Agenda item

(Safer, Greener and Transport Portfolio Holder) To consider the attached report (C-003-2014/15).

(1)        That the adoption and publication of the Character Appraisal and Management Plan for the Baldwins Hill Conservation Area in Loughton be approved;

(2)        That the proposed extension to the Baldwins Hill Conservation Area boundary be approved; and

(3)        That, to restrict the permitted development rights as set out in Appendix 2 of the report, the making of an Article 4 Direction pursuant to Article 4(1) and Article 6 of the General Permitted Development Order covering the Baldwins Hill Conservation Area be authorised.

The Portfolio Holder for Safer, Greener and Transport presented a report on the Baldwins Hill Conservation Area Character Appraisal and Article 4 Direction.

The Portfolio Holder reminded the Cabinet that, by law, local planning authorities were required to determine areas of special architectural or historic interest and designate them as conservation areas. The Local Planning Authority should also publish proposals for the preservation and enhancement of these areas. The proposals should take the form of conservation area management plans, and it was considered best practice to accompany these management plans with character appraisals which charted the history of an area, the reasons for its designation, and the key elements of its special interest. Character appraisals often preceded management plans as they provided the knowledge and understanding required to inform the creation of a successful and meaningful management plan.

The Portfolio Holder stated that the Baldwins Hill Conservation Area Character Appraisal and Management Plan had been prepared following due process and was now ready to be adopted and published for use by the general public (particularly residents), the Council’s Development Management Team and any other interested parties. Once adopted, the documents would become a material consideration in the planning process and would inform the decisions made relating to proposed developments within the conservation area.

The Portfolio Holder also sought approval to extend the conservation area boundary and for the implementation of an Article 4 Direction to cover the conservation area. An Article 4 Direction restricted specified classes of permitted development rights (i.e. the rights homeowners had to carry out some development works without planning permission) and was an extremely useful tool in managing change in conservation areas.

A local Member for Loughton St John’s welcomed the report and was pleased to see the Potato Ground allotments had been included within the Conservation Area. Loughton Town Council supported the recommendations within the report and all Members were urged to be proud of the District’s conservation areas. The Portfolio Holder was asked if there were any risks to making an Article 4 Direction, to which the response was the potential for claims for compensation, but these were very rare and the permitted circumstances were listed in the report.

Decision:

(1)        That the adoption and publication of the Character Appraisal and Management Plan for the Baldwins Hill Conservation Area in Loughton be approved;

(2)        That the proposed extension to the Baldwins Hill Conservation Area boundary be approved; and

(3)        That, to restrict the permitted development rights as set out in Appendix 2 of the report, the making of an Article 4 Direction pursuant to Article 4(1) and Article 6 of the General Permitted Development Order covering the Baldwins Hill Conservation Area be authorised.

Reasons for Decision:

To comply with the provisions of Sections 69 and 71 of the Planning (Listed Buildings and Conservation Areas) Act 1990.

To permit the development of such designated areas to be managed more effectively and allow the Council to preserve and enhance the special interest of the area.

Other Options Considered and Rejected:

To not publish the character appraisal and management plan for the Baldwins Hill area. However, the Council would not be fulfilling one of its statutory duties under the Planning (Listed Buildings and Conservation Areas) Act 1990, as well as making planning decisions within this area more difficult to defend at appeal.