Issue - decisions

Russell Tame – Accordia Resident

 

Russell Tame addressed the Committee and made the following points:

·       The residents af Accordia would welcome the limited use of Article 4 for the following reasons –

·       Accordia fully meets the requirements of as it is exceptional and permitted development rights would be detrimental to the Scheme.

·       The site is self-contained.

·       The initial work has already been done and the principle of protection is welcomed.

·       The additional guidance would help resident to comply.

·     The residents of Accordia request that you act now before the integrity of the design is lost.

 

Matter for Decision:  

 

The Council has the option to use Article 4 Directions - a tool available to Local Planning Authorities in responding to the particular needs of their area. An Article 4 Direction withdraws certain Permitted Development rights and the effect is to require a planning application for development that would not otherwise need one. This report assessed the potential use of Article 4 Directions as it applies to public houses; to conservation areas; to Accordia; and more generally, to Buildings of Local Interest.

 

Decision of Executive Councillor for Planning and Climate Change:

The Executive Councillor resolved:

 

       i.          That the scheme of delegation is amended to enable the Head of Planning (in consultation with the executive Councillor for Planning & Climate Change, ESC chair and spokes) to make Article 4 Directions  in respect of public houses and BLI’s(Local Heritage Assets) where evidence suggests significant harm is possible through the exercise of permitted development rights.

 

     ii.          That the City Council Conservation team’s Pro-active Conservation programme include a phased programme (one per year starting post 2013/14) of introducing focussed Article 4 Directions for Conservation Areas where adopted appraisals have evidenced harm to these area's character or appearance or where specific requests are brought to the attention of the Executive Councillor for Planning & Climate Change.

 

   iii.          That officers draft an Article 4 Direction for the Accordia estate and an accompanying consultation process for the consideration of a future Environmental Scrutiny Committee.

 

Reason for the Decision:

As set out in the Officer’s report.

 

Any Alternative Options Considered and Rejected:

Not applicable.

 

Scrutiny Considerations:

The Committee received a briefing report from the Principal Conservation and Design Officer regarding Article 4 Directions and Consideration of their Use in Cambridge.

 

The Committee made the following comments in response to the report.

       i.          Concerns were raised about the wording of the recommendations. Recommendation a) did not include change of use, recommendation b) was vague and laced detail and recommendation c) was questioned regarding how well it met the criteria.

     ii.          Concerns were raised about the level of consultation of Accordia residents, the degree of support across all tenure types and future ability of the site to evolve and develop.

   iii.          Article 4 was a wide ranging legal tool and concerns were expressed that the current recommendations were not specific enough.

 

The Head of Planning Services agreed that this was new territory and that the purpose at this stage was to get a steer from members in order to take the project forward.

 

Members discussed the protection offered to Public houses and where this sat in the legal framework. Outside a conservation area Public Houses were vulnerable. Councillor Ward stated that, while a change of use did not negate the protection of a Public House little could be done once a building had been demolished.

 

The Chair invited the representatives from Accordia Housing to comment. Ian Cray stated that he could provide evidence that residents across the tenure types were supportive of the approach suggested. Residents would welcome a move to the next stage of the consultation process.

 

The Committee resolved to amend recommendation 2.1 b) of the Officer’s report to read as follows (additional wording in bold and underlined:

 

That a report be brought to the Committee as part of the City Council Conservation team’s Pro-active Conservation programme, a phased programme (one per year starting post 2013/14) of focussed Article 4 Directions for Conservation Areas be introduced where adopted appraisals have evidenced harm to these area's character or appearance or where specific requests are brought to the attention of the Executive Councillor for Planning & Climate Change.

 

The Committee resolved unanimously to endorse the following recommendations:

 

       i.          That the scheme of delegation is amended to enable the Head of Planning (in consultation with the executive Councillor for Planning & Climate Change, ESC chair and spokes) to make Article 4 Directions  in respect of public houses and BLI’s(Local Heritage Assets) where evidence suggests significant harm is possible through the exercise of permitted development rights.

 

   iv.          That officers draft an Article 4 Direction for the Accordia estate and an accompanying consultation process for the consideration of a future Environmental Scrutiny Committee.

 

The Committee resolved 4 votes to 0 to endorse the following amended recommendation:

 

·       That a report be brought to the Committee as part of the City Council Conservation team’s Pro-active Conservation programme, a phased programme (one per year starting post 2013/14) of focussed Article 4 Directions for Conservation Areas be introduced where adopted appraisals have evidenced harm to these area's character or appearance or where specific requests are brought to the attention of the Executive Councillor for Planning & Climate Change.

 

The Executive Councillor approved the recommendation.

 

Conflicts of interest declared by the Executive Councillor (and any dispensations granted)

Not applicable.