Smiths Arms – Writing Is On The Wall – A Bitter Farewell

19 Dec

The Smiths Arms Public House, 2007.


HistoryME
Our Ref: 469625
Direct Line: 01482 228452

EMail: rosie.brady@english-heritage.org.uk
19 December 2011

Dear HistoryME,

The Smiths Arms Public House, 37 Sherratt Street, Manchester

Notification of designation decision regarding The Smiths Arms Public House, The Smiths Arms, 37  Sherratt Street, City CENTRAL

Following your application we have been considering adding the above building to the List of Buildings of Special Architectural or Historic Interest.

We have taken into account all the representations made and completed our assessment of the building. Having considered our recommendation the Minister with responsibility in this matter, the Minister for Tourism and Heritage, has decided not to add The Smiths Arms Public House to the List of Buildings of Special Architectural or Historic Interest.

I attach a copy of our Smiths Arms Notification Report, prepared for the Department for Culture, Media and Sport, which gives the principal reasons for this decision.

If you consider that this decision has been wrongly made you may contact the DCMS within 28 days of the date of this letter to request that the Secretary of State review the decision. An example of a decision made wrongly wouldbe where there was a factual error or an irregularity in the process which affected the outcome. You may also ask the Secretary of State to review the decision if you have any significant evidence relating to the special architectural or historic interest of the building which was not previously considered. Further details of the review criteria and process and how to request a review are contained in the annex to this letter.

Please click on link for map of The Smiths Arms Public House Street Map.

If you have any questions in the meantime please do not hesitate to contact me, quoting our reference 469625. Further guidance on how to respond to this consultation and the type of information we are interested in can be found on our website at www.english-heritage.org.uk.

Yours sincerely

Rosie Brady

Designation Co-ordinator- North
English Heritage
37 Tanner Row
York
YO1 6WP

Data Protection Act 1998

Your personal details, along with the other information you have provided and information obtained from other sources, will be retained by English Heritage for administrative purposes and, where applicable, for future consideration. English Heritage will not release personal details to a third party if the disclosure would contravene the Data Protection principles.

Freedom of Information

English Heritage is subject to the Freedom of Information Act 2000 and the Environmental Information Regulations 2004 which provide a general right of access to information we hold. We may provide the information you have supplied in response to a request made under this legislation, subject to any exemptions which apply. English Heritage will consult with external parties as necessary prior to releasing information.

Annex 1

Review Criteria and Process

A review will only be carried out in the following circumstances:

(1) there is evidence that the original decision has been made wrongly. Examples would include:

– where there was a factual error, eg. the wrong building was listed; or

– where there has been some irregularity in the process which has affected the outcome, eg. relevant
considerations were not taken into account or irrelevant considerations were taken into account.

(2) there is significant evidence which was not previously considered, relating to the
special architectural or historic interest of the building, as set out in the Planning (Listed Buildings
and Conservation Areas) Act 1990. An example would be where new evidence relating to the date of a
building has been discovered which might make a material difference to the architectural or historic
interest of the building.

Having conducted a review, the Secretary of State will either affirm or overturn the original decision. It is important to understand that the original decision will stand until the Secretary of State has made a decision on whether the original decision should be affirmed or overturned. If the original decision is overturned, this will not have retrospective effect.

How to request a review of a listing decision

Reviews are carried out by the Department of Culture, Media and Sport and review requests should be made on the Department’s ‘Listing Review Request Form’. The Form is accompanied by Guidance to assist you in making a review request.  Both the Form and the Guidance can be downloaded from the ‘Reviews of Listing Decisions’ page of the Department for Culture, Media and Sport’s website at:

www.culture.gov.uk/what_we_do/historic_environment/6294.aspx

If you are unable to access the website please contact:

The Listing Review Officer
Heritage Protection Branch
Culture Team
Department for Culture Media and Sport
2-4 Cockspur Street
London
SW1Y 5DH.

Review requests should normally be made within 28 days of the date of this letter.
Requests made beyond this period may be considered in exceptional circumstances.

This e-mail (and any attachments) is confidential and may contain personal views which are not the views of English Heritage unless specifically stated. If you have received it in error, please delete it from your system and notify the sender immediately. Do not use, copy or disclose the information in any way nor act in reliance on it. Any information sent to English Heritage may become publicly available.

Portico: your gateway to information on sites in the National Heritage Collection; have a look and tell us what you think. http://www.english-heritage.org.uk/professional/archives-and-collections/portico

If you liked this post you may like this one: Hat and Feathers Public House – 39 Mason St – Ancoats – Manchester – M4 5FX

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One Response to “Smiths Arms – Writing Is On The Wall – A Bitter Farewell”

Trackbacks/Pingbacks

  1. Smiths Arms – Brick by Brick « historyme - April 19, 2012

    […] English Heritage who acknowledged the importance of the building, refused an application for listing, although we will be taking it to the Secretary of State, to try and over turn […]

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