The SCDO introduced the Officers report and
the recommendations contained therein and summarised the
discussions arising from the last meeting. She advised that the
revised report, circulated to Members incorporated Members comments
and amendments.
Members Debate
- The Chairman acknowledged the
representation from BPC, and asked Officers why the latest version
of the draft appraisal had been amended, noting that prior
iterations of the draft document retained Land Area ‘E’
within the existing Conservation Area. The Chairman affirmed that
this land had been designated in 1979 when the Conservation Area
for Sharington was first established, and formed the part of the
village most challenged in planning terms with several applications
submitted and declined. He considered that the lands prior status
had not caused a problem for the Council in defending its position.
Further, the Chairman contended that had no challenge been raised
during the public consultation phase, this land would have likely
remained within the Conservation Area and formed part of Officers
recommendations. He stated that Sharrington was unique, being the
only village excluded from the Glaven Valley Rural Appraisal area,
and that there was an argument for greater protection in planning
terms. Further, there was an opportunity to protect land area
‘E’ as part of the landscape setting, given its
important role in maintaining gaps between existing heritage
buildings, and whilst the boundary maybe virtual, it was no less
determinable. The Chairman asked if this land could be protected
under the future Rural Glaven Valley Appraisal, which would feature
at a future meeting.
- The CDTL advised that each piece of
land needed to justify its place within a Conservation Area, and
ultimately the test was whether the land was of special
architectural or historic interest. The inclusion or exclusion of a
specific piece of land must be for the right reasons and not act as
a development management tool to prevent or support development. He
affirmed that the Conservation Area Appraisal was something which
assisted with decision making in the form of guidance rather than
serving as a policy. In response to the Chairman’s question
regarding the inclusion of area ‘E’ within the Rural
Glaven Valley Appraisal, the CDTL noted the differences between
that Appraisal and the Sharrington Conservation Area, and advised
this may be something Officers would be obliged to consider if the
land was considered to be of architectural or historic interest to
justify its place within the boundary. He commented that
determining Conservation Area Boundaries was not an exact science
and acknowledged that there may be a difference of opinion.
- The Chairman stated that he did not
agree that without a defined boundary the land could not be
designated an open land area, and questioned if an area could be
determined by the boundaries of adjoining properties.
- The CDTL expressed potential doubts
in the utilising of a virtual boundary as it implied the land was
not of special architectural or historic interest. He commented
that it would be challenging for the Council to defend at appeal,
and whilst the land may offer an important contribution to its
setting, it did not to the designation itself.
- Cllr N Pearce affirmed deferring
this item from the last meeting had been the correct approach. He
considered on balance that land ‘E’ should be
protected, and noted the representation made by BPC who he
considered were more knowledgeable about the local
area. Cllr N Pearce considered the
lands pertinent history and that there have been several
applications submitted to develop the land, reinforcing the need to
retain its designation, else it be lost. He stated as the relevant
Authority NNDC were charged to protect heritage, and whilst he
understood the need for development, it was a balancing act between
protecting heritage and making an area economically viable.
- Cllr R Kershaw commented that he was
very familiar with the area, with his own ward being placed 400m
away. He expressed his concern that, if left unprotected, the land
would be developed upon, something he considered to be a
disaster.
- Cllr P Heinrich expressed his
support for representations made, and agreed that land
‘E’ had been protected within the Conservation Area for
40 years, affirming it was there for a reason. He stated that he
would rather see the boundary moved back to protect the area,
noting that the views from the road form part of the overall scene
of the village, to lose that would be potentially damaging.
- Cllr J Toye considered going further
with reference to the area marked ‘F’ in the
Sharrington Conservation Area Appraisal, arguing that there was a
case to increase the open space should it be considered important
and worth protecting and preserving. This would then ensure that
Boundary ‘F’ and ‘E’ aligned.
- The Chairman supported the concern
of residents the removal of the Conservation Area status
considering it would have serious implications. He could not
envisage a mechanism in which the Glaven Valley Conservation Area
could expand to surround Sharrington in its designation, and in the
absence of that assurances, he could not determine justification
for supporting the recommendation. The Chairman outlined 4 possible
outcomes:
1. That the land be retained within the
Conservation Area.
2. That the recommendation be approved, and
the land be withdrawn from the Conservation Area.
3. The land be partially removed from the
Conservation Area, with the hedgerow retaining its protected
designation but not the land.
4. That the land be removed from the
Sharrington Conservation area subject to its reinstation within the
Rural Glaven Valley Appraisal.
He surmised that in the absence of a mechanism
to protect the land, he could see no other option than to modify
the Officers recommendation.
- In response, the CDTL advised that,
first and foremost, a Conservation Area was about the built
environment and the landscape provided the setting to the built
environment. All permitted development rights related to existing
buildings, and if someone wished to construct a dwelling on the
land they would still require planning permission. He affirmed that
Members decision must be informed by whether the land makes a
special contribution, arguing it was not about preventing or
presenting and obstruction to development, rather, consideration
must be as to the validity the Conservation Area itself, which had
not been formally reviewed in 40 years, and had never been properly
challenged. The CDTL advised that Conservation Officers primary
role was to preserve and enhance the environment and Officers would
not put forward a recommendation which would cause harm to a
Conservation Area. He argued that the recommendation provides a
more defensible position for the Authority.
- Cllr N Pearce thanked Officers for
their explanation, however considered Members earlier comments and
expressed his support that the area be protected within a
Conservation Area.
- Cllr J Toye stated the importance of
preserving the character of an area, as had been established by
BPC. He considered that, through the views of the Parish Council,
there was a clear justification for the gap between buildings to be
maintained to ensure the preservation of the village
character.
- Cllr V Gay thanked Conservation
Officer’s for their representation but reflected on her
experience that, when you value something, you need to ensure
maximum protection for it. She advised she had been persuaded by
Members that the land be retained within the Conservation
Area.
- The Chairman summarised Members
comments, and stressed the importance of maintaining gaps between
properties which would assist in preserving the peaceful, rural
character of the village. He concluded that land parcel
‘E’ in the Sharrington appraisal was worthy of special
consideration and proposed it be retained within Conservation
Area.
- Cllr R Kershaw seconded.
IT WAS UNANIMOUSLY RESOLVED by
12 Votes for.
That, Area E, as marked on the Boundary Review
Plan for Sharrington, be included within the Sharrington
Conservation Area.
- The Chairman suggested amendments to
the Officers recommendation, following Members debate, to enable to
Chairman to have sight of the final amendments to ensure they
reflected Members considered views. Cllr R Kershaw proposed
acceptance of the Officers recommendation with the Chairman’s
amendments, Cllr P Grove-Jones seconded.
IT WAS UNANOISLY RESOLVED by
12 votes for.
1. That Working Party grants
delegated authority to the Conservation and Design Team Leader, in
consultation with the Chairman to make the final amendments to the
text of the appraisals in line with the comments received following
the previous working party on 25 April 2022.
2. That Working Party recommend
to Cabinet to adopt the six Glaven Valley Village Appraisals for
statutory planning purposes and for the Appraisal documents to
become material considerations in the planning process.
3. That Working Party, subject
to the final amendments delegated to Conservation and Design Team
Leader, in consultation with the Chairman, recommend to Cabinet to
agree the proposed boundary changes as recommended in the draft
Appraisal documents and that they be published in accordance with
the Planning (Listed Buildings & Conservation Areas) Act
1990.
4. That Working Party recommend
to Cabinet to agree the proposed Local Listings as identified
within the draft Appraisal documents.