Issue - meetings

Adoption of Hesketh Road Conservation Area Appraisal and Management Plan (with boundary change)

 

 

Meeting: 19/02/2024 - Overview and Scrutiny Committee (Regeneration and Skills) (Item 41)

41 Adoption of Hesketh Road Conservation Area Appraisal and Management Plan (with boundary change) pdf icon PDF 240 KB

Report of the Chief Legal and Democratic Officer

Additional documents:

Minutes:

The Committee considered (a) the report of the Chief Legal and Democratic Officer, which set out the decision of the Cabinet Member – Planning and Building Control in relation to the Adoption of Hesketh Road Conservation Area Appraisal and Management Plan (with boundary change)and the reasons why the decision had been called-in; and (b) the report of the Chief Planning Officer which was considered by the Cabinet Member – Planning and Building Control in relation to this matter.

 

The decision taken by the Cabinet Member – Planning and Building Control on 22 December 2023 in relation to this matter was as follows:

 

Decision Made:

 

(1)

the adoption of the Hesketh Road Conservation Area Appraisal and Management Plan as a background planning document where there contents will be a material consideration in the determination of planning applications, be approved; and

 

(2)

the proposed amendments to Hesketh Road Conservation Area shown on the plan appended as Annex 2, under the provisions of Section 69 of the Planning (Listed Buildings and Conservation Areas) Act 1990, be approved.

 

Reason for Decision:

 

That Cabinet Member approves the documents to fulfil the Councils statutory duties under the Planning (Listed Buildings and Conservation Areas) Act 1990.

 

Alternative Options Considered:

 

The alternative options are:

 

-That no Conservation Area Appraisal nor Management Plan are carried out which would not be in the best interests of preserving and enhancing Hesketh Road Conservation Area.

 

-That the proposed boundary extension is not approved which means that the current boundary will be retained as it is.

 

The decision was subsequently called-in by Councillors Lloyd-Johnson, Keith and Pugh.

 

Paul Fraser, Senior Democratic Services Officer reported on the validity of the call-in and highlighted that the call-in requisition:

 

·       had been received within the specified call-in period;

·       had been signed by three Members of the Council who were not Members of the Cabinet, in accordance with the provisions in Chapter 6, Paragraph 38(a) of the Council’s Constitution; and

·       referred to a specific decision made by the Cabinet Member – Planning and Building Control and provided reasons for call in, in accordance with Chapter 6, paragraph 40 of the Constitution.

 

Councillor Keith, on behalf of Councillors Lloyd-Johnson and Pughaddressed the Committee and outlined and amplified the reasons for the call-in as follows:

 

(1)

Bearing in mind the significant legal complications and consequences of this decision we seek to gain better understanding of the decision and its implications.

 

(2)

We wish to question the manifestly weak and unsubstantiated reasoning. We therefore wish to question the soundness of the decision based on facts taken or not taken into account.

 

(3)

We believe an unnecessary outcome has been arrived at without adequate scrutiny and therefore conflicts with existing frameworks and policies and prompting us to question whether the decision conforms with agreed policies.

 

Councillor Veidman, Cabinet Member – Planning and Building Control explained the decision and the reasons why it was taken by him. Councillor Veidman indicated that the Council had a statutory duty to preserve and enhance  ...  view the full minutes text for item 41