Agenda item

[Report of the Assistant Director for Planning. To be introduced by the Leader of the Council.]

This report seeks approval to publish the following documents for a six week public consultation: draft Conservation Area Appraisal and Management Plans for Bruce Castle, Tottenham Cemetery, Peabody Cottages and Tower Gardens conservation areas, and the draft Local Heritage List. The documents include proposals for minor changes to the boundaries of conservation areas, and recommendations for buildings to be added to or removed from the Council's current Local List.

The Leader introduced this report which sought approval for four draft Conservation Area Appraisal and Management Plan documents, and the draft Local Heritage List for a six week public consultation. The conservation area appraisals related to four adjoining Conservation Areas in the Bruce Grove/Lordship Lane area; Bruce Castle, Tottenham Cemetery, Tower Gardens and Peabody Cottages. Each document included a comprehensive appraisal of the Conservation Area, and set out the Council’s strategy for managing the area going forward in order to protect its special character, including design guidelines.

The Local Heritage List identified locally significant buildings and structures across the borough that were not included on the statutory list, or covered by other statutory designations. The consultation document included new selection criteria for identifying locally significant assets, guidance on the management of local heritage assets through the planning process, and a list of buildings and structures recommended for inclusion on the list with short descriptions of each. Following the consultation, the draft documents may be amended having regard to representations received. They would be referred back to Cabinet for adoption by the Council in early 2019.

The Leader further drew the Cabinet’s attention to the informal recommendations proposed by the Regulatory Committee on the 18^th October 2018 at paragraph 7.1.1.

Cllr Brabazon questioned officers on the Bruce Castle conservation plan, specifically how the conservation area related to the park as well as the Grade 1 listed building within it. Officers noted the Bruce Castle conservation area included the park and the historic Grade 1 listed building. A statutory listing designation applied to the historic Bruce Castle building which was a separate designation from the conservation area and there would be no change to this.

The Leader requested officers to provide a written response as to whether or not the Bruce Castle conservation plan had any direct impact on the Park itself.

RESOLVED

1. To note the comments of the Regulatory Committee and notes the officer response set out at paragraph 7.1.1.

2. To approve the draft Conservation Area Appraisal and Management Plan documents and draft Local Heritage List, attached at Appendices 1-5, for a six-week public consultation and authority is delegated to the Assistant Director for Planning to make any applicable amendments to these documents arising out of Cabinet meetings prior to consultation.

3. That the documents will be amended having regard to representations received at consultation, and will be referred back to Cabinet for adoption in early 2019.

Reasons for decision

The Council’s adopted Statement of Community Involvement sets out our commitment to involving residents, local communities and other interested parties in the plan-making process through consultation. There is a statutory requirement that the Council’s proposals for the preservation and enhancement of conservation areas be submitted for consideration at a public meeting (Planning (Listed Buildings and Conservation Areas) Act 1990 section 71). It is considered good practice to engage with local communities on heritage issues.

Conservation Area Appraisals

The Council has a statutory duty to ensure that conservation areas are preserved or enhanced, and publish policies for the implementation of the same (Planning (Listed Buildings and Conservation Areas) Act 1990, 71 and 72). The Council’s adopted Local Plan policies support the conservation of the significance of the Borough’s heritage assets (SP12, DM9), and require decision makers to have regard to appraisals and management plans when considering the impact of proposals on the historic environment (DM9 C).

Tottenham Cemetery, Tower Gardens and Peabody Cottages Conservation Areas do not have adopted appraisals. The current appraisal Bruce Castle Conservation Area has not been updated since 2009, and is considered out of date. The new document provides an updated survey of the area, and includes a management plan, design guidelines and a comprehensive boundary review, which are not included in the current Bruce Grove Appraisal. It is therefore important that the Council publishes these appraisals along with the management plans in order to support the Council’s local plan policies and ensure that the significance of the area is preserved and enhanced. A summary of the special interest of each conservation area is provided at paragraph 6.9 below. A summary of the content and structure of the new appraisal documents is provided at 6.10 below.

Up-to-date Appraisals will provide a sound basis for development management decisions that is defensible on appeal, and will serve as a useful guide for property owners and those bringing forward heritage projects and development proposals as to how best to preserve and enhance each area’s character. In some cases, the character of these Conservation areas has been harmed or is vulnerable to harm through inappropriate (often small-scale) development. These documents will be a valuable tool in addressing this.

The appraisals also include a comprehensive review of each conservation area’s boundary, with recommendations for small revisions in some cases. It is important that the Council publish these recommendations with a view to revising the boundaries after consultation to ensure that conservation area designations are warranted, meaningful, and in line with statutory requirements and national policy. There is a statutory duty to review conservation area designations from time to time (Planning, (Listed Buildings and Conservation Areas) Act 1990, 69) and the Council must ensure that designated conservation areas are of sufficient special architectural or historic interest, in line with the National Planning Policy Framework (paragraph 186) and Historic England guidelines. The proposed boundary changes are described in 6.11 below.

Local Heritage List

The NPPF (paragraph 184) requires that local planning authorities to set out ‘a positive strategy for the conservation and enjoyment of the historic environment’ in their Local Plan. Emphasis is placed on recognising that heritage assets are an ‘irreplaceable resource’ and should be conserved ‘in a manner appropriate to their significance’. These requirements apply to buildings identified on the Local Heritage List, which are included within the definition of heritage assets in the NPPF. Paragraph 197 of the NPPF states that such ‘non-designated’ heritage assets can merit consideration in planning matters, with the authority taking a balanced judgement having regard to the scale of any harm or loss and the significance of the heritage asset.

The Government’s Planning Practice Guidance (paragraph 39) suggests that local authorities create locally administered lists of undesignated sites that have been identified as having heritage interest meriting consideration in planning decisions. This is considered a sound, consistent and accountable way of identifying non-designated heritage assets, clarifying what it is about them that is significant, and ensuring this is given due consideration when changes affecting the historic environment are proposed. Recent guidance from Historic England supports this approach.

The process of preparing a local heritage list is also an opportunity for local authorities and communities to work in partnership, celebrate heritage that is valued by the community at the local level, and promote engagement in heritage issues. It is considered good practice for sustainable management of the historic environment.

Alternative options considered

The existing conservation area appraisal for Bruce Castle was updated in 2009, and is considered out of date. The area has undergone some changes since then, and best practice guidance for conservation area appraisals has evolved. Tottenham Cemetery, Peabody Cottages and Tower Gardens do not have adopted appraisals. Continuing to manage these areas without up-to-date documents in place is not considered advisable.

The document includes recommendations for alterations to the boundaries of the conservation area. The option of leaving the boundaries as they currently are has been considered but this course is not recommended. The National Planning Policy framework (Paragraph 186) states that “When considering the designation of conservation areas, local planning authorities should ensure that the area justifies such status because of its special architectural or historic interest, and that the concept of conservation is not devalued through the designation of areas that lack special interest”. In cases where there is no discernible special character, the designation is unhelpful.

Haringey’s existing local list is considered out of date, and not fit for purpose. It has not been revised since 1997, and many entries have not been reviewed since the list was first adopted as part of the 1976 Borough Plan. There is no published selection criteria, rationale or descriptions relating to the listings. The legislative and policy context, and the role that local listing has within the planning process have changed considerably since the listings were first compiled. Continuing to refer to this list is not considered advisable. Inclusion of clear selection criteria and listing descriptions that relate to current national and local heritage policy is considered essential if the Local Heritage List is to be an effective tool in managing change.