APPENDIX 1 POLICY
1.0 National Policy
1.1 Since 1990, when the White Paper, This
Common Inheritance was published, the Government has been committed
to policies which seek to ensure the conservation and enhancement
of our cultural heritage, including the natural and built
environment. PPG13, also published in 1990 deals specifically
with archaeology and planning. PPG15 deals primarily with
listed buildings and conservation areas but also covers the
historic landscape, historic battlefields, historic parks and
gardens and world heritage sites. PPG15 also makes reference
to archaeological issues relating to listed buildings. The
Ancient Monuments and Archaeological Areas Act, 1979 deals with
scheduled ancient monuments (see 5.2 below).
2.0 Structure Plan Policy
2.1 The Joint Replacement Structure Plan for
the Unitary Authorities of Bath and North East Somerset, Bristol,
South Gloucestershire and North Somerset was adopted in September
2002. The following policy is relevant to the built and
historic environment:
POLICY 19 - Local Plans will, through existing
national/international designations, and other policies and
initiatives:
- protect that part of the cultural heritage that consists of the
built and historic environment of the area and manage development
and land use change in a manner that respects local character and
distinctiveness, ensuring that new development and other land use
changes respect and enhance local character through good design and
conform with any local character statement guidance produced
locally;
- protect Scheduled Ancient Monuments and other nationally
important archaeological remains, which should be preserved in situ
and their settings maintained and enhanced; and
- require development proposals affecting archaeological sites of
local importance to demonstrate an overriding need for the
development, to provide for a mitigation strategy where necessary,
and to provide for appropriate prior investigation and recording of
the site.
3.0 Local Policy
3.1 Bath Local Plan, adopted in June 1997
contains the following policies relevant to archaeology and the
historic environment.
Policy C27 - within areas of recognised
archaeological potential shown on the proposals map, the city
council will not determine planning applications involving work
below ground level until the applicant has provided information in
the form of an evaluation of the archaeological importance of the
site, and an assessment of the archaeological implications of the
proposed development.
Policy C28 - development which would adversely
affect the site or setting of a scheduled ancient monument or of an
archaeological site that is of national importance will not be
permitted.
Policy C29 - in considering development
proposals which affect sites which are found to be of
archaeological interest, the city council will take account of the
following factors:
i) the extent to which the archaeological interest would be
preserved in situ in the proposed scheme or in feasible alternative
schemes;
ii) the intrinsic importance of the remains;
iii) the significance of the remains in the context of the
development of the city of Bath and its status as a world heritage
site; and
iv) any substantial benefits for the community which would be
brought about by the proposed works.
If planning permission is to be granted the city council will
impose conditions or seek planning obligations to secure the
preservation of the archaeological interest in situ or where this
would be impractical or inappropriate, by record, prior to and
during development.
3.2 The Wansdyke Local Plan Deposit Draft 1995
as amended and agreed for development control purposes 2000
contains the following policies relevant to archaeology:
Policy CH.1O - Planning permission will not be
granted for development that does not physically preserve in situ
Scheduled Ancient Monuments, or any other sites which may be of
national importance, and their archaeological settings.
Policy CH.11 - Development which would harm
important archaeological remains or their settings, including sites
of Particular Archaeological Importance as defined on the Proposals
Map, will not be permitted unless the importance of the development
and the need for the development in that particular location
outweighs the significance of the remains. In such cases,
where the physical preservation in situ of these remains is not
justified, development will only be permitted if appropriate and
satisfactory arrangements have been made for excavation and
recording and publication of results.
3.3 Bath & North East Somerset Local
Plan including waste and minerals policies Revised Deposit Draft
2003 as approved for used for Development Control purposes contains
the following policies:
Policy BH.11 – Development which would
adversely affect Scheduled Ancient Monuments or any other sites of
national importance, and their settings and does not preserve such
sites in situ will not be permitted.
Policy BH.12 – Development which would harm
important archaeological remains or their settings outside the
scope of Policy BH.11 will not be permitted unless the adverse
impact of the development proposal on the remains can be
mitigated.
Policy BH.13 – Development which adversely
affects significant archaeological remains within Bath will not be
permitted unless the preservation in situ of these remains can be
achieved through a detailed design and construction
scheme.