Agenda item

Report of the Chief Legal and Democratic Officer

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:

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:

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 the conservation area; that this was an on-going process and that the views of all stakeholders were taken into account during the appraisal; that many discussions were held with the golf club but that ultimately a decision had to be taken to introduce further protections to the conservation area; and that he did not consider that his decision would in any way hinder the golf club from carrying out its activities. Councillor Veidman concluded that he was pleased to hear of the golf club’s intention to preserve buildings on its site.

Derek McKenzie, Chief Planning Officer reported on the issues and the reasons for his recommendation and advice to the Cabinet Member – Planning and Building Control. Mr. McKenzie agreed with Councillor Veidman’s comments and indicated that the Council had a statutory duty to designate and review conservation areas under the Planning (Listed Buildings and Conservation Areas) Act 1990 and had a good track record of meeting this obligation in order to preserve the Borough’s heritage;

That he considered that the proposed conservation area extension met all of the criteria for making such designations, and that the Council had been consistent in its arguments for this; that he believed that the Council had followed the correct procedure for making such designations, and had gone over and above in terms of assisting the golf club by extending the consultation period to accommodate a formal objection, meeting members on site, the Council’s tree officer giving advice on trees, and agreeing to a number of textual changes in the appraisal, and making a balanced recommendation to the Cabinet member; and that the particular objections by the Golf Club had not been ignored, it was just that they were not material or relevant to the decision-making process.

No questions/comments were posed by Members of the Committee in relation to the call-in.

Councillor Veidman, Cabinet Member – Planning and Building Control then summed up his position. Councillor Veidman indicated that his decision delivered objectives to preserve and enhance the conservation area; and that he considered that there was no negative impact on the golf club undertaking its activities.

Councillor Keith, on behalf of Councillors Lloyd-Johnson and Pugh summed up the position of the call-in Members. Councillor Keith acknowledged that there was a good relationship between the Council and the golf club but that  more dialogue was needed for clarity as to how the Management Plan would work; that there was no danger to the Ireland buildings as the Council owned them and these could therefore be protected under the terms of the lease; and that there was also a covenant in place that the buildings could not be demolished.        

A Motion was moved by Councillor Corcoranand seconded by Councillor Catie Page, that the Committee is not concerned about the decision made by the Cabinet Member – Planning and Building Control.

The Democratic Services Officer officiated the vote and the Chair declared that the Motion was carried by 7 votes to 0 and it was unanimously

RESOLVED: That