The Principal Solicitor left the meeting before discussion on this item commenced.

The Cabinet Member for Planning introduced the report which set-out some proposed boundary changes and confirmation that following the recent review work, the four Borden Parish conservation areas should be formally re-designated under Section 69 of the Planning (Listed Buildings and Conservation Areas) Act.  The Cabinet Member for Planning reminded Members that some parties had not received original notification letters of the consultation.  These parties had been given extra time to submit their responses, and legal advice had been sought on this matter.

The Conservation and Design Manager explained that legal officers had advised that it appeared that all reasonable efforts had been made to conduct the consultation in a fair manner.  There had been no evidence that the failure of delivery of the notification letters had been due to administrative errors.  Officers had made sure that affected parties had been given the opportunity to comment on the consultation, and these comments were set-out in Appendix B of the tabled update.   The Conservation and Design Manager stated that there was a threat of a possible legal challenge, but the risk of this was considered to be low.  He advised that there was an error on page two of the tabled Appendix B document and that the reference made by the consultee to the four types of heritage asset referenced was correct.  However, that the same definition from the glossary section of the National Planning Policy Framework (NPPF) also critically stated that significance derived not only from a heritage asset’s physical presence, but also from its setting. The Conservation and Design Manager confirmed that he had responded to the definition set out for ‘Heritage Asset’ in the NPPF in setting out his response in the consultation response table, and that this was an error on his part.

The Cabinet Member for Planning explained that the process of reviewing Conservation Areas was ongoing, and that this was an important project.  He thanked the Conservation and Design Manager, other officers and the Council’s heritage consultant for their work on the project.

Resolved:

(1)      That the responses received from the public consultation exercise (summarised in the response table at Appendix iii and set-out in full at Appendix v) be noted.  Also, any response received from the 3 parties who did not receive the original notification letters and whose individual responses provided in a tabled update to this report, also be noted.

(2)      That the content of the combined conservation area character appraisal and associated management strategies for the 4 conservation areas in Borden Parish be noted.

(3)      In light of (1) and (2) above, that it be agreed that all 4 of the Borden Parish conservation areas are of special architectural or historic interest, the character or appearance of which it was desirable to preserve or enhance, and that as such, they should be re-designated as conservation areas in accordance with Section 69 of the Planning (Listed Buildings and Conservation Areas) Act, 1990.

(4) In light of (1) and (2) above, that it be agreed that the boundaries to the conservation areas be re-drawn as proposed on Map 5 (Borden (The Street) Conservation Area), Map 10 (Chestnut Street Conservation Area) and Map 15 (Harman’s Corner Conservation Area) and that the related character appraisal and management plan document for the 4 Borden Parish conservation areas be formally adopted for development management purposes.