(01) Great Urswick Conservation Area Designation Statement PDF 79 K
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SOUTH LAKELAND DISTRICT COUNCIL Cabinet Date of Meeting: 5 September 2007 Part I Portfolio Holder: Cllr Brenda Gray Report From: Director of Customer Services Agenda 8 Report Author: Graham Darlington - Conservation Item No: Officer Report Title: Great Urswick Conservation Area Designation Statement Summary To consider a Conservation Area Designation Statement for the village of Great Urswick, which assesses whether the settlement possesses sufficient architectural or historic merit to be worthy of conservation area designation. Recommendations That, for the reasons outlined within the attached report, Cabinet is recommended not to designate the village of Great Urswick as a conservation area. Report See attached Appendix 1 Alternative Options Not applicable Key Decision This report relates to Key Decision Ref. No. KD07/032/H&D. It appears in the Forward Plan for the period 1st August to 30th November 2007. Material Considerations Finance The report if, resolved as recommended, has no financial implications. If designation were to be approved contrary to recommendation, then additional costs would be incurred by Development Control towards the publication of newspaper advertisements in connection with applications for planning permission. Risk Management The objective assessment of the area’s architectural and historic significance that might support potential designation has been undertaken in accordance with detailed guidance prepared by English Heritage. No right of appeal is available should the council confirm not to designate the area as a conservation area, in line with the officer’s recommendation, and it is very unlikely that the council could be seen as acting perversely in the improbable situation of a home owner challenging the decision through judicial review. Staffing Not applicable Links to Corporate Plan Not Applicable Links to Other Strategic Plan(s) Community Strategy Priority Issue – A vision for Quality Environment: 1. Conserve, enhance and promote the natural, heritage and built environment. Actions Action 1. Work with the other task groups within the Strategic Partnership to take opportunities to enhance biodiversity, built heritage and the public realm in all aspects of the Community Strategy. Equalities & Diversity Not Applicable Community Safety Not Applicable Background Documents Document: Conservation Area Review Contact: Graham Darlington Strategy. 10th December 2003; Conservation Area Review Annual Monitoring Report 2006- 07. Date: 28/08/2007 Version No: Amended by: 2 Appendix 1: Conservation Area Designation Statement for Great Urswick 1.0 Introduction and Legislative Background 1.1 Guidance for the management of conservation areas is provided by central Government in ‘’Planning Policy Guidance Note 15: Planning & the Historic Environment’’, 1994 (PPG15) and in ‘’Conservation Area Practice’’ published by English Heritage in 1995. 1.2 Section 69 of the Planning (Listed Building and conservation Areas) Act 1990 imposes a duty on local planning authorities to 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'. Local planning authorities also have a duty under section 69 to review their areas from time to time to consider whether further designation of conservation areas is called for. “In some districts, areas suitable for designation may have been fully identified already; and in considering further designations authorities should bear in mind that it is important that conservation areas are seen to justify their status and that the concept is not devalued by the designation of areas lacking any special interest. Authorities should seek to establish consistent local standards for their designations and should periodically review existing conservation areas”. 1.3 There are no standard criteria for determining which areas shall or shall not be designated. However, PPG15 ‘Planning and the Historic Environment’ makes it clear that it is the quality and interest of areas rather than of individual buildings that should be the prime consideration in identifying conservation areas: There has been increasing recognition in recent years that our experience of a historic area depends on much more than just the quality of individual buildings, but also considers: “the historic layout of property boundaries and thoroughfares; on a particular 'mix' of uses; on characteristic materials; on appropriate scaling and detailing of contemporary buildings; on the quality of advertisements, shop fronts, street furniture and hard and soft surfaces; on vistas along streets and between buildings; and on the extent to which traffic intrudes and limits pedestrian use of spaces between buildings. Conservation area designation should be seen as the means of recognising the importance of all these factors and of ensuring that conservation policy addresses the quality of townscape in its broadest sense as well as the protection of individual buildings”. 1.4 It was recognised in the Conservation Area Review Strategy that other areas in South Lakeland, in addition to the ten existing conservation areas, might possess sufficient merit to be considered for designation. It was agreed that, rather than wait until after 2008, when the review of existing areas should be concluded, the Date: 28/08/2007 Version No: Amended by: 3 strategy should also allow the investigation of new conservation areas, even if that meant slippage in the timescale for completing the existing areas. The agreement for the investigation of any new areas would be approved by council subject to the following criteria being met: That any request for consideration has significant local community support; That following an initial rapid survey, the quality of the architectural/historic environment displays a recognisable potential; and The number of such requests received each year remains relatively small. 1.5 Urswick Parish Council wrote to the council’s conservation officer in August 2005 to request that consideration be given to designating the villages of Great and Little Urswick as conservation areas. This request was reported to Cabinet as part of the Conservation Area Review Annual Monitoring report in April 2006 and approval was given to undertake a formal assessment the village of Great Urswick for potential designation during 2006-07. Little Urswick was deemed unlikely to meet the selection criteria for designation at that time. Site assessment was begun in February 2007 and completed in May 2007. The conclusions of that assessment can be found in the Designation Statement that follows below in section 3.0. The conservation officer attended a meeting of Urswick parish Council on 2nd August 2007 to report his findings. The parish council were understandably disappointed with the outcome but, from the detailed information that was presented to them, accepted that the appraisal had been carried out in a thorough fashion and were pleased that the council had given the matter such serious and objective consideration. On the 8th of August 2007 the conservation officer consulted with the two ward members on this report and also with the chair of the Community Services Overview and Scrutiny Committee over whether that committee would be likely to want to scrutinise this report. The two ward members have indicated that they have considered the report and that in the absence of any representation from either the Parish Council or other interested organisations/individuals from the Urswick area they support both the conclusion and recommendation contained within the report. No response has been received from the chair of the Community Services Overview and Scrutiny Committee. 2.0 The Implications of Conservation Area Designation In deciding whether to confirm the designation of a conservation area it is important that members of the Cabinet are aware of the implications that such designation brings. The principal effects of the designation of a conservation area are as follows: i) The Local Planning Authority is under a general duty to ensure the preservation and enhancement of conservation areas and has a particular duty to prepare proposals to that end; ii) Extra publicity is given to planning applications affecting conservation areas and the Planning Authority must take into account the desirability of preserving and enhancing the character of an area when determining such applications; iii) Conservation Area Consent is required for the demolition of most unlisted buildings in the area; iv) Notice must be given to the Local Authority before works are carried out to any Date: 28/08/2007 Version No: Amended by: 4 tree in the area; v) The display of advertisements can be somewhat more restricted than elsewhere; vi) Limited financial assistance can be made available for the upkeep of buildings in the area; vii) The Local Planning Authority may be able to take steps to ensure that a building in a Conservation Area is kept in good repair; viii) The details as to the limit of those works that may be carried out without planning permission are slightly different in conservation areas. These ‘permitted development’ activities include the use of various types of wall cladding, the insertion of dormer windows; the installation of satellite dishes on walls and roofs facing a highway; the installation of radio masts or antennae; and the size of residential or industrial extensions. 2.1 In addition, as part of its proposals to conserve and enhance the area,