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CONSERVATION AREA MANAGEMENT PLAN Manningtree & Mistley Conservation Area Tendring District Council Manningtree Town Council Mistley Parish Council July 2010

CONSERVATION AREA MANAGEMENT PLAN - Tendring District · sight of the special historic qualities of a place. 1.10 Local authorities are expected to publish appraisals of their conservation

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Page 1: CONSERVATION AREA MANAGEMENT PLAN - Tendring District · sight of the special historic qualities of a place. 1.10 Local authorities are expected to publish appraisals of their conservation

CONSERVATION AREA MANAGEMENT PLAN

Manningtree & Mistley Conservation Area

Tendring District Council

Manningtree Town Council

Mistley Parish Council July 2010

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Tendring District Council, Manningtree Town Council, Mistley Parish Council Conservation Area Management Plan – Manningtree and Mistley Conservation Area

The Conservation Studio – July 2010

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CONTENTS: 1. Introduction

2. Community involvement 3. Implications of conservation area designation 4. The special architectural and historic interest 5. Conservation area policy 6. The challenges faced in the conservation area – Issues and

recommendations 7. Delivering action APPENDICES: 1. The Action Plan 2. References 3. Report of public consultation This management plan has been prepared on behalf of Tendring District Council, Manningtree Town Council and Mistley Parish Council by:

The Conservation Studio 1 Querns Lane

Cirencester Gloucestershire

GL7 1RL

01285 642428

[email protected] www.theconservationstudio.co.uk

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1.0 INTRODUCTION

Background to the Conservation Area Management Plan 1.1 The duty to designate conservation areas was first introduced in the

Civic Amenities Act 1967. The decision by Essex County Council to designate the Manningtree and Mistley Conservation Area in 1969 was, therefore, a rapid response to the new provision that immediately gave recognition to the significance of the area. In the district of Tendring, only Harwich had been designated earlier and then only by four months.

1.2 While there are planning measures relating specifically to conservation

areas (see Section 3 below), their effectiveness depends upon the way in which the designated areas are managed. This is not simply a matter of controls being exercised by the District Council, there are incentives too, and significant contributions to be made by local businesses, residents and community groups. The purpose of a management plan, therefore, is to show how each can play a part in making the Manningtree and Mistley Conservation Area a better place to live in, to work in and to visit.

1.3 The first step is to identify the special architectural and historic interest

that justified designation. Tendring District Council has done this in the series of character appraisals that were commissioned for all its conservation areas in 2001. These were updated and adopted as planning documents in 2006.

1.4 Having defined what is important about its conservation areas, the

Council now needs to consider how they will be looked after. For this, it has embarked on a series of management plans that will eventually cover all the conservation areas in the District. The purpose of this management plan, therefore, is to ensure that future decision-making is coordinated with the common objective of enhancing the qualities of the two settlements.

Conservation areas and their importance

1.5 It is more than 40 years since conservation areas were first introduced and the same legislation has since been consolidated into subsequent Planning Acts. The current powers are to be found in the Planning (Listed Buildings and Conservation Areas) Act of 1990. There are now 20 conservation areas in the Tendring district and some 9,500 across England and Wales.

1.6 Local authorities have a duty to designate as a conservation area any

area of 'special architectural or historic interest' whose character or

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appearance is worth preserving or enhancing. This 'specialness' is judged against local criteria commonly laid down in the development plan. Conservation area designation is the primary means by which local authorities can safeguard, for future generations, areas of valued distinctive places that help to define the individual cultural identity of communities.

1.7 Conservation areas vary greatly in their nature and character. They

range from the centres of most of our historic towns and villages, through industrial areas, model housing estates, and country houses set in their historic parks, to historic transport links and their environs, such as stretches of canal. They also, of course, include many coastal settlements that variously combine the roles of port, resort and the focus for a rural hinterland.

1.8 The special character of these areas does not come from the quality of

their buildings alone. The historic layout of roads, paths and boundaries; characteristic building and paving materials; a particular 'mix' of building uses; public and private spaces, such as gardens, parks and greens; trees and street furniture; significant views - all these and more make up the familiar and cherished local scene. Conservation areas give broader protection than the listing of individual buildings: all the features, listed or otherwise, within the area, are recognised as part of its character.

South Street, Manningtree

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The need for proactive management 1.9 Government policy1 has made it clear that, while it is right to provide

protection for heritage assets, such as conservation areas, they must be managed intelligently. Change is an inevitable facet of modern life and the challenge is to manage change in a manner that does not lose sight of the special historic qualities of a place.

1.10 Local authorities are expected to publish appraisals of their

conservation areas, in order to identify their special interest, and then to prepare management plans to address the issues that arise from that analysis. Indeed, keeping appraisals and management proposals up to date has been a Key Performance Indicator in the Best Value assessment of local authorities and is generally seen as best practice.

1.11 Proactive management of conservation areas gives clarity and

robustness to decision making, which means that issues may be more defensible when tested in, for instance, planning appeals.

2.0 COMMUNITY INVOLVEMENT 2.1 In 2005/06, when the District Council updated the conservation area

appraisals that had been prepared in 2001, a consultation exercise was carried out. This involved Town and Parish Councils and certain local amenity bodies. Subsequently, the documents were amended in the light of comments received before being adopted for planning purposes and published in March 2006.

2.2 The Management Plan process follows on from the appraisal. This

was explained at a meeting of the Mistley Thorn Residents’ Association on 24 April 2009 at which a number of local organisations were represented.

2.3 It was also made clear that the management plan addresses the whole

conservation area and is separate from the supplementary planning document being developed for the Mistley Waterfront and Village Urban Regeneration Area even though they inevitably overlap.

2.4 On 15 June 2009, a public workshop was held at the Methodist Church

Hall in South Street, Manningtree. This was an open meeting advertised in the local press, although people known to have an interest were also specifically invited. The workshop divided into groups to discuss what they considered to be significant about the conservation area and the management issues arising.

1 Department of Culture, Media and Sport – The Government’s Statement on the Historic Environment for England – 2010

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2.5 Groups and individuals were also encouraged to provide any further responses over a subsequent consultation period. These responses and the workshop discussions have been used as a basis for developing the analysis and proposals in this plan.

2.6 A formal consultation on the draft Conservation Area Management

Plan was launched on 19 January 2010 with an exhibition at Manningtree Library. When the library closed, due to roof repairs, the exhibition moved to the Methodist Church Hall in South Street where staff were available to discuss the issues on 5 February.

2.7 The draft Management Plan was also made available on the District

Council’s website and responses were encouraged with a questionnaire.

2.8 Feedback from the consultation is recorded in the Report of

Consultation at Appendix 3, which also explains how comments have been taken into account in the final document.

The Methodist Church, Manningtree

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3.0 IMPLICATIONS OF CONSERVATION AREA DESIGNATION

Legal consequences 3.1 Designation as a conservation area brings a number of specific

statutory provisions aimed at assisting the preservation and enhancement of the area. These are as follows:

The local authority is under a general duty to review designations

‘from time to time’ and to ensure the preservation and enhancement of the conservation area. There is a particular duty to prepare proposals for the enhancement of conservation areas. Character assessments and management plans form a significant part of that duty

When using any powers under the Planning Acts in a conservation area, special attention must be paid to the desirability of preserving or enhancing its character or appearance

Extra publicity must be given to planning applications affecting conservation areas. This is usually achieved through advertisement in the local newspaper

Conservation Area Consent is required for the demolition of any unlisted building in a conservation area (with certain minor exceptions2) and the local authority, or the Secretary of State, may take enforcement action or institute a criminal prosecution if consent is not obtained

Written notice must be given to the Council before works are carried out to any trees in the area above a minimum size (See 3.12 below). This allows the Council to consider whether a Tree Preservation Order (TPO) should be made. Where trees are subject to a TPO, specific consent is required for any works of lopping, topping or felling

The display of advertisements may be more restricted than elsewhere

The Council, or the Secretary of State, may be able to take steps to ensure that buildings in a conservation area are kept in good repair through the use of Urgent Works Notices and Amenity Notices

Powers exist for local authorities, English Heritage or the Heritage Lottery Fund to provide financial grant schemes to assist with the upkeep of buildings in conservation areas, although these are usually targeted to areas of particular economic deprivation

2 If the volume of the building is less than 115 cubic metres, Conservation Area Consent is not required. However, if it is in the grounds of a listed building, Listed Building Consent may well be required.

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The requirements for planning permission in a conservation area 3.2 Certain works to family houses within a conservation area, which are

normally considered to be “permitted development”, will now require planning approval from the Council. The overall effect of these additional controls is that the amount of building works which can be carried out to a family house, or within its grounds, without a planning application is substantially smaller in a conservation area than elsewhere. That does not necessarily mean, however, that planning permission will be withheld.

3.3 In addition to normal restrictions, the further constraints are:

Planning permission is needed for side extensions to dwellinghouses in conservation areas

Planning permission is needed for rear extensions if they are more than one storey and extend beyond the rear wall of the original dwelling

Planning permission is needed for external cladding to dwellinghouses in conservation areas, using stone, artificial stone, pebble dash, render, timber, plastic or tiles

Planning permission is needed for any alteration to the roof for the enlargement of a dwellinghouse in a conservation area, most notably the addition of dormer windows

Planning permission is needed for the erection of any structure within the curtilage of a dwellinghouse in a conservation area where it is located between the side elevation and the site boundary. This is especially important for sheds, garages, and other outbuildings in gardens within conservation areas

Planning permission is needed for the installation of a chimney, flue or soil and vent pipe on a wall or roof slope which fronts the highway and forms the main or side elevation of the dwellinghouse

3.4 It should be noted that houses in multiple occupation, flats and

properties in commercial use have far fewer permitted development rights and therefore planning permission is already required for most alterations to these buildings.

3.5 Where a building is statutorily listed, different legislation applies. All

internal and external alterations which affect the special architectural or historic interest of the building require Listed Building Consent.

Satellite dishes 3.6 The rules governing satellite dishes in conservation areas are similar to

those applying outside such areas with one major exception: An antenna must not be installed on a chimney, wall, or a roof slope which faces onto, and can be seen from, a road.

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3.7 Useful guidance on planning controls affecting the installation of antennas is published by the Department of Communities and Local Government.3 This confirms that the installation of a satellite antenna on any building or structure not more than 15m high is only permitted development if the following conditions are met:

There will be no more than two antennas on the property overall A single antenna must not be more than 100 cm in any linear

dimension If two, the second must not be more than 60 cm The cubic capacity of each antenna must be no more than 35 litres An antenna fitted onto a chimney stack must not be more than 60

cm and must not stick out above the chimney An antenna mounted on the roof can only stick out above the roof

when there is a chimney stack. In this case, the antenna must not stick out more than 60 cm above the highest part of the roof or above the highest part of the chimney stack, whichever is lower

…and in a conservation area: An antenna must not be installed on a chimney, wall, or a roof

slope which faces onto a road.

3.8 If any of these does not apply, a specific planning application will be required, and permission will not be granted except in very special circumstances.

High Street, Mistley – Listed buildings require consent for most alterations

3 Communities and Local government – A Householder’s Planning Guide for the installation of antennas, including satellite dishes – Revised edition 2008

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Telecommunications masts 3.9 The law governing the erection of masts and antennas is complex and

whilst some companies have licences which allow some structures to be put up in conservation areas without planning permission, the legislation does allow for consultation with the local authority concerned before the work is put in hand. Further information can be found in the second edition of PPG8 Telecommunications.4

Microgeneration

3.10 With rising concerns about climate change and energy efficiency, there is an increasing demand for facilities to generate energy for individual buildings, for instance through wind turbines, solar and photovoltaic panels, and heat pumps. The government wishes to encourage sustainable energy generation and has indicated that devices should be permitted development provided they cause no nuisance to others. This includes any adverse affects on the character of conservation areas where proposers are advised to consult their local planning department.

3.11 English Heritage is publishing a series of documents to provide

guidance on climate change and the historic environment.5 See also the reference to their climate change website at Appendix 2.

Trees 3.12 Within conservation areas, anyone intending to lop, top or fell a tree

greater than 75mm diameter at 1.5 metres above the ground must give the Council six weeks written notice before starting the work. This provides the Council with the opportunity to assess whether the tree makes a positive contribution to the character or appearance of the conservation area.

3.13 If it does, a Tree Preservation Order (TPO) may be served. Trees that

are subject to TPOs are protected from felling or the lopping of branches unless the Council has granted specific consent. Fruit trees are not exempt unless they form part of a commercially managed orchard.

3.14 To carry out works to trees without the appropriate consent is a

criminal offence. An offender may be required to replace trees as well as being prosecuted.

4 Department of Communities and Local Government – Planning Policy Guidance Note 8 (PPG8) – Telecommunications – 2001 5 For instance: English Heritage – Micro wind generation and traditional buildings – 2008 and – Energy conservation and historic buildings – 2008

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Expectations of local authorities 3.15 The designation and review of conservation areas are legal

requirements. In support of these statutory duties, local authorities are expected to commit adequate resources, by ensuring they have access to the necessary skills, and that they adopt appropriate policies. They should also ensure that communities are sufficiently informed about the implications of designation so that they too can play their part.

3.16 Although the administration of conservation areas is largely a planning

function, there are many other actions that can impact on character and appearance, for instance the maintenance of public buildings and spaces. It is important, therefore, that conservation aims are coordinated across all local authority departments.

3.17 Standards designed for modern environments should not be applied

unthinkingly to areas and buildings that have stood the test of time. Local authorities are, therefore, expected to be sensitive to the special architectural and historic interest of conservation areas and listed buildings in exercising, for instance, building control, fire regulations and highways standards.

3.18 The efficient delivery of a conservation service requires regular

monitoring of change and an awareness of the driving forces that cause changes to happen. Local authorities are expected to undertake periodic reviews of the effectiveness with which their service addresses pressures for change.

3.19 The publication of conservation area appraisals and management

plans, and the public consultation that goes with them, plays an important part in the discharge of the District Council’s obligations.

Expectations of owners and residents

3.20 For owners and occupiers of property in conservation areas there are additional responsibilities due to increased planning controls and particular requirements for materials and detailing when works to buildings are proposed. These are often outweighed by the benefits that come from a special character that is maintained and enhanced by development controls.

3.21 It is important that those who live and work in a conservation area

recognise this balance by taking account of the wider character when they bring forward proposals for change. Well designed proposals will benefit the conservation area as well as the applicant.

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3.22 Some degree of change is inevitable in conservation areas and the issue is often not so much whether change should happen, but how it is undertaken. Owners and residents can minimise the effects of change by employing skilled advice when preparing development proposals and by avoiding unrealistic aspirations.

Expectations for community involvement

3.23 It is important that communities are well-informed about the qualities of their conservation areas and of the opportunities for enhancing them. While the local authority is a useful source of advice, there is a significant role for local stakeholders, such as the town and parish councils or amenity societies, to explain what matters, what is possible, what is expected and what has been achieved elsewhere.

3.24 Town and parish councils, residents’ associations and amenity

societies can provide a vital interface between communities and the local authority. They can focus local knowledge and local responses to policy initiatives and development proposals.

3.25 In Mistley, for instance, the Mistley Thorne Residents’ Association has

taken responsibility for the Mistley Towers under a management agreement with English Heritage. In Manningtree, the town council has begun an audit of street signage.

The Mistley Towers – Designed by Robert Adam in 1735 for a church that was demolished in the 1860s

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4.0 THE SPECIAL ARCHITECTURAL AND HISTORIC INTEREST The Manningtree and Mistley Conservation Area 4.1 A conservation area covering the two settlements of Manningtree and

Mistley was first designated on 2 October 1969. The boundary has been revised on four occasions in 1981, 1983, 1989 and 1994. A review of the conservation area was undertaken in 2001 and this was used as the basis for the conservation area appraisal.

4.2 A consultation exercise involving the Town and Parish Councils took

place in 2005/06 and the results were taken into account when the conservation area appraisal was formally adopted by Tendring District Council in March 2006. The appraisal is now a material consideration in the assessment of planning proposals.

4.3 The appraisal included proposals for a radical overhaul of the

conservation area by separating the two settlements each with a smaller designation for its historic core. There would then be further designations for the Park area of Manningtree, the Mistley maltings and the artisan housing to the south east of Mistley. This would have had the effect of excluding a large area of mixed development on the south west side of Manningtree and the open parkland between Manningtree and Mistley.

4.4 While this was an understandable response to the special architectural

interest of Manningtree and Mistley, it was not thought to have given adequate weight to the historical interest that unites the two. The parish history is particularly intertwined. The influence of the Rigby family and their successors on the development of maritime interests, fine houses and distinctive parkland is a significant factor that is evident across the two settlements. The mutual development of a significant maltings industry has left the imprint of a characteristic building form in both places.

4.5 In the circumstances, no further action was taken on the suggestions

made in the appraisal. Nonetheless, a further review of the boundary has been undertaken as part of this management plan and options for change form part of the discussion in paragraphs 6.5-6.7 below.

Summary of special architectural and historic interest

4.6 The conservation area appraisal charts the historical development of Mistley Thorn first, then the planned grid of Manningtree laid out in the 13th century, and the subsequent layers of history particularly in the 18th and 19th centuries. The appraisal summarises the special interest as follows:

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‘The centre of Manningtree is a mediaeval planned town, reputedly the smallest in the country, with its character deriving from a wealth of older buildings lining its historic streets. Other parts of the town relate to its expansion inland, with vernacular and classical houses, artisan dwellings and more modern infilling.

Mistley combines its planned 18th century quarter with artisan

houses, either side of the remains of the giant maltings and their quayside, and a further area of workers’ houses to the south east.

Both towns have an important relationship with their setting,

particularly the Stour estuary which has been a significant element in their history and development. The Area is completed by the designation of the attractive if degraded landscape associated with the long-vanished Mistley Hall. It is a valuable leisure resource and the setting for organised sport in attractive surroundings.’

Manningtree on the edge of the estuary with the trees of the Mistley Hall

landscape and the spire of St Mary’s and St Michael’s Church beyond

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Summary of the character and appearance of the area 4.7 History has given shape to Manningtree and Mistley – buildings,

planform and spaces. The resulting character is complicated and the appraisal defines this in a series of seven character areas.

4.8 In Manningtree, the continuous frontages and narrow streets of the

commercial core contrast with the less formal layout of the outer areas where densities are lower and space more apparent. This organic feel is even more apparent at the fringes, for instance where The Park gives way to actual parkland.

4.9 In Mistley, the sophistication of Georgian planning contrasts strongly

with the much larger scale of the late 19th century maltings and again with the very tight grain of housing in the California Road area.

4.10 The two settlements are linked by the surviving grounds and designed

landscape of the former Mistley Hall. These include the greens along The Walls, areas of woodland, and the parkland with a sequence of attractive walks punctuated by the Hall’s former coach house.

4.11 Throughout the area there are constant reminders of the maritime

influence in views across the Stour estuary and of the rural setting. The cupola of the Manningtree Methodist Church, the Mistley Towers, the spire of St Mary and St Michael’s Church and the chimney of the Edme Maltings are prominent landmarks.

4.12 The Townscape Appraisal Maps record the conservation area

boundary, listed buildings and those buildings which, although not listed, make a positive contribution to the character and significance of the conservation area. There is a presumption in favour of the conservation of these ‘positive’ elements.6

4.13 The map also records significant trees, views and open spaces. These

are necessarily generalised and the merits of any individual site should be carefully reviewed in its context whenever changes are proposed. Also noted are areas that would benefit from enhancement. These are discussed in Section 6 below.

4.14 The principal views identified on the main map are:

1 & 2. Panoramic views from The Walls across the Stour estuary 3. Looking south from Green Lane towards the 19th century Mistley

Hall and the Acorn Village Community 4. Looking south west from Green Lane across open countryside

6 PPS5 – Policy HE9

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5. Looking north east from the lay-by on Clacton Road across the reservoir

Parkland landscape from Clacton Road

4.15 The principal views identified on the Manningtree map are:

1. From the flood defences by the Co-op car park to the Manningtree waterfront

2. Looking east along High Street towards the sculpture of the Manningtree Ox

3. Looking west on High Street along the former market place 4. Looking up to Brantham House 5. Looking south up South Street 6. Looking north down South Street 7-9. Panoramic views from The Walls across the Stour estuary

4.16 The principal views identified on the Mistley map are: 1. From New Road to the Mistley Towers

2. From High Street to the Mistley Towers 3. From the Mistley Thorn Hotel across Thorn Quay to the Baltic

Wharf 4&5. Panoramic views from the quayside across the Stour estuary 6. From the port entrance across the Stour estuary 7&8. Looking west and east along High Street past the maltings 9. Looking across Mistley Geen 10. From High Street south of the railway across the Stour estuary

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5.0 CONSERVATION AREA POLICY

National policy and guidance 5.1 The Government’s commitment to the historic environment generally is

provided in a published statement.7 This includes the vision: ‘That the value of the historic environment is recognised by all who have the power to shape it; that Government gives it proper recognition and that it is managed intelligently and in a way that fully realises its contribution to the economic, social and cultural life of the nation’

5.2 This is followed by a series of strategic aims that include:

▫ Ensuring an effective level of protection for heritage assets ▫ Encouraging structures, skills and systems at the local level to

promote early consideration of the historic environment in order to manage change intelligently

▫ Promoting opportunities to place communities at the centre of the designation and management of their local historic environment

5.3 The Government’s policy on conservation areas is contained in PPS

5.8 This treats all aspects of the historic environment – buildings, areas, monuments. parks and gardens – as ‘heritage assets’ and provides policies for managing development based on the significance of the asset.

5.4 PPS5 also expects local authorities to have publicly documented

evidence about the historic environment in their area. In respect of historic areas, this means the appraisal and management of conservation areas. The expectations are further developed in English Heritage guidance.9

5.5 The policies of PPS5 are given further interpretation in a companion

guide prepared by English Heritage on behalf of central government.10

The local development plan 5.6 The current Local Plan was adopted in December 2007 to cover the

period up to 2011. It provides a comprehensive range of policies for the historic environment including a commitment to maintain the character and appearance of conservation areas. The local plan contains the policies and proposals by which Tendring District Council

7 DCMS – The Government’s Statement on the Historic Environment for England – 2010 8 PPS5 – Planning Policy Statement 5: Planning for the historic environment – 2010 9 English Heritage – Guidance on Conservation Area appraisals – 2005 English Heritage – Guidance on Management Proposals for Conservation Areas – 2005 10 English Heritage (with CLG and DCMS) – PPS5 Planning for the Historic Environment: Historic Environment Planning Practice Guide – 2010

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will implement the Tendring Community Strategy and realise the planned vision for the district up to the year 2016.

5.7 At Chapter 12, the Local Plan addresses planning issues specific to

Manningtree and Mistley, as well as the adjacent Lawford. These include: ▫ The location of appropriate new development ▫ Strengthening the economy and promoting regeneration ▫ Community and recreational facilities ▫ Safeguarding the character of the conservation area ▫ Countryside and nature conservation ▫ Sustainable traffic management

5.8 It is noted in Chapter 12 that Manningtree is identified by Essex County

Council as a town of special archaeological importance where, subject to policy EN30, mitigation measures must be taken before any development may take place.

5.9 Policy QL6 identifies the Mistley Waterfront and Village as an Urban

Regeneration Area where development will be encouraged if it strengthens the function, character and appearance of the area and contributes towards regeneration and renewal.

5.10 In Chapter 12, Policy LMM1 sets out in more detail the expectations for

new development in the Urban Regeneration Area to: i. Provide for the promotion of a balanced community, including

an appropriate range of opportunities for the protection and enhancement of the historic environment (having particular regard to the maritime heritage of the area) and the provision of new housing, employment, tourist, recreation and leisure facilities

ii. Protect the employment base of Mistley through the provision of alternative employment facilities to replace any potential loss of employment

iii. Protect the port operations iv. Have regard to the potential for port uses of existing buildings,

before allowing any change of use v. Allow for access arrangements which do not increase current

levels of HGV traffic on the High Street vi. Provide or allow for sustainable and managed public facilities

and non-motorised public access to the waterfront, including a public footpath link in all the non-commercial areas and a public right of mooring along the quayside

vii. Enable the development of views across the Stour Estuary viii. Protect the adjoining nature conservation interests, biodiversity

and landscape quality during construction work and thereafter.

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5.11 Policy LMM1 commits the District Council to bring forward a Supplementary Planning Document (SPD) in order to promote development in accordance with these requirements. The SPD is being prepared in parallel with this management plan. Entrance to Mistley Quayside between Grapevine Cottages and Thorn Quay warehouse

The Local Development Framework

5.12 The Council has already started work on the Local Development Framework (LDF) that will soon succeed the Local Plan. The first step towards the framework is a Local Development Scheme (LDS).

5.13 The LDS, which has now been approved, sets out the documents that

will be relevant and a timetable for their production. The main aim of the LDS is to secure continuous policy coverage until 2026. It is important, therefore, that the protection and management of the historic environment are adequately represented on this agenda.

5.14 The Core Strategy, containing the development management policies,

is due to follow on from the Local Plan in 2011. Policies may be further explained and amplified through Supplementary Planning Documents. One such is, of course, the SPD for the Mistley Urban Regeneration Area already referred to.

5.15 The District Council is also committed through the LDS to preparing a

further SPD to address conservation areas generally throughout the district. Although this will not be published until 2012, it will eventually set generic standards and expectations for the management of historic

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areas. The Council will review the need to bring forward SPDs on further subjects as issues may warrant and staff resources permit.

Further guidance 5.16 The District Council makes full use of guidance published by other

organisations, such as Essex County Council and English Heritage. Indeed, it has formally adopted the English Heritage guidance – Enabling Development and the Conservation of Historic Assets – for planning purposes.

5.17 The County publishes useful guidance on technical matters, such as

pargetting, pointing with lime mortar, conservatories, the renewal of timber window frames and infill development.

5.18 Tendring District Council is publishing its own series of guidance

booklets that cover specific aspects of conservation in the District: ▫ Listed Buildings ▫ Conservation Areas ▫ Extensions and Alterations ▫ Windows in Listed Buildings and Conservation Areas ▫ Brickwork ▫ Plasterwork and Renders ▫ Painting

Fine window detail at the corner of South Street and High Street, Manning tree

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6.0 THE CHALLENGES FACED IN THE CONSERVATION AREA – ISSUES AND RECOMMENDATIONS

6.1 Among the responses made to initial inquiries of the local community, there was an overwhelming view that the special interest, character and appearance of the Manningtree and Mistley Conservation Area are important to the life of local people in the area today.

6.2 A wide range of issues having an impact on the historic character of

the conservation area have emerged from site surveys, from the Character Appraisal of 2006, from the public workshop and consultation, from the Town and Parish Councils, and from discussion with Council staff.

6.3 In no particular order of significance, the main issues are:

▫ The Conservation area boundary ▫ Buildings:

− Local listing − Building maintenance and repair − Loss of original architectural detail − Shopfronts − Buildings that detract from the character of the area

▫ Landscape: − Parkland − Open spaces − Tree management

▫ Townscape: − Paving − Street furniture, signs/adverts and lighting − Boundary treatments

▫ Development management: − Design of new development − Building alteration − Enforcement − Monitoring change

▫ Traffic management and parking ▫ General management:

− Promotion − Training and information − Policy and guidance

▫ Opportunities for enhancement 6.4 In the following paragraphs each issue is reviewed and specific

recommendations are made. Appendix 1 contains an Action Plan that shows how the proposed recommendations might be achieved in the short, medium and long term.

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Boundary review 6.5 Although the conservation area appraisal suggested that designation

should concentrate on the two settlements, leaving the landscape between them to be protected through the Local Plan’s landscape designations, the clear message from the public workshop was that the designed landscape is a common bond that should be recognised in a single designation. It is not, therefore, proposed that separation should be pursued.

6.6 One further suggestion has been discounted: The former tannery site

off Station Road clearly had had historical associations with the development of Manningtree, but there does not appear to be any standing evidence of this. The existing supermarket, car park and vacant land cannot be said to have qualities that it is desirable to preserve or enhance so designation as part of the conservation area is not intended.

6.7 There are, however, some less radical adjustments that have been

suggested. These were specifically tested through the public consultation. The following numbered points relate to areas shown on the Boundary Review Map provided for the consultation:

1. Area to the west and south of Manningtree. The appraisal

suggested that this area should be removed from the conservation area because it includes a significant amount of modern development. However, there was strong support for retaining this area to include the current Market Place, properties on Colchester Road, such as Compton Lodge, the distinctive waterworks buildings, and short terraces on Mill Lane and Trinity Road all of which are regarded as making a positive contribution to the local character. This area will not, therefore, be removed.

2. The Crisp (formerly Simpsons) maltings site south of the railway at

Mistley. There had been suggestions that this area should be removed from the conservation area because it is occupied by modern structures that do not accord with the prevailing architecture of the conservation area. There was definite support for retaining this area largely because it would facilitate the inclusion of School Wood (See 4 below). This area will not, therefore, be removed.

3. The pond to the south of Manningtree Waterworks. Retention of

Area 1 would allow for an extension to include the pond. This would make more sense of the waterworks site and it would improve the definition of the area as the existing boundary appears to cut through the pond, leaving part of it in and most of it out of the conservation area.

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In the event, there was an overwhelming demand for a larger extension to include properties on the east side of Colchester Road, the allotments on Trinity Road and the ‘green wedge’ between them extending south to Long Road. This suggestion has been accepted and taken into Recommendation 1.

Waterworks in Mill Lane Historic houses in Colchester Road

4. Furze Hills Woods, Mistley. The suggestion to add the woods to the conservation area was strongly supported. The woods are home to several ancient oak trees including Old Knobbley, said to be one of the oldest trees in Britain. The addition would also take in School Wood and the southern part of School Lane, including Park View Villa; paired Edwardian houses at the southern end of California Road; Shrubland Road; and the listed ‘secret’ bunker. This suggestion will now be taken into Recommendation 1.

5. Baltic Wharf, Mistley. The existing boundary follows a seemingly

arbitrary line from the rear of the Anchor PH to the river cutting across Baltic Wharf. Support for the proposal, to follow a more logical line along Anchor Lane to the railway bridge and then along a northward boundary to the corner of Baltic Wharf, was overtaken by the 6th point below.

6. Northumberland Wharf. The suggestion was that the boundary

should go further to the east to include the historical railway loop that once served Mistley Quay and the former coal-importing and barge-building area of Northumberland Wharf.

Initially developed for the delivery of coal from Sunderland, hence the name, it is believed that some of the masonry of the historic quay edge still survives. This area demonstrates the significance of the river to

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the development of Mistley and its port. The suggestion received strong support and will now be taken into Recommendation 1.

Recommendation 1:

Extensions to the Manningtree and Mistley Conservation Area should be designated at the earliest opportunity to include the three areas shown on the Boundary Proposals Map: ▫ The ‘Green wedge’ south to Long Road ▫ Furze Hills Woods ▫ Northumberland Wharf

Buildings:

Local list 6.8 The conservation area includes several buildings of historical interest

which, although not listed, are nonetheless of local significance. Local authorities are being increasingly encouraged to compile local lists and to adopt policies that recognise the qualities of these buildings in planning decisions.

6.9 Government policy in PPS5 now provides for local listing to be

included in the definition of ‘heritage assets’ and for the effect of development proposals on their significance to be taken into account in planning decisions.

6.10 It is important that the policies should include clear criteria for selection

in order to ensure consistency. The identification of appropriate buildings can then be undertaken with the full involvement of local communities. In Manningtree and Mistley, a starting point would be to select from the buildings marked as positive on the Townscape Appraisal Maps.

Recommendation 2: The principle of a district-wide local list for Tendring should be established with appropriate policies and criteria for selection. Local communities should be encouraged to take part in nominating entries.

Building maintenance and repair

6.11 The general condition of properties in the conservation area is good. There are, however, three listed buildings that are clearly at risk: ▫ No.33 South Street, Manningtree ▫ No.8 High Street, Mistley ▫ The un-used section of No.1 Maltings, Mistley

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6.12 The District Council is aware of these cases and is taking action as necessary. No.8 High Street has changed ownership and repairs are in hand. Also vulnerable, through lack of use, are the No.2 Maltings on the Edme site and the bunker at Shrubland Road.

6.13 There are also two unlisted, but positive, buildings whose condition

gives rise to concern: No.1 Barnfield, Manningtree and the Church Hall on New Road, Mistley.

6.14 All buildings-at-risk are included on the Essex County Council Risk

Register. However, a strategy is needed for monitoring the condition of buildings, identifying vulnerable buildings before they become significant problems, establishing priorities and taking necessary action.

Recommendation 3:

Establish a Buildings-at-Risk Strategy to ensure that identified risks are addressed.

Clear evidence of decay that can lead to the loss of

historical detail

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6.15 Where the condition of a listed building or key unlisted building gives cause for concern, appropriate steps should be sought to secure the future of the building. Steps should include as necessary the use of statutory powers, such as an Urgent Works Notice, to secure the preservation of the building by protecting it from further decay.

6.16 Where sites or buildings are in a poor condition and the appearance of the property or land is detrimental to the neighbourhood, consideration should be given to the serving of a Section 215 Notice, sometimes called an Amenity Notice. This notice requires the proper maintenance of the property or land in question, and it specifies what steps are required to remedy the problem within a specific time period. The District Council has used such a notice in respect of No.8 High Street, Mistley.

Recommendation 4: Encourage the maintenance and repair of buildings and sites that contribute to the character or appearance of the conservation area and make use of formal planning powers as necessary.

Loss of architectural detail

6.17 Small changes can, together, have a cumulative effect that damages the appearance of historic buildings and erodes the special character of the conservation area. Such changes include the replacement of front doors and windows with plastic ‘imitations’, changing roof materials, the loss of chimneystacks, painting over brickwork or constructing obtrusive porches and boundary walls.

6.18 An existing Article 4 Direction covers a small part of Mistley11 to bring

some of these changes to domestic property within the control of the planning system. However, this is of limited effect in relation to the conservation area as a whole. It is recommended, therefore, that the direction is re-cast to cover the full extent of the conservation area.

Recommendation 5: Recast the existing Article 4 Direction to protect the special qualities of all relevant unlisted buildings in the conservation area and provide adequate publicity to explain the effect.

6.19 An Article 4 Direction applies to houses in single occupancy. Where

houses are divided into flats or where buildings are in other uses, such as shops and offices, the controls already exist. In these cases, it is important to ensure that equivalent development management standards are being applied (See Recommendation 19 below).

11 In the area of Beckford Road, Rigby Road, Stour Terrace and part of Harwich Road

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6.20 It is also vital that breaches of Article 4 controls are addressed promptly so that the system does not fall into disrepute. It is recommended that a photographic survey is undertaken as a baseline record for measuring change. This will enable building condition to be monitored and will provide evidence for effective enforcement. For the latter, however, it is important that the record is updated every four years because breaches more than four years old cannot be enforced against.12 Communities can assist with this work.

Recommendation 6: Where expedient take prompt enforcement action against infringements of the Article 4 Direction. Recommendation 7: Support compliance monitoring by means of a regular baseline photographic survey.

The existing Article 4 Direction applies only to a small group of houses in Mistley

Shopfronts 6.21 There are several historic shopfronts, particularly in Manningtree,

which should be celebrated and preserved. However, there is local concern that they are a vulnerable feature of the townscape and that

12 The four year rule applies to enforcement against physical works carried out without planning permission or contrary to a condition of an existing permission. Enforcement against unauthorised changes of use has a 10-year limit. There is no time limit for enforcement related to listed building consent.

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modern replacements fall short of design expectations. There is also concern about the standard of signage associated with retail uses.

Recommendation 8: Guidance should be provided to encourage the repair of historic shopfronts and to raise standards of design in new shopfronts and associated signage.

Buildings that detract from the character of the area 6.22 There are mixed views on the industrial aesthetics of the silos on the

Crisp maltings site or the metal sheet cladding of the Thorne Quay warehouse, but there is general agreement that the Stockdale warehouse at the western end of Mistley Quay does not enhance the setting of the Mistley Towers. In Manningtree, recent developments on Station Road are highly criticised, particularly the octagon on the corner of North Street, which is so focal in views down Brook Street.

Recommendation 9: Encourage the redevelopment of buildings which have a negative affect on the character or appearance of the conservation area as and when they become ready for renewal.

The octagon building in Station Road is not regarded as a success

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Landscape: Parkland 6.23 Much of the area between Manningtree and Mistley was shaped by

three generations of the Rigby family as they developed the Mistley Hall Estate in the 18th and early 19th centuries. Many elements of the parkland landscape survive, including Hopping Bridge, the ornamental lake behind it and established tree planting.

6.24 The landscape has since been affected by modern agricultural

practices and the use of Mistley Place Park as an animal sanctuary and visitor attraction.

6.25 The historical significance of the parkland can only be managed if it is

properly understood and it is recommended that a detailed survey is carried out in order to establish the extent of surviving elements and the steps that can be taken to safeguard and enhance them.

Recommendation 10: Commission a conservation management plan for the parkland of the Mistley Hall Estate.

Open spaces 6.26 The conservation area is not particularly endowed with open spaces in

the urban areas, which makes those that do exist all the more distinctive. Elements that make a positive contribution to the conservation area in Manningtree include the grave yard next to the Evangelical church in Trinity Road, the green triangle in South Street, the old and modern market places and the waterside on either side of the centre. In Mistley, the important spaces are Mistley Green, the surroundings of Mistley Towers, the quaysides and the allotments.

6.27 In most cases appropriate enhancement will amount to little more than

good maintenance. However, there is a case for more dynamic change at the Mistley Towers, the quaysides and the market places. Opportunities for enhancement are considered in more detail at 6.59 below.

Recommendation 11: Appropriate enhancements should be sought for all significant open spaces.

Tree management

6.28 Street trees, trees in parks and open spaces and landscape, and privately owned garden trees, make a vital contribution to the special

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interest of the conservation area but they can cause problems through overhanging branches and sometimes due to mechanical damage from roots.

6.29 As trees become old, or diseased, they may need to be felled and

replacement planting undertaken. The preparation of a Tree Management Strategy for the conservation area could be undertaken as a partnership between local groups and the Council. The Strategy should be based on a full tree survey which identifies prevalent tree species and their condition.

6.30 This understanding will then inform suitable planning for maintenance,

succession planting and further development of the tree stock. A ‘walking trail’ to celebrate significant trees is another possible outcome of this work.

Recommendation 12: Prepare a Tree Management Strategy to ensure that priorities are agreed and funding set aside for the costs involved in maintenance, remedial works or replacement of publicly owned trees.

Trees lining Mill Lane, Manningtree

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Townscape:

Paving 6.31 In addition to the buildings that front them, the appearance of streets

depends upon the quality of the spaces between them. In Manningtree there are traces of sandstone paving, both old and new, and throughout the conservation area there are the historical milky-blue glazed bricks used particularly for lining gutters. Unfortunately, the latter are all too often encroached upon by tarmac.

6.32 These surviving elements should be celebrated by extending similar

treatment throughout the area. High Street, Station Road and the new market place in Manningtree would be priorities for starting this process, not least because redevelopment of the tannery site may provide the means.

Recommendation 13: The maintenance of street surfaces must take account of surviving historical materials and enhance them wherever possible.

Distinctive blue-glazed bricks form a gulley Sandstone paving in Manningtree next to a line of granite kerbs.

Street furniture, signage and lighting

6.33 Provision of street furniture is generally limited but not well maintained. Manningtree Town Council has noted a significant number of

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redundant or inappropriate street signs. The principles established in English Heritage’s Streets for All publication should be applied to the conservation area.

6.34 The starting point for this should be a systematic audit of the public

realm, building on the work already done by Manningtree Town Council. While the County or District Council could provide the framework for the audit, the detailed survey work could be undertaken by local people.

Recommendation 14: A detailed audit of the public realm should be carried out in order to establish the condition of and need for components, such as street furniture, signage, lighting and paving. Recommendation 15: A streetscape manual for the area should be adopted in association with the Essex County Council Conservation Team. This could be developed for all the conservation areas in Tendring.

Boundary treatments

6.35 The materials and detailing used in hedges, fences and walls can have a significant effect on the character of a conservation area. In some parts they can be controlled through the Article 4 Direction and, if the Direction is extended to all single dwellings in the conservation area, as Recommendation 5 suggests, there is the opportunity to establish good practice.

6.36 Particular public condemnation has been directed at the two-metre

wire mesh fence erected on the edge of the quayside at Mistley. The District Council, and the County Council as highway authority, are currently reviewing the legal position in relation to this structure. Meanwhile, a specific Article 4 Direction has been implemented to prevent any further such fencing without the Council’s agreement. Even if the fence is needed on health and safety grounds, a less utilitarian solution would be possible.

Recommendation 16: Hedges, walls and fences that are significant to the character of the conservation area should be retained. If necessary the recasting of the Article 4 Direction should be used to achieve this. Recommendation 17: Every opportunity should be used to seek a more sympathetic design solution for the edge of Mistley Quay.

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Quayside fence at Mistley

Development management:

Design of new development 6.37 It is a planning requirement that proposals for new development must

be justified by a Design and Access Statement. It is important that this process is used robustly to ensure high standards of design, and that the design takes full account of the character of the conservation area.

6.38 It is open to the Council to provide design guidance or to make use of

existing guidance provided by Essex County Council, CABE or English Heritage. Where major developments are likely, the Council can set out its expectations in design briefs. These provide the framework within which proposals can be produced.

6.39 In December 2009, Tendring District Council commissioned the County

Council’s Essex Design Initiative to produce a design and development brief for Manningtree in order to:

‘identify ways to enhance the setting of the riverside area, improve links between the existing town centre and railway station towards the west of the town and improve the town’s contribution to tourism and economic regeneration in Tendring.’

6.40 The brief, to be published soon, will address issues of flooding,

conservation, the historic town, the natural environment, traffic and parking in relation to four key sites: Jewson’s Yard, the Railex (Tesco) site, the Sorting Office and the Market Place.

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6.41 For the Jewson’s site it will be important to maintain the view down South Street and across the estuary. It will also be a vital opportunity to provide public access to the riverside, including a possible pedestrian link to the riverside walk further west. This link could be achieved with a cantilevered deck built out from the sea wall.

6.42 For the tannery (Railex) site, although the Tesco proposal has been

refused, it remains important to ensure that any further development proposals do not have an adverse impact on the conservation area even though they are outside the boundary. Height, bulk and materials will, therefore, be significant factors. The design brief will also provide the opportunity to set standards for public realm improvements at the entrance to the conservation area on Station Road.

Recommendation 18: Every effort should be made to raise design standards through the use of guidance and briefing.

Building alteration

6.43 It is equally important that alterations are appropriate to the conservation area. The Article 4 Direction can help to ensure this in some circumstances, mainly where properties are single dwellings. It is vital, however, that the application of development management to other buildings is of an equivalent standard making full use of specialist conservation advice.

Recommendation 19: Review development management standards for procuring high quality design in conservation areas and resisting inappropriate alterations.

Enforcement and monitoring

6.44 It is important to have an objective understanding of change so that informed responses can be made. Indeed, PPS5 now expects local authorities to monitor the impact of their policies and decisions on the historic environment.

6.45 Management of change may require adjustments to policy and

practice, or action for enforcement and compliance. As English Heritage puts it:

‘The aim should be to establish a virtuous circle of monitoring, review and action as necessary to maintain a sustainable equilibrium’

6.46 The need for a regular photographic survey is addressed at 6.20

above. This will establish a baseline record for measuring change,

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monitoring building condition and providing evidence for enforcement casework.

6.47 While the need to ensure public safety will always come first,

enforcement in relation to the historic environment should generally have the next highest priority. This is because so much historic fabric is irreplaceable and its retention is important for sustainability as well as cultural and economic reasons.

6.48 A strategy for enforcement should explain the circumstances when the

District Council would make use of Repairs Notices, Urgent Works Notices and Amenity Notices. The latter can be particularly effective in securing the improvement of unkempt land and buildings.

Recommendation 20: The Council should bring forward an enforcement strategy to explain its commitment to resisting unauthorised works.

Traffic management and parking

6.49 Despite the availability of alternative routes, there is still a considerable volume of through traffic in Manningtree and it may be possible to reduce this with degrees of traffic calming and clear signage. Opportunities for improved parking provision may arise through the redevelopment of the tannery/Railex site to the west of the conservation area and this could be linked to the town centre by pavement improvements and possibly a pedestrian link along the waterfront.

6.50 In Mistley, the presence of heavy vehicles is an inevitable

consequence of industrial uses at the heart of the village. It may be possible, however, to reduce the number of points where this traffic turns onto the High street.

Recommendation 21: The councils at all levels should work with the highway authority to review current arrangements for traffic management and seek improvements.

General management: Promotion

6.51 To a large degree, the appearance of Manningtree and Mistley is its fortune. It is important, therefore, that the link is made between

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maintaining quality standards and encouraging inward investment by businesses, residents and visitors.

Recommendation 22: The town and parish councils should ensure that stakeholders are fully committed to maintaining and promoting the environmental quality of the conservation area.

Training and information

6.52 It is important that local people should understand the significance of their surroundings if they are to play their part. This requires the provision of information and the use of all opportunities to improve skills for all. The Council’s Heritage Champion is instrumental in seeking to raise awareness of conservation issues among elected councillors, while local amenity groups can do the same for residents. Information boards would also interpret local history for residents and visitors.

An information display would explain the significance of the Swan Fountain

6.53 The Historic Environment Local Management (HELM) initiative is a

partnership project led by English Heritage and supported by the Department for Culture, Media and Sport (DCMS), Communities and Local Government (DCLG) and the Department for Environment, Food and Rural Affairs (DEFRA). Its aim is to share best practice and build capacity and confidence in those dealing with the historic environment. HELM provides and funds written information and training in a number of ways and is an important source for training and skills.

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Recommendation 23: Improve conservation skills, training and interpretation for all who have an interest in the vitality of Manningtree and Mistley.

Community involvement

6.54 Government policy encourages local authorities to set up conservation area advisory committees either for single conservation areas or to cover several of the designations in a neighbourhood. The aim is to bring local knowledge and enthusiasm to the formulation of conservation policies and enhancement proposals, as well as providing local advice on planning and other applications that may affect an area.

6.55 Such a committee would provide a forum for local residential and

business interests as well as those of historical and amenity societies.

Recommendation 24: The Council should consider the establishment of a conservation area advisory committee for the Manningtree and Mistley area.

Policy and guidance

6.56 Planning policy in the adopted Local Plan and emerging Local Development Framework (LDF) covers general points in relation to conservation.

6.57 The LDF currently provides for supplementary planning documents on

the Mistley Waterfront and Village Urban Regeneration Area and on conservation areas throughout the district. These clearly represent a significant opportunity alongside the conservation area appraisal and management plan.

6.58 There is now a need for more specific controls and guidance to support the managerial approach that is necessary for the long term future of the Manningtree and Mistley Conservation Area. It is important to establish these needs now so that they can feed into the future programme for the LDF as necessary.

Recommendation 25: Design guidance and leaflets should be prepared to address issues where specific local guidance will make a significant difference to local public understanding. They include: ▫ The implications of the Article 4 Direction ▫ New buildings in historic areas – siting, design and materials

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▫ Boundary walls and parking within gardens – retaining historical detail, planting, landscaping

▫ Trees and hedges – maintenance, species, legal requirements

Opportunities for enhancement

6.59 A number of improvements, some public and some private, would make a welcome difference to the appearance of the conservation area. The likelihood of schemes coming forward is, of course, increased where enhancements are linked to development opportunities. The most significant possibilities are:

Manningtree

Sympathetic development of the Jewson site on Quay Street, providing public access to the riverfront and maintaining the view down South Street to the estuary. A Planning Brief for this site will seek to maximise the public benefits

The Planning Brief for the Tesco (former tannery) site will set out

details of proposed planning obligations to provide funding for public realm enhancements. These will include improvements to paving and signage in Station Road and High Street as far as the crossroads and at the Jewson’s site. In addition, enhancement should be sought for both the old and the new Market Places

Public realm improvements would provide a more welcoming entrance to Manningtree from the west

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Tendring District Council, Manningtree Town Council, Mistley Parish Council Conservation Area Management Plan – Manningtree and Mistley Conservation Area

The Conservation Studio – July 2010

39

In North Street, the backs of properties facing High Street would be enhanced by the construction of a wall or mew-type developments

The former Post Sorting Office has the potential to become a

significant community resource adjacent to the library. The car park area to the rear could also become an open garden

Remedial work to open land at Kingsbrook, Norman Road and

adjacent to No.7 Brook Street would reduce their unkempt appearance

Improvements to signage throughout the area would increase

legibility and remove redundancy

Mistley ▫ Enhancement of the setting to the Mistley Towers. The footpath to

the rear is overgrown and bounded by an industrial fence. In the longer term, redevelopment of the Stockdale warehouse would provide an opportunity for a visual axis to the river

▫ Works have been carried out in the past to the Swan Fountain, but

these could be revisited in conjunction with a wider area including the Mistley Workshops to provide better paving, to rationalise car parking and to repair the fountain to an operational state

▫ Mistley Place Park is a visitor attraction that does not make the

most of its historical context. It would benefit from work to enhance and explain the 18th century parkland landscape

▫ The Walls is a popular promenade from which to view the estuary

and its birdlife. Enhancements would include better paving, seating signage and interpretation

▫ Any consolidation of the Edme site should strengthen the frontage

onto the High Street with buildings or walls rather than wide gaps. The listed No.2 maltings is in urgent need of rehabilitation, possibly for small business or residential use

▫ Implementation of the proposed community use in part of the No.1

Maltings would provide an important local resource and avoid the potential of a worsening building-at-risk issue

▫ The Lane and The Green to the southwest of Mistley High Street

are unmade roads that could benefit from enhancement. This

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Tendring District Council, Manningtree Town Council, Mistley Parish Council Conservation Area Management Plan – Manningtree and Mistley Conservation Area

The Conservation Studio – July 2010

40

should not, however, extend to the wholesale redevelopment of secondary structures that relate to the history of the Georgian plan

▫ Significant improvements to Mistley Quay would include a more

pedestrian-friendly public realm and the removal of the fence along the quayside. These could be achieved through reorganisation of the port and the re-use/redevelopment of the Thorn Quay Warehouse.

If a barrier proves necessary at the edge of the quay, the existing industrial fence should be replaced with a design more commensurate with its conservation area setting and the need for access to the water

The Green, Mistley

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Tendring District Council, Manningtree Town Council, Mistley Parish Council Conservation Area Management Plan – Manningtree and Mistley Conservation Area

The Conservation Studio – July 2010

41

7.0 DELIVERING ACTION

A Vision for the future of the Manningtree and Mistley Conservation Area

7.1 It is important that the conservation area should be self-sustaining both socially and economically if it is to remain in anything like its present state. Achieving this requires constant management. There is always a natural desire to leave things as they are but, in reality, nothing stands still in a changing world. Like gardens, places have to be nurtured. A Strategy to deliver this future

7.2 It is important that the strategy for future management should be more than a ‘wish list’. In addition to a series of recommendations, the strategic aspect must include timescales and responsibilities. These are provided in the Action Plan at Appendix 1, which establishes a programme that will enable a managerial approach to achieve an equilibrium for the conservation area and its communities.

7.3 The Plan includes actions for ongoing, short, medium and long term

timescales. The latter may only be aspirations at present, pending the development of resources, but it is important for the area to have ambitions.

7.4 Resources, however, are not the issue for immediate actions.

Spending decisions are constantly being made and the challenge is to ensure that those investments are made in ways that benefit the special character of the conservation area.

7.5 Success will require commitment by all Council services and their

partners to ensure the sensitive exercise of controls, such as planning permissions, building control, fire regulations and highways standards. Likewise, it is important that when resources are deployed, they should be coordinated to ensure that the investment is in the best interests of the conservation area as a whole. Priorities for action

7.6 While significant and visible advances could be made by implementing grand projects of enhancement – streetworks, for instance – these are heavily dependent on funding. More fundamental, and of lasting value, will be action to secure the basic foundations of sound policy and guidance. Policy development is already under way with the forthcoming Local Development Framework – the need is to secure an appropriate emphasis on the historic environment as a driver for quality, social cohesion and economic stability.

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Tendring District Council, Manningtree Town Council, Mistley Parish Council Conservation Area Management Plan – Manningtree and Mistley Conservation Area

The Conservation Studio – July 2010

42

7.7 Similarly, there is a major issue of maintaining the qualities that already exist. There may be debates as to how the public sector commits maintenance budgets, but this is also an issue for private owners. This is promoted by the organisation Maintain Britain’s Heritage and the Society for the Protection of Ancient Building’s (SPAB) National Maintenance Week, both of which can be harnessed to good effect for the communities of Manningtree and Mistley.

Key Projects

7.8 Nonetheless, capital projects are vital for raising confidence. Perhaps the most important are the development of the Jewson’s site and the tannery/Railex site at Manningtree and, at Mistley, the Edme site and the Mistley Thorn warehouse.

Implementation

7.9 Much of the scope for initiating action inevitably rests with Tendring District Council and the developers of the major sites – Edme and Tesco, for instance. However, there is no reason why the community should remain entirely passive. Indeed, the town and parish councils are keen to make their involvement more effective. There is scope for a public/private partnership which would not only place community interests in a driving position, but could also improve access to external funding. Commitment to the Vision and Delivery

7.10 For the management plan to succeed, it is vital that it should be adopted not only by the District Council but also by other stakeholder organisations. It is proposed that this should be promoted through a Partnership Statement or Charter from which local management structures can be developed. Periodic review

7.11 While the Action Plan assigns responsibilities and timescales to the projected tasks, management will only be meaningful if the programme is subject to regular review in order to evaluate progress. It is recommended that formal reviews should be undertaken on a five-yearly basis, in line with the review of the conservation area appraisals. However, a more continuous review may be necessary in the initial stages and individual projects are likely to develop programmes of their own.

7.12 The review cycle for this management plan will be triggered by its

adoption in the summer of 2010. 7.13 Responsibility for conducting the review is with the Planning Service at

Tendring District Council.

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Page 45: CONSERVATION AREA MANAGEMENT PLAN - Tendring District · sight of the special historic qualities of a place. 1.10 Local authorities are expected to publish appraisals of their conservation

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nce

No.

100

0186

8420

8 (2

009)

Tend

ring

Dis

tric

t C

ounc

il M

anni

ngtr

ee a

nd M

istl

ey C

onse

rvat

ion

Are

a M

ap 2

: Mis

tley

To

wns

cape

App

rais

al M

ap

Not

to

scal

e

Page 46: CONSERVATION AREA MANAGEMENT PLAN - Tendring District · sight of the special historic qualities of a place. 1.10 Local authorities are expected to publish appraisals of their conservation

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Appendix 1. The Action Plan The Action Plan demonstrates how the proposed recommendations in Section 6 of this document might be achieved in the short (up to 1 year), medium (up to 3 years) and long (over 3 years) term. Much depends on the resources available. However, short term actions are generally those that can be achieved without the need for capital outlay. There are also management actions that need to be sustained on an ongoing basis. Clearly, the longer term actions may remain aspirational subject to funding or changed circumstances. Short term actions: Recommendation 1: Extensions to the Manningtree and Mistley Conservation Area should be designated at the earliest opportunity to include the three areas shown on the Boundary Proposals Map: ▫ The ‘Green wedge’ south to Long Road ▫ Furze Hills Woods ▫ Northumberland Wharf. Achieved by: Political decision, legal process Responsibility: TDC Planning Services Recommendation 5: Recast the existing Article 4 Direction to protect the special qualities of all relevant unlisted buildings in the conservation area and provide adequate publicity to explain the effect. Achieved by: Survey, report, political decision, legal process Responsibility: TDC Planning Services Recommendation 16: Hedges, walls and fences that are significant to the character of the conservation area should be retained. If necessary the recasting of the Article 4 Direction should be used to achieve this. Achieved by: Survey, report, policy development Responsibility: TDC Planning Services Recommendation 17: Every opportunity should be used to seek a more sympathetic design solution for the edge of Mistley Quay. Achieved by: Negotiation Responsibility: TDC Planning Services

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Recommendation 19: Review development management standards for procuring high quality design in conservation areas and resisting inappropriate alterations. Achieved by: research, review, policy development Responsibility: TDC Planning Services Short term and ongoing actions: Recommendation 4: Encourage the maintenance and repair of buildings and sites that contribute to the character or appearance of the conservation area and make use of formal planning powers as necessary. Achieved by: Survey, briefing, negotiation, use of powers Responsibility: TDC Planning Services Recommendation 7: Support compliance monitoring by means of a regular baseline photographic survey. Achieved by: Survey Responsibility: TDC Planning Services Recommendation 13: The maintenance of street surfaces must take account of surviving historical materials and enhance them wherever possible. Achieved by: Survey, establish protocols, liaison Responsibility: TDC Planning Services and Essex County Council Recommendation 18: Every effort should be made to raise design standards through the use of guidance and briefing. Achieved by: Research, survey, design, publication Responsibility: TDC Planning Services and Essex County Council Recommendation 22: The town and parish councils should ensure that stakeholders are fully committed to maintaining and promoting the environmental quality of the conservation area. Achieved by: Liaison with local stakeholders Responsibility: Town and Parish Councils Recommendation 23: Improve conservation skills, training and interpretation for all who have an interest in the vitality of Manningtree and Mistley. Achieved by: Research, design, publication, training opportunities Responsibility: TDC Planning Services and Essex County Council

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Short/medium term actions: Recommendation 2: The principle of a district-wide local list for Tendring should be established with appropriate policies and criteria for selection. Local communities should be encouraged to take part in nominating entries. Achieved by: Policy development, liaison with partners, survey work Responsibility: TDC Planning Services with Town and Parish Councils and local amenity groups Recommendation 3: Establish a Buildings-at-Risk Strategy to ensure that identified risks are addressed. Achieved by: Policy development and liaison Responsibility: TDC Planning Services and Essex County Council Recommendation 6: Where expedient take prompt enforcement action against infringements of the Article 4 Direction. Achieved by: Report, political decision, legal process Responsibility: TDC Planning Services Recommendation 14: A detailed audit of the public realm should be carried out in order to establish the condition of and need for components, such as street furniture, signage, lighting and paving. Achieved by: Liaison with partners, survey work Responsibility: TDC Planning Services with Town and Parish Councils and local amenity groups Recommendation 20: The Council should bring forward an enforcement strategy to explain its commitment to resisting unauthorised works. Achieved by: Research, policy development Responsibility: TDC Planning Services Recommendation 21: The councils at all levels should work with the highway authority to review current arrangements for traffic management and seek improvements. Achieved by: Liaison, survey work, design Responsibility: TDC Planning Services with Town and Parish Councils and Essex County Council Recommendation 25: Design guidance and leaflets should be prepared to address issues where specific local guidance will make a significant difference to local public understanding. They include: ▫ The implications of the Article 4 Direction New buildings in historic areas – siting, design and materials Traditional doors and windows – maintaining , repairing and replacing as

well as energy efficiency and sustainability

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Boundary walls and parking within gardens – retaining historical detail, planting, landscaping

Trees and hedges – maintenance, species, legal requirements Achieved by: Research, policy development, design, publication Responsibility: TDC Planning Services Medium term actions: Recommendation 8: Guidance should be provided to encourage the repair of historic shopfronts and to raise standards of design in new shopfronts and associated signage. Achieved by: Survey, report, publication Responsibility: TDC Planning Services Recommendation 10: Commission a conservation management plan for the parkland of the Mistley Hall Estate. Achieved by: Research, survey, report, publication Responsibility: TDC Planning Services with specialist consultant Recommendation 12: Prepare a Tree Management Strategy to ensure that priorities are agreed and funding set aside for the costs involved in maintenance, remedial works or replacement of publicly owned trees. Achieved by: Policy development, liaison with partners, survey work Responsibility: TDC Planning Services with Town and Parish Councils and local amenity groups Recommendation 15: A streetscape manual for the area should be adopted in association with the Essex County Council Conservation Team. This could be developed for all the conservation areas in Tendring. Achieved by: Research, survey, design, publication Responsibility: TDC Planning Services and Essex County Council Recommendation 24: The Council should consider the establishment of a conservation area advisory committee for the Manningtree and Mistley area. Achieved by: Report, political decision Responsibility: TDC Planning Services Medium/long term actions: Recommendation 11: Appropriate enhancements should be sought for all significant open spaces. Achieved by: Identify opportunities, design, funding Responsibility: TDC Planning Services and Essex County Council

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Long term actions: Recommendation 9: Encourage the redevelopment of buildings which have a negative affect on the character or appearance of the conservation area as and when they become ready for renewal. Achieved by: Survey, briefing, negotiation, use of powers Responsibility: TDC Planning Services Long term actions will also include the implementation of capital project identified earlier in the process, such as public realm enhancements.

A Buildings-at-Risk Strategy would seek the reuse of the empty parts of the No.1 Maltings

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Appendix 2. References ▫ Bettley, James and Pevsner, Nikolaus – The Buildings of England: Essex –

Yale 2007 ▫ The Cabinet Office – Enforcement Concordat – 1998 ▫ Cleveland, David – Manningtree and Mistley: The people, the trades and the

industries – 2007 ▫ Dept. for Communities and Local Government – Planning Policy Statement 5:

Planning for the Historic Environment – 2010 ▫ Dept. of Culture, Media and Sport – Heritage Protection for the 21st Century –

2007 ▫ Dept. of Culture, Media and Sport – The Government’s Statement on the

Historic Environment for England – 2010 ▫ English Heritage – Guidance on Conservation Area appraisals – 2005 ▫ English Heritage – Guidance on Management Proposals for Conservation

Areas – 2005 ▫ English Heritage – Streets for All: East of England – 2005 ▫ English Heritage (with CLG and DCMS) – PPS5 Planning for the Historic

Environment: Historic Environment Planning Practice Guide – 2010 ▫ Essex County Council – Shopfront Design and other conservation guidance ▫ Garwood, Ivan – Mistley in the days of the Rigbys – 2003 ▫ Gould, Shane – The Essex Malt Industry: History, technology and

architecture – Essex County Council – 1996 ▫ HMSO – Planning (Listed Buildings and Conservation Areas) Act 1990 ▫ Tendring District Council – Conservation Area Character Appraisals – March

2006 ▫ Tendring District Council – Adopted Local Plan – 2007 ▫ Tendring District Council – Conservation in Tendring – Guidance booklets –

2009/10 ▫ Tendring District Council – Mistley Waterfront and Village Urban

Regeneration Area Supplementary Planning Document – 2010 Websites: www.climatechangeandyourhome.org.uk

www.english-heritage.org.uk

www.essexcc.gov.uk

www.helm.org.uk

www.maintainourheritage.co.uk

www.spab.org.uk

www.tendringdc.gov.uk

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Appendix 3. Report of consultation 1. The process 1.1 The Management Plan follows on from the Conservation Area

Appraisal that was published in 2006. This was explained at a meeting of the Mistley Thorn Residents’ Association (Mithras) on 24 April 2009 at which a number of local organisations were represented.

1.2 On 15 June 2009, a public workshop was held at the Methodist Church

Hall in South Street, Manningtree. This was an open meeting advertised in the local press, although people known to have an interest were also specifically invited. The workshop divided into groups to discuss what they considered to be significant about the conservation area and the management issues arising.

1.3 Groups and individuals were also encouraged to provide any further

responses informally over a subsequent consultation period. These responses and the workshop discussions have been used as a basis for developing the Management Plan.

1.4 A formal four-week consultation on the draft Conservation Area

Management Plan was launched on 19 January 2010 with an exhibition and questionnaire provided at Manningtree Library. When the library closed, due to roof repairs, the exhibition moved to the Methodist Church Hall in South Street. A drop-in ‘surgery’ was held there on 5 February so that local people could discuss the issues with Council staff and the consultant.

1.5 The consultation was advertised in the local press and the draft

Management Plan was made available on the District Council’s website. Responses were encouraged with the questionnaire, a copy of which is included below.

2. The responses 2.1 Twenty five written responses were made to the formal consultation and

these are summarised in the table at the end of this appendix. They came from a range of local individuals, businesses and organisations including the Town and Parish Councils.

2.2 Specific questions were asked about possible boundary changes. There was

an enthusiastic response to the suggestions, much of which had been foreshadowed at the workshop event. In two places there was a significant demand for larger additions – a small area to the south of Furze Hills Woods and the ‘green wedge’ between Colchester Road and Trinity Road. The logic

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of these suggestions has been accepted and included within Recommendation 1 and the Boundary Proposals Map.

2.3 Further questions related to the issues, opportunities and priorities. Many of

the points raised in response are already covered in the text but some have been clarified where there seemed to be uncertainty.

2.4 For some, there is an expectation that the Management Plan should solve

the problems whereas in reality it can only identify methods and responsibilities for resolving issues. This frustration is evident in the comment that it ‘doesn't address traffic or potential for inappropriate development’. Clearly, the Plan does address these issues through Recommendations 9, 18, 19 and 21.

2.5 There were some comments that fall outside the scope of the Management

Plan. For instance, while the overall growth of the settlements may have a bearing on the conservation area, decision making goes well beyond the remit of conservation. Also, there may well be issues about the feeding of swans and its effect on their welfare, but this too goes beyond the scope of conservation planning.

2.6 Three responses in particular set out their concerns at greater length. The

first provided 19 points, most of which are already covered, such as: ▫ The improvement of shopfronts ▫ Retention of blue ceramic kerb details ▫ Improvement of pavements ▫ Traffic management ▫ Improvements to Mistley Quays

2.7 Useful points that have been taken into the text include the need for visitor

information boards and the need to repair the Swan Fountain. Like many, this respondent objects to the quayside fence at Mistley and refers with support to issues raised in the draft SPD. Also, like many, there is an objection to a Tesco development.

2.8 The Tesco site is, of course, outside the conservation area to the west of

Manningtree. There may be conservation issues in the physical effect of the size and design of the building on the fabric of the conservation area and there may be further effects on traffic management and the viability of the town centre. These are being addressed through the briefing work of the Essex Design Initiative (EDI) and through the planning process.

2.9 The second detailed response objects to the inclusion of Furze Hills because

it is in the guardianship of Mistley Parish Council. However, the Parish Council supports the addition. There is also objection to the inclusion of Northumberland Wharf as it should be a development site and the rail connection to serve the quaysides is protected by policy and does not, therefore require a conservation area. However, conservation and development are not necessarily incompatible. The rail loop is one of several factors that make up the historical interest of the area.

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2.10 The main issues for this respondent are the need to make things happen and

unlock development potential, for instance at Jewson’s or the Post Office site, and also the effect on the viability of Manningtree town centre from traffic speed and a lack of convenient short-term parking. The EDI briefing will address these points.

2.11 Points of detail arise from the mapping, but most of these relate to the

Ordnance Survey base, which is not fully up-to-date. Also the use of the term tannery site for the former Railex/Elite engineering works – some of the references have been changed in response. Also, the Adam lodge in Green Lane is not a building-at-risk – this is accepted and the reference has been removed. The response finishes with:

‘I am pleased with the draft and agree overall with the sentiment and content subject to my comments above.’

2.12 The third detailed response raises ten points:

i. The character of the west quay at Mistley is industrial. This is accepted, but the Council has to balance this with the effect it has on the planned Georgian settlement and the Mistley Towers. ii. Recommendation 9, addressing buildings that detract from the character of the area, is taken to apply only to the Stockdale and Thorn Quay warehouses. However, the section also makes specific reference to the octagon in Station Road, Manningtree as a further example of a building seen by many as detracting from the character of the area. A reference to the silos at the Crisp Maltings, which may have suggested that they would be treated differently, has been removed. The simple point of the recommendation is that, when opportunities arise, the remediation of negative effects should be encouraged. iii. Concern is expressed that the Thorn Quay warehouse should be seen as a Key Project at paragraph 7.8. However, it is probably the largest unused building in the conservation area and it is no surprise that local people wish to see better use made of the site for whatever purpose. The paragraph has been amended to recognise the Edme site and the tannery/Railex site as key projects also.

iv. There is concern that enhancement of the quaysides should be sought as the area is car parking and not public realm. This perhaps misinterprets a reference to the whole of the Mistley quayside the enhancement of which is indeed a popular aspiration. v. The response raises points of detail in relation to the opportunities for enhancement, such as the need to maintain access to the Thorn Quay warehouse in any improvements at the Swan Basin. These are helpful but are more relevant to the design stage should schemes come forward.

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Similarly, the urban design objective of strengthening the frontage of the Edme site does not mean that access to the site should be blocked off. The reference to entrances has been changed to ‘gaps’. A suggestion that the quayside area to the rear of Grapevine Cottages should be included as an area in need of enhancement has been accepted. vi. The quayside fence is defended as an industrial response to an industrial character and the prevalent risks. However, the Council has to balance this with the wider character of the conservation area and the strength of views that have been expressed.

vii. In the context of traffic management, concerns are raised about any reduction in access to Mistley High Street. This possibility is based on the advice of the Highway Authority. It is a matter to be addressed in the context of any development proposals.

viii. It is important that the Management Plan does not conflict with existing policy. ix. The response welcomes the suggested extension of the conservation area to include Northumberland Wharf. x. It is not clear what the proposed Article 4 Direction would cover. Sections relating to Recommendations 5-7 have been amended to show that the direction would be aimed at alterations to single dwellings.

2.13 This response has placed considerable weight on the views of English

Heritage. While English Heritage have not provided a direct response, it is worth noting that, in their response to the parallel consultation on the SPD, they say:

‘English Heritage strongly supports the adoption of all the recommendations that are embodied in the Conservation Area Management Plan’.

Annexes: 1. The Questionnaire 2. Schedule of summarised responses

Page 57: CONSERVATION AREA MANAGEMENT PLAN - Tendring District · sight of the special historic qualities of a place. 1.10 Local authorities are expected to publish appraisals of their conservation

Tendring District Council, Manningtree Town Council, Mistley Parish Council Conservation Area Management Plan – Manningtree and Mistley Conservation Area

The Conservation Studio – July 2010

53

Tendring District Council in association with: Manningtree Town Council and Mistley Parish Council MANNINGTREE AND MISTLEY CONSERVATION AREA MANAGEMENT PLAN

QUESTIONNAIRE Also available at the Council’s website: www.tendringdc.gov.uk

WE NEED YOUR VIEWS In 2006, Tendring District Council published appraisals of all 20 of its conservation areas. Since then it has begun to prepare management plans for each to identify the challenges that may threaten the character of the conservation area and the opportunities that may exist for improvements. This will help the Council to manage future changes and enhancements. Manningtree and Mistley Conservation Area Please consider the draft Conservation Area Management Plan or the exhibition before answering the following questions: Question 1: Is it important to you that Manningtree and Mistley have a conservation area?

YES / NO Please add any comments you may have on the special qualities of the town/village/landscape

The boundaries of the Manningtree and Mistley Conservation Area The Council is expected to review the boundaries of its conservation areas from time to time. There are three areas where changes might be made – please see the Boundary Review Map. Question 2: Should the area of housing to the south west of Manningtree be deleted? If not, should the reservoir behind the waterworks be added?

YES / NO YES/NO

Comments:

Question 3: Should the Crisp Maltings at Mistley be deleted? If not, should the Furze Hills woods be added?

YES / NO YES/NO

Comments:

Page 58: CONSERVATION AREA MANAGEMENT PLAN - Tendring District · sight of the special historic qualities of a place. 1.10 Local authorities are expected to publish appraisals of their conservation

Tendring District Council, Manningtree Town Council, Mistley Parish Council Conservation Area Management Plan – Manningtree and Mistley Conservation Area

The Conservation Studio – July 2010

54

Question 4: Should the area be extended to the east to include Baltic Wharf? If so, should it extend further to include Northumberland Wharf?

YES/NO YES/NO

Comments:

Draft Management Plan for the Manningtree and Mistley Conservation Area We would be glad to have your comments on the draft Management Plan so that we can take local opinions into account in the final version. Please note that the appraisal will be published in an illustrated A4 colour-printed format. It will also be made available on the Council’s website. Question 5: Do you think the text identifies the challenges the area faces?

YES / NO

Comments:

Question 6: Do you think the text identifies the opportunities?

YES / NO

Comments:

Question 7: Are there other improvements you would wish to see?

YES / NO

Comments:

Question 8: What would you see as the main priority?

YES / NO

Comments:

Question 9: Please add any other comments using a separate sheet if necessary Please return your completed questionnaire BY Tuesday 16th February 2010 to: The Conservation Studio, 1 Querns Lane, Cirencester, GL7 1RL …or email us at: [email protected] …or phone Eddie Booth at The Conservation Studio: 01285 642428 If you prefer, you may leave comments with the Parish, Town or District Council and they will be forwarded. Thank you for your assistance. If you would like to be kept informed of the next stage, please provide contact details: Name: Address: Email:

Page 59: CONSERVATION AREA MANAGEMENT PLAN - Tendring District · sight of the special historic qualities of a place. 1.10 Local authorities are expected to publish appraisals of their conservation

Man

ning

tree

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YN

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port

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Im

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all w

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Y

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YN

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Page 60: CONSERVATION AREA MANAGEMENT PLAN - Tendring District · sight of the special historic qualities of a place. 1.10 Local authorities are expected to publish appraisals of their conservation

6Y

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attr

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Page 61: CONSERVATION AREA MANAGEMENT PLAN - Tendring District · sight of the special historic qualities of a place. 1.10 Local authorities are expected to publish appraisals of their conservation

13Y

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curr

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Page 62: CONSERVATION AREA MANAGEMENT PLAN - Tendring District · sight of the special historic qualities of a place. 1.10 Local authorities are expected to publish appraisals of their conservation

21Y

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by

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g