Decision status: Recommendations Approved
Is Key decision?: No
Is subject to call in?: Yes
Salford City Council - Record of Decision
i) Approve the Roe Green/Beesley Green conservation area appraisal.
ii) Approve the proposed amendments to the Roe Green/Beesley Green conservation area
The Reasons are: The Roe Green/Beesley Green conservation area appraisal and the proposed amended conservation area boundary now accurately reflect the area of special interest that should be afforded the additional protection associated with a conservation area.
Assessment of Risk: Low. All of the submitted representations received from both consultations in 2016 and 2018 have been considered and responded to as part of this process. The conservation area appraisal has also been produced in accordance with Historica England’s guidance “Conservation Area Appraisal, Designation and Management” 2016 and 2019.
Legal Advice obtained: (supplied by the Shared Legal Service). The risk to the Council of a legal challenge to the conservation area appraisal and the amendments to the proposed boundary should be minimal provided the city council has acted in accordance with its powers under the Planning (Listed Buildings and Conservation Areas)Act 1990. The duty to designate/re designate a boundary is a continuing duty and it is incumbent on the city council to consider all new material considerations when deciding if the reasons for including land in a conservation area historically still exist today, in addition to including new land. The decision as to where the boundary is drawn is within the discretion of the council and has been upheld by the Courts to be a broad discretion. Therefore provided the city council can show that it has fully considered all representations and objections, as well as all other material considerations and that it has acted reasonably when deciding where to draw the boundary, the risk of a legal challenge should hopefully be minimal.
Procurement Advice obtained: not applicable.
The following documents have been used to assist the decision process.
This decision is not subject to consideration by another Lead Member.
This decision was published on Thursday, 4 July 2019
Publication date: 04/07/2019
Date of decision: 04/07/2019
Decided at meeting: 04/07/2019 - Lead Member for Planning and Sustainable Development
Effective from: 12/07/2019