"Buildings of Local Interest" in Oxford

Dear Ian

Thank you for your email below, regarding a Freedom of Information
request.

Your request was received on 03 February 2010 and you will receive a
response within 20 working days, as required under the Freedom of
Information Act.

Yours sincerely

Sent on behalf of Michael Newman (Corporate Secretariat Manager &
Freedom of Information Officer)
Charleane Eastaff
PA to Peter Sloman (Chief Executive) & Freedom of Information Officer
Oxford City Council, Town Hall, St Aldates, Oxford, OX1 1BX
Tel: 01865 252400
Fax: 01865 252256

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Dear Ian

Further to my acknowledgement below, I have discussed your Freedom of
Information request with officers in Planning and I would comment as
follows:

Paragraph 5.4.1 of the Local Plan states that there are buildings that
although they may not meet the criteria to be included in the statutory
list of buildings of architectural or historic interest, they will
possess local interest that is valued by the local community.

It continues stating that the Council will compile, review and make
available to the public a "local list". Policy HE6 is intended to give
effect to this list in the consideration of development proposals.

At present, the Council does not have an approved list. Through the
Heritage Protection Review Bill and the draft PPS15, the Government has
advised councils that English Heritage will be producing guidance on the
preparation of local lists. Any list compiled that does not accord with
this guidance (when it is produced) would carry less weight in planning
decisions.

Currently, planning permission is not needed for the demolition of
buildings outside a conservation area. The existence of a local list
will not change this.

Within conservation areas, total or substantial demolition is controlled
by the conservation area consent process. In this respect there is a
presumption against demolition if a building makes a contribution to the
character or appearance of the conservation area. The existence of a
local list can assist in assessing the heritage significance of a
building, but it is not essential because English Heritage provides
guidance on how to assess the contribution a building makes on a case
by case basis. As has been shown in a number of recent Planning
Inquiries in Oxford, the existence of a conservation area appraisal is a
material consideration and can inform analysis of the contribution a
building makes.

A building that is statutorily listed will not also be included on any
"local list". (There is a need to beware of the use of the term "local
list" as one of the government's proposals is to unify the statutory
protection registers and have two lists - a "National list" and "local
list" - as part of a register of all heritage assets. If this is
brought into effect, the local list will then include Grade II listed
buildings, historic parks and gardens and historic battlefields as well
as buildings of local interest). That said, works of demolition of or
alteration, or extension to a listed building that will affect the
special interest of a listed building in any manner will require listed
building consent. The criteria for assessing the impact of any proposal
on a listed building are set out in PPG 15 'Planning and the Historic
Environment, but simply, there is a presumption against works that would
harm the special interest of listed building.

For planning applications that involve the demolition of existing
buildings outside conservation areas, the relevant policy considerations
are included with the Local Plan and National Policy Guidance and
Statements. Local Plan Policies CP1, CP8, CP9 have relevance in
assessing the impact of a proposal on the character and appearance of
the area.

In one instance, the Council served an Article 4 Direction to control
the demolition of an existing building, that was proposed as part of the
redevelopment of the site. The Government Office for the South East
advised that it would not support such a notice (An Article 4 Direction
in such instances requires Secretary of State approval) and the notice
therefore lapsed. Consequently, planning permission was granted for the
redevelopment of the site.

It would be a difficult and time consuming task to establish how many
applications that have been refused where Policy HE6 is a reason for
refusal. Advice to case officers has been that HE6 is not robust
without an agreed local list.

I hope that the above information has covered all of the points
contained in your request. However, if I can be of further assistance,
please let me know.

Yours sincerely

Sent on behalf of Michael Newman (Corporate Secretariat Manager &
Freedom of Information Officer)

Oxford City Council, Town Hall, St Aldates, Oxford, OX1 1BX
Tel: 01865 252400
Fax: 01865 252256

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Dear Mr Salisbury

Thank you for your email below. I am looking into the matter and will
respond to you in due course.

Many thanks

Sent on behalf of Michael Newman (Corporate Secretariat Manager &
Freedom of Information Officer)

Oxford City Council, Town Hall, St Aldates, Oxford, OX1 1BX
Tel: 01865 252400
Fax: 01865 252256

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Dear Mr Salisbury

Further to my acknowledgement below, I am now able to respond as
follows:

1. Currently the Council has no agreed criteria for determining if a
building subject of an application fulfils the requirement of being a
building of "local interest" for the purposes of Policy HE.6. For
policy HE.6 to have weight a building would have to be included within
an approved list of buildings of local interest. Since no approved list
exists the requirements of Policy HE.6 have little weight.

On occasion. specialist officers are required to make a judgement if a
building has architectural or historic interest that would warrant it
being described as a building of local interest. Within a conservation
area the assessment criteria provided by English Heritage and in PPG15
is generally used, i.e. to determine the contribution a building makes.
It is sufficient to conclude that a building makes a positive
contribution and it is not necessary to debate if it is a building of
"local interest". Outside a conservation area, criteria used will be
based on the assessment criteria for listing buildings. English
Heritage is currently devising an assessment methodology for assessing
historic buildings that do not qualify for listing but that may possess
local interest.

If a building is listed then it is already identified as possessing
local and/or national interest.

2. There is a list of buildings. It is draft and incomplete and has
not been the subject of any consultation and the buildings have not been
individually assessed since 1974. The list exists as the result of
those buildings included in the 1974 draft list of buildings of special
architectural or historic interest that never made it on to the final,
Secretary of State approved, list. Over the last 30 years or so,
buildings that officers, members of the public and local groups have
considered deserved recognition for their local interest have been added
to the list.

The Council has recently transferred the handwritten lists to the
Council's database and it should be possible for you to search addresses
via the Council's web site to determine if a building is included in the
list. The list is not complete and at present there are no resources to
do anything more with it. In a recent appeal, a planning inspector has
already described the "list" as having little weight.

Officers are exploring funding opportunities with English Heritage to
see if there is scope to run a pilot study in Oxford to test
methodologies and assessment criteria.

3. Please find attached the current list.

4. Whilst officer's delegated and committee reports may refer to Policy
HE.6 and a reason for refusal may even refer to Policy HE.6 this policy
has not been relied on in any planning appeal. In part this is because
those cases that have gone to appeal have been within conservation areas
and the Council can rely on Policy HE.7 and the conservation area
consent regime. Outside conservation areas in those cases where the
Council had expressed a view that existing building should be retained
and the owner has resisted, the buildings have been demolished (because
neither planning permission nor conservation area consent is needed from
the local planning authority).

The Council does not have records readily available of applications
determined under the Planning Act where there has been reference to
Policy HE6. To provide such information would require each individual
planning file to be checked. To examine each file is likely to mean that
the appropriate time limit as defined by s12 of the Freedom of
Information Act (which equates to about 18.5 hours per request) would be
exceeded.

If you disagree with any part of this response, you are entitled to ask
the Council for an internal review of the decision made. You may do this
by writing to the Monitoring Officer, Oxford City Council, Town Hall,
Blue Boar Street, Oxford, OX1 4EY. After the result of the internal
review, if you remain dissatisfied, you may ask the Information
Commissioner to intervene on your behalf. You may do this by writing to
the Information Commissioner's Office, Wycliffe Lane, Wilmslow,
Cheshire, SK9 5AF.

Yours sincerely

Sent on behalf of Michael Newman (Corporate Secretariat Manager &
Freedom of Information Officer)

Oxford City Council, Town Hall, St Aldates, Oxford, OX1 1BX
Tel: 01865 252400
Fax: 01865 252256

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I am on leave until Monday, 22nd March 2010.

In my absence, please refer any matters that cannot wait for my return to
Emma Mace ([email address]), Nicci Barlow ([email address]) or
Charleane Eastaff ([email address]).

Items for the CORPORATE MANAGEMENT TEAM and FOI ISSUES should be referred
to Charleane.

COMPLAINTS and OMBUDSMAN MATTERS should be referred to Emma.

This email and any files transmitted with it are confidential and intended
solely
for the use of the individual or entity to whom they are addressed. All
communications
sent to or from Oxford City Council may be subject to recording and/or
monitoring in
accordance with relevant legislation. If you have received this email in
error please
notify the author by return email.

I am on leave this afternoon.

In my absence, please refer any matters that cannot wait for my return to
Nicci Barlow ([email address]) or Charleane Eastaff
([email address]).

This email and any files transmitted with it are confidential and intended
solely
for the use of the individual or entity to whom they are addressed. All
communications
sent to or from Oxford City Council may be subject to recording and/or
monitoring in
accordance with relevant legislation. If you have received this email in
error please
notify the author by return email.

Dear Mr Salisbury

I do not appear to have the email that you sent me on 16th March 2010.
Therefore, I should be grateful if you would resend it.

Yours sincerely

Michael Newman
Corporate Secretariat Manager

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I am on leave this afternoon.

In my absence, please refer any matters that cannot wait for my return to
Nicci Barlow ([email address]) or Charleane Eastaff
([email address]).

This email and any files transmitted with it are confidential and intended
solely
for the use of the individual or entity to whom they are addressed. All
communications
sent to or from Oxford City Council may be subject to recording and/or
monitoring in
accordance with relevant legislation. If you have received this email in
error please
notify the author by return email.

I am on leave until Monday, 19th April 2010.

In my absence, please refer any matters that cannot wait for my return to
Emma Mace ([email address]), Nicci Barlow ([email address]) or
Charleane Eastaff ([email address]).

Complaints should be referred to Emma while FOI requests and items fior
CMT should be sent to Charleane.

This email and any files transmitted with it are confidential and intended
solely
for the use of the individual or entity to whom they are addressed. All
communications
sent to or from Oxford City Council may be subject to recording and/or
monitoring in
accordance with relevant legislation. If you have received this email in
error please
notify the author by return email.

Dear Mr Salisbury

Thank you for your email below. I am not familiar with the website you
mention and was unable to locate your request, perhaps you could send me
the specific link?

As far as I am aware, a second response was sent to you on 15 March 2010
and since then we have heard no more from you. I have attached a copy of
this response, for your information. If you do require further
information, I would be grateful if you could let me know what it is.

Many thanks

Sent on behalf of Michael Newman (Corporate Secretariat Manager &
Freedom of Information Officer)

Oxford City Council, Town Hall, St Aldates, Oxford, OX1 1BX
Tel: 01865 252400
Fax: 01865 252256

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Dear Mr Salisbury

I refer to your emails of 9th and 15th April 2010. The information
contained in the list of properties that you were sent on 15th March
2010 is the same that existed on 3rd February 2010.

Yours sincerely

Sent on behalf of Michael Newman (Corporate Secretariat Manager &
Freedom of Information Officer)

Oxford City Council, Town Hall, St Aldates, Oxford, OX1 1BX
Tel: 01865 252400
Fax: 01865 252256

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Dear Mr Salisbury

I refer to your email below and your email of 8th May 2010.

The information that you sought is held in a computer database, rather
than on paper records or a spreadsheet. To provide you with the details
you requested, a report needed to be generated. This was duly done on
9th March 2010. However, as I previously informed you, the list of
properties that you were sent is the same that would have existed had
the report been produced on 3rd February 2010. No properties were added
or removed during the intervening period.

I hope that matters have now been addressed to your satisfaction.
However, if you remain dissatisfied, I suggest that you ask the
Council's Monitoring Officer, to conduct an internal review. He can be
contacted as follows:

Jeremy Thomas, Oxford City Council, Town Hall, St Aldates, Oxford, OX1
1BX
[email address]

Yours sincerely

Sent on behalf of Michael Newman (Corporate Secretariat Manager &
Freedom of Information Officer)

Oxford City Council, Town Hall, St Aldates, Oxford, OX1 1BX
Tel: 01865 252400
Fax: 01865 252256

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