DELEGATED POWERS REPORT NO. 1897 SUBJECT: Control sheet All of the following actions MUST be completed at each stage of the process and the signed and dated report MUST be passed to Democratic Service for publishing All reports 1. Democratic Services receive draft report Name of DSO Nick Musgrove Date 29.9.2010 2. Democratic Services cleared draft report as Name of DSO Nick Musgrove being constitutionally appropriate Date 30.9.2010 3. Finance clearance obtained (report author to Name of Fin. officer Alex Altman complete) Date 30.9.2010 4. Staff and other resources issues clearance Name of Res. officer N/A obtained (report author to complete) Date 5. Trade Union response received (Staffing Name of TU rep. N/A issues only) Date 6. Legal clearance obtained from (report author to Name of Legal officer Chileme Hayes complete) Date 30.9.2010 7. Policy & Partnerships clearance obtained Name of P&P officer Andrew Nathan (report author to complete) Date 30.9.2010 8. Equalities & Diversity clearance obtained Name of officer Andrew Nathan (report author to complete) Date 30.9.2010 9. The above process has been checked and Name Stewart Murray verified by Director, Head of Service or Deputy (report author to complete) Date 5.10.2010 10. Signed & dated report, scanned or hard copy Name of DSO Nick Musgrove received by Democratic Services for publishing Date 05.10.2010 11. Report published by Dem Services to website Name of DSO Paul Frost Date 08.1.2013 Officer reports: 12. Head of Service informed report is published Name of DSO Paul Frost and can be implemented. Date 08.1.2013 Cabinet Member reports: 13. Expiry of call-in period Date N/A 14. Report circulated for call-in purposes to COSC Name of DSO N/A members & copied to Cabinet & Head of Date Service Date ACTION TAKEN UNDER DELEGATED POWERS BY OFFICER IN CONSULTATION WITH CABINET MEMBER(S) (EXECUTIVE FUNCTION) Hampstead Garden Suburb Conservation Area: Subject Character Appraisal, Management Proposals and Design Guidance Officer taking decision Director of Planning, Housing and Regeneration Cabinet Member(s) Cabinet Member for Housing, Planning and Regeneration Date of decision 12 October 2010 Summary The Hampstead Garden Suburb Conservation Area Character Appraisal, Maps, Management Proposals and revised Design Guidance are proposed for adoption following an extensive public consultation exercise with local residents and other interested parties. Finchley and Golders Green Area Environment Sub-Committee will consider the proposed Article 4 Direction and Cabinet will consider the conservation area boundary changes. Officer Contributors Jonathan Hardy - Urban Design & Heritage Team (PHR) Status (public or exempt) Public Wards affected Garden Suburb Enclosures HGS Conservation Area Character Appraisal, Maps, Management Proposals and revised Design Guidance. Reason for exemption from call- in (if appropriate) Contact for further information: Jonathan Hardy, Urban Design and Heritage Team, Planning, Housing and Regeneration 0208 359 4655 Serial No. 1897 1. RELEVANT PREVIOUS DECISIONS 1.1 Hampstead Garden Suburb was designated as a Conservation Area in 1969. A part of the Conservation Area, The Bishops Avenue has its own Character Appraisal which was approved in 1999. That Appraisal will remain and therefore, The Bishops Avenue is not covered by this present Appraisal and Management Proposals. 1.2 Hampstead Village (Spaniards End) Conservation Area was formerly within the London Borough of Camden, but was taken into the borough of Barnet following boundary changes in the 1990’s. It is intended that this small area is integrated into the main Hampstead Garden Suburb Conservation Area, which it presently adjoins. 1.3 A Delegated Powers Report, Item 982, dated 3 February 2010 authorised a public consultation exercise with the residents of Hampstead Garden Suburb. 2. CORPORATE PRIORITIES AND POLICY CONSIDERATIONS 2.1 The designation of this Conservation Area assists the Council's Corporate Plan priorities and objectives of delivering a Successful London Suburb, a prosperous place where people want to live which is clean, green and safe. Conservation area designation accords with the Council’s 'Three Strands Approach' of Protection, Enhancement and Consolidated Growth, and in particular, Strands 1 and 2. The joint approach with the Hampstead Garden Suburb Trust and residents in partnership with the Council to produce these conservation strategies and documents is in the spirit of the Corporate Plan priority of ‘Shared Responsibility, Shared Opportunity.’ 2.2 The Unitary Development Plan (UDP) (Adopted May 2006) includes a number of conservation area policies which seek to preserve and enhance the character and appearance of conservation areas. 2.3 The Local Development Framework (LDF) will replace the UDP and provides the local policy framework for delivering sustainable development in Barnet. It is a folder of separate documents, the most important of which is the Core Strategy, which contains the objectives and policies for the Council. Policy CS1 sets out the Three Strands Approach of Protection, Enhancement and Consolidated Growth and refers specifically to the historic suburban environment of which Hampstead Garden Suburb is a vital component. The Development Management Policies DPD identifies the issues that need to be considered when deciding policies for Development Management in Barnet. 3. RISK MANAGEMENT ISSUES 3.1 The preparation of a Conservation Area Character Appraisal and Management Proposals are an important part of the process of designation and are referred to in the Borough’s Unitary Development Plan (Adopted 2006) and emerging LDF Core Strategy. Consultation with local residents and interested groups prior to adoption is considered essential to minimise risks of opposition and ensure ownership and legitimacy to the wider community. 3.2 The withdrawal of permitted development rights can lead to claims for compensation where planning permission is refused or granted subject to conditions. Claims can be made within 12 months of the decision, for abortive expenditure or other loss or damage directly attributable to the withdrawal of permitted development rights. It should be borne in mind however, that the existing Article 4 Direction has been in place since the 1970’s and 80’s, and thus the Suburb has been the subject of controls over permitted development for many years, despite which there have been no claims for compensation in the last six years where records exist. Therefore, it is considered that the level of risk of claims is relatively low. 4. EQUALITIES AND DIVERSITY ISSUES 4.1 The preservation and enhancement of the Hampstead Garden Suburb Conservation Area, as supported by the Character Appraisal, Management Proposals and Design Guidance will be of benefit to Barnet's diverse local community and the Borough’s rich and diverse heritage. The adoption of the Appraisal, Management Proposals and Design Guidance will enhance Barnet’s reputation as a desirable and pleasant place to work and live. 5. USE OF RESOURCES IMPLICATIONS (Finance, Procurement, Performance & Value for Money, Staffing, IT, Property, Sustainability) 5.1 The Council has made a financial contribution of approximately £11,500 towards the work carried out by the HGS Trust, but much of the costs of drafting and producing the documents was covered by volunteers and local residents under the supervision of the Trust and support of the Council. The adopted documents and maps will be placed on the Council website to allow easy access, and consequently the printing of hard copies will be kept to a minimum. Any printing costs will be borne by the Planning, Housing and Regeneration Directorate as part of the approved budgets and recouped where possible through external charging. 5.2 Applications for planning permission submitted in accordance with Article 4 Directions are not subject to application fees, however, it is not anticipated there will be a significant increase in the volume of applications as a result of the updated Article 4 Direction. 6. LEGAL ISSUES 6.1 The Hampstead Garden Suburb Conservation Area was designated in 1969 by the Council under the 1967 Civic Amenities Act, the forerunner of the Planning (Listed Buildings and Conservation Areas) Act 1990. There is no legal requirement to produce a Character Appraisal, though without this document the council would have a weaker case on planning appeals should it wish to resist development proposals. 6.2 Hampstead Garden Suburb Trust has separate parliamentary powers under the 1967 Leasehold Reform Act which provides for local Schemes of Management, which came into force in the Suburb in 1974 and allows the Trust to control architectural standards. 6.3 There is the provision under Section 108 of the Town and Country Planning Act, 1990 for compensation claims where applications for planning permission are refused or approved subject to conditions, as a result of an Article 4 Direction. Claims can be made within 12 months of the decision, for abortive expenditure or other loss or damage directly attributable to the withdrawal of permitted development rights. 7. CONSTITUTIONAL POWERS 7.1 The Council’s Constitution - Part 3, Responsibility for Functions; paragraph 6, Powers Delegated to Officers - authorises Chief Officers to take decisions “ in respect of operational matters within the [relevant] Chief Officer’s sphere of managerial or professional responsibility [which] is not significant in terms of budget or policy”. 7.2 The Council’s Standing Orders