocation. This report impacts on the following: (i) A Safe, Secure and Welcoming Environment (iii) A Prosperous, Sustainable and Inclusive Economy (iv) Educated, Responsible and Informed Citizens (v) Confident, Active and Inclusive Communities EQUALITIES ASSESSMENT (EqIA) 17 An equality impact assessment needs to be carried out for functions, policies, procedures or strategies in relation to race, gender and disability and other relevant protected characteristics. This supports the Council’s legal requirement to comply with the duty to assess and consult on relevant new and existing policies. 18. The function, policy, procedure or strategy presented in this report was considered under the Corporate Equalities Impact Assessment process (EqIA) with the following outcome: i) Assessed as relevant and actions taken to reduce or remove the following negative impacts: • Some groups (visual/motor impairments, learning difficulties, English as a second language) may experience difficulty accessing information on or understanding policy/decision making in conservation area. However staff have access to translation services, alternative formats & improved guidance is planned and officer visits can be carried out • Occasionally a proposed adjustment may not be achievable because of its impact on the special character of the conservation area, as national legislation must be
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