INTRODUCTION
12.01 The City of Bath has been inscribed on
the UNESCO list of World Heritage Sites. This inscription
covers the whole City, and Bath is the only city in the United
Kingdom to be included in the list. The inclusion affirms
Bath's exceptional and universal value as a cultural site.
The UNESCO accolade places an obligation on the City Council to
maintain rigorously its conservation policies. It serves as a
stimulus to re-affirm the Council's conservation objectives and its
philosophy for the conservation of the City. The Council will
regard the status of a World Heritage Site as a key material
consideration in determining planning applications, and
applications for permission for development affecting a listed
building or its setting or the character or appearance of the
conservation area.
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12.02 |
POLICY C1 |
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THE CITY COUNCIL WILL REGARD THE INCLUSION OF THE CITY OF
BATH ON THE UNESCO LIST OF WORLD HERITAGE SITES AS A KEY MATERIAL
CONSIDERATION IN DETERMINING PLANNING APPLICATIONS, AND THOSE FOR
DEVELOPMENT AFFECTING LISTED BUILDINGS AND THEIR SETTING IN THE
CONSERVATION AREA.
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12.03 Bath is one of the most important
historic cities in the country. Its fine architecture
contributes much to the City's attractive environment, and is a
major responsibility for the City Council in that the historic
buildings, their setting and the surrounding landscape and trees
need special care and attention. Within Bath, there are
around 5,000 listed buildings. A considerable building team,
from stone masons and craftsmen to architects, surveyors and other
experts, are employed in caring for this historic fabric. The
repair, maintenance and conservation of the existing buildings, the
care and protection of their environs and promotion of various
environmental improvements are an essential part of the
conservation of Bath.
DESIGN
12.04 The design of new development in
all areas of Bath should be of a high standard. Generally,
the quality of the built environment in the area is high, and there
is a need that this quality should be maintained and, where
appropriate, enhanced. The appearance of new development and
its relationship to its surroundings are important
considerations. New buildings or extensions should not be
designed in isolation without regard to neighbouring
buildings. Bath is largely surrounded by hills, and therefore
consideration of the relationship of a development to its
surroundings may often include careful analysis of established
views, roof treatment and landmark buildings. New development
may provide opportunities for environmental and landscape benefits
to an area, around and between buildings, such as landscaped
areas.
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12.05 |
POLICY C2 |
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THE CITY COUNCIL WILL REQUIRE DEVELOPMENT TO BE OF A HIGH
STANDARD OF DESIGN, AND SENSITIVE TO AND COMPATIBLE WITH THE SCALE,
HEIGHT, BULK AND CHARACTER OF THE SURROUNDINGS.
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THE CONSERVATION AREA
12.06 There are powers available to
enable the City Council to protect, conserve and enhance the
historic buildings and landscape setting of the City. The
City Council will pursue policies which are concerned with the
proper maintenance, repair and preservation of buildings,
enhancement of the environment, controlling any potential new
development which would detract from the character and setting of
historic buildings, the character and appearance of the
conservation area and that of the City as a whole.
12.07 Section 72 of the Planning
(Listed Buildings and Conservation Areas) Act 1990 imposes a duty
on the local planning authority in the exercise of any powers under
the Planning Acts and Part 1 of the Historic Buildings and Ancient
Monuments Act 1953, to pay special attention to the desirability of
preserving or enhancing the character or appearance of a
conservation area. The City Council will regard these matters
as a material consideration of importance when responding to
proposals for development within or affecting the conservation
area.
12.08 It is a duty of the local
planning authority from time to time to review the conservation
area boundary and to determine whether further parts should be
designated. The local planning authority should also
formulate and publish guidelines for the preservation and
enhancement of the conservation area and its character. The
character of the conservation area derives not only from buildings,
but also from street patterns, building lines, spaces, ground
surfaces, landscaping and other essential features.
Architectural details on buildings make an important contribution
to the character and appearance of the area, and roofscapes are
important aspects of views into and across the City. Certain
skyline features, such as church towers and spires, are dominant
and established features and should remain so.
12.09 Designation statements form an
important basis for the application of policy across conservation
areas. Bath City Council is carrying out revision of the
current description, drawing together the analysis of sub-areas to
form a full picture of the character and appearance of the
conservation area. Community participation in the assessment
process will help to establish priorities for future enhancement
schemes. The analysis of the conservation area will provide
the baseline from which a high standard of building design will be
required throughout the City.
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Proposals Map |
12.10 |
POLICY C3 |
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THE CITY COUNCIL WILL PAY SPECIAL ATTENTION TO THE
DESIRABILITY OF PRESERVING OR ENHANCING THE CHARACTER OR APPEARANCE
OF ALL OR PART OF THE CONSERVATION AREA, AS SHOWN ON THE PROPOSALS
MAP, THROUGH ITS POLICIES AND THEIR IMPLEMENTATION.
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12.11 |
POLICY C4 |
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IN CONSIDERING DEVELOPMENT PROPOSALS WITHIN OR AFFECTING THE
CONSERVATION AREA, THE CITY COUNCIL WILL SEEK TO ENSURE THAT ALL
PROPOSALS PRESERVE OR ENHANCE THE CHARACTER OR APPEARANCE OF THE
AREA, IN TERMS OF SIZE, FORM, POSITION, SCALE, MATERIALS, DESIGN
AND DETAILING. PARTICULAR CONSIDERATION WILL BE GIVEN TO THE
FOLLOWING:- |
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I) THE RETENTION OF BUILDINGS, GROUPS OF
BUILDINGS, EXISTING STREET PATTERNS, SPACES, BUILDING LINES AND
ROUND SURFACES;
II) THE RETENTION OF ARCHITECTURAL FEATURES WHICH
CONTRIBUTE TO THE CHARACTER OF THE AREA, INCLUDING BOUNDARY
WALLS;
III) THE IMPACT OF THE PROPOSED DEVELOPMENT ON THE
TOWNSCAPE, ROOFSCAPE, MASSING AND RELATIVE SCALE AND IMPORTANCE OF
BUILDINGS IN THE AREA;
IV) THE NEED TO PROTECT EXISTING TREES AND LANDSCAPE
WHICH CONTRIBUTE TO THE CHARACTER OR APPEARANCE OF THE CONSERVATION
AREA;
V) THE REMOVAL OF UNSIGHTLY AND INAPPROPRIATE
FEATURES; AND
VI) THE NEEDS OF PEOPLE WITH DISABILITIES FOR ACCESS TO
ALL BUILDINGS.
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12.12 The City Council will continue to
promote environmental improvements to enhance the character or
appearance of the conservation area, and will seek to encourage
landowners, developers, amenity and residents societies to
undertake improvements in appropriate circumstances. The City
Council will continue to reinforce its commitment to the
preservation or enhancement of the character or appearance of the
conservation area by directing grant aid towards historic buildings
and landscape.
12.13 The City Council will consider
making Directions under Article 4 (2) of the Town and Country
Planning (General Permitted Development) Order 1995, to withdraw
permitted development rights for developments which materially
affect the external appearance of dwelling houses such as doors,
windows, roofs and frontages. There will be no requirement to
obtain the Secretary of State's approval for such Directions.
The City Council will also consider making Directions on other
aspects for which the Secretary of State's approval would be
required. The ongoing Character Assessment of the City may
indicate where Article 4 Directions will be necessary or
appropriate.
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12.14 |
POLICY C5 |
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THE CITY COUNCIL WILL CONSIDER MAKING DIRECTIONS UNDER
ARTICLE 4 (2) OF THE TOWN AND COUNTRY PLANNING (GENERAL PERMITTED
DEVELOPMENT) ORDER 1995 TO REMOVE PERMITTED DEVELOPMENT RIGHTS IN
PARTICULAR INSTANCES WHERE:-
I) DEVELOPMENT PERMITTED UNDER ARTICLE 3 OF THE ORDER
IS CONSIDERED TO CONSTITUTE A THREAT TO THE CHARACTER OR APPEARANCE
OF THE CONSERVATION AREA; OR,
II) THE GIVING OF A DIRECTION IS CONSIDERED TO BE A NECESSARY
ADJUNCT TO THE CITY COUNCIL'S CONSERVATION PROGRAMME.
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12.15 The City Council will exercise
special care in considering proposals for the demolition of all or
part of an unlisted building in the conservation area. The
City Council will only grant planning permission for development
involving demolition in a conservation area where neither the
character nor appearance of the conservation area will be
harmed. Consent for demolition will normally be given only
where there are acceptable and detailed plans of a scheme for
redevelopment of the site. In accordance with Section 17(3)
of the Planning (Listed Buildings and Conservation Areas) Act 1990,
a condition may be imposed on any grant of listed building consent
or conservation area consent to seek to ensure that an acceptable
scheme for redevelopment immediately follows demolition.
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12.16 |
POLICY C6 |
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THE CITY COUNCIL WILL GRANT PLANNING PERMISSION FOR
DEVELOPMENT INVOLVING DEMOLITION IN A CONSERVATION AREA WHERE
NEITHER THE CHARACTER NOR APPEARANCE OF THE AREA WILL BE
HARMED. WHEN CONSIDERING SUCH PROPOSALS, THE CITY COUNCIL
WILL PAY PARTICULAR REGARD TO THE CONTRIBUTION OF THE STRUCTURE TO
BE DEMOLISHED TO THE CHARACTER OR APPEARANCE OF THE CONSERVATION
AREA. WHERE THE STRUCTURE MAKES A POSITIVE CONTRIBUTION TO
THE CHARACTER OR APPEARANCE OF THE CONSERVATION AREA, THE CITY
COUNCIL WILL TAKE ACCOUNT OF:
i) WHETHER IT IS CAPABLE OF RETENTION
OR REPAIR FOR A BENEFICIAL USE; AND
ii) WHETHER THE PROPOSED REPLACEMENT, IF
ANY, WOULD MAKE A SIMILAR OR GREATER POSITIVE CONTRIBUTION TO
PRESERVATION OR ENHANCEMENT OF THE CHARACTER OR APPEARANCE OF THE
AREA;
WHERE IT IS IMPORTANT FOR THE CHARACTER OR APPEARANCE OF THE
CONSERVATION AREA THAT THE STRUCTURE BE REPLACED OR THE SITE
LANDSCAPED, ANY CONSENT INVOLVING DEMOLITION WILL BE SUBJECT TO A
CONDITION THAT THE BUILDING SHALL NOT BE DEMOLISHED UNTIL A
CONTRACT FOR ACCEPTABLE NEW WORK HAS BEEN MADE.
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12.17 Government advice recognises that
it may be inappropriate to grant outline planning permission in the
conservation area without full details with which to assess the
extent to which the proposed development will preserve or enhance
the character or appearance of the conservation area. The
City Council supports this approach. In some cases, the
preparation of fully detailed plans may be unnecessarily
burdensome, but where it appears to the City Council that the
impact of a development proposals is likely to be particularly
significant, or if it is not possible to assess its impact from the
details submitted, a full application will be required.
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12.18 |
POLICY C7 |
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APPLICATIONS FOR PLANNING PERMISSION IN OUTLINE FOR
DEVELOPMENT WITHIN OR AFFECTING CONSERVATION AREAS WILL NOT
NORMALLY BE ACCEPTABLE. THE CITY COUNCIL WILL REQUIRE
APPLICANTS TO PROVIDE SUFFICIENT INFORMATION ABOUT THE PROPOSED
DEVELOPMENT AND ITS IMMEDIATE SETTING, SUCH AS DESIGN, MASSING,
SITING AND LANDSCAPING, TO ENABLE IT PROPERLY AND FULLY TO ASSESS
THE IMPACT OF THE PROPOSAL ON THE CHARACTER OR APPEARANCE OF THE
RELEVANT PART OF THE CONSERVATION AREA.
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12.19 The character or appearance of
the conservation area can be considerably affected by items of
street furniture, such as direction signs, seats and litter
bins. The City Council considers that careful attention to
detail and construction materials of such items is essential in
order to protect the character or appearance of the conservation
area.
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12.20 |
POLICY C8 |
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THE CITY COUNCIL WILL NORMALLY GRANT PERMISSION FOR PROPOSALS
FOR STREET FURNITURE PROVIDING THEY ARE OF A HIGH STANDARD OF
DESIGN AND UTILISE APPROPRIATE MATERIALS.
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12.21 Road traffic signs, parking signs
and street markings can have a detrimental effect on the character
and appearance of the conservation area. The City Council
will encourage Avon County Council to facilitate the use of more
sensitive signs and markings, as has been achieved, for example by
the removal of yellow lines from Abbey Green and Bath Street.
Duplication and excessive use of signs and posts leads to
unnecessary clutter.
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12.22 |
POLICY C9 |
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THE CITY COUNCIL WILL WORK WITH AVON COUNTY COUNCIL TO OBTAIN
FURTHER TRAFFIC ORDERS AND STREET MARKINGS WHICH ARE OF AN
APPROPRIATE CHARACTER AND QUALITY, AND TO AVOID UNNECESSARY
DUPLICATION OF SIGNS AND POSTS.
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12.23 The Proposals Map shows the
conservation area boundary, and Policy C10 allows for this boundary
to be reviewed. The Listed Buildings Review may indicate that
a further revision of the boundary is necessary.
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Proposals Map |
12.24 |
POLICY C10 |
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THE CITY COUNCIL WILL REVIEW THE BOUNDARY AND EXTENT OF THE
CONSERVATION AREA IN THE LIGHT OF THE COMPLETED REVIEW OF LISTED
BUILDINGS.
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LISTED BUILDINGS
12.25 The list of Buildings of Special
Architectural or Historic Interest has been updated in the past,
and occasionally buildings are 'spot listed'. However, the
early lists are out of date with some descriptions of the buildings
in need of expansion. The City Council will, subject to
resources being available, endeavour to review the list of
Buildings of Special Architectural or Historic Interest under the
supervision of English Heritage for submission for approval by the
Secretary of State.
12.26 The City Council's responsibility
to protect listed buildings and improve the environment extends
further than the designated conservation area. There are
around 5,000 listed buildings within the City of Bath. The
Council considers that their preservation, protection and correct
maintenance is essential. Where proposals require listed
building consent, the City Council under Section 16(2) of the
Planning (Listed Buildings and Conservation Areas) Act 1990 shall
have special regard to the desirability of preserving the building
or its setting, or any feature of special architectural or historic
interest which it possesses. Listed buildings are a finite
and non-renewable resource. The presumption will be in favour
of the preservation of listed buildings. Permission for
development affecting listed buildings and their settings will only
be granted where a strong case can be made for doing so. To
enable the City Council to assess fully the effect of such
proposals, full detailed plans will be required.
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12.27 |
POLICY C11 |
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THE CITY COUNCIL WILL NORMALLY ONLY GRANT PERMISSION FOR
DEVELOPMENT PROPOSALS WHICH PRESERVE BUILDINGS OF SPECIAL
ARCHITECTURAL OR HISTORIC INTEREST, THEIR SETTINGS AND ANY FEATURES
OF SPECIAL ARCHITECTURAL INTEREST WHICH THEY MAY POSSESS.
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12.28 It is recognised that repair,
alteration and extension to listed buildings are sometimes
necessary to adapt a building. However, preservation of the
original fabric is always important for listed buildings.
Where they are of architectural or historic interest, the
presumption will be in favour of retaining all original internal
and external features such as fireplaces, windows (including
shopfronts), external and internal doors, panelling, window boxes
and shutters, staircase balustrades and other features of
importance. Any work must relate sensitively to the original
building and will require craftsmanship and professional skill of a
high standard. In almost all cases the materials used for
alterations, extensions and repairs should match the
original. The original plan forms of a listed building are
important and should not be compromised by unsympathetic additions
or alterations. The City Council will look favourably on
proposals for conversion of listed buildings which do not adversely
affect the internal appearance of important rooms and spaces,
particularly at ground and first floor level. Lateral
conversions may be acceptable where this would secure residential
use of upper floors above commercial premises (see Policy
H10). In considering proposals to alter listed buildings, the
City Council will encourage the removal of later inappropriate
additions and alterations.
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H10 |
12.29 |
POLICY C12 |
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IN CONSIDERING AN APPLICATION FOR PERMISSION FOR DEVELOPMENT
AFFECTING A LISTED BUILDING AND ITS SETTING, THE CITY COUNCIL WILL
TAKE ACCOUNT OF THE FOLLOWING:
i) A GENERAL PRESUMPTION
IN FAVOUR OF THE PRESERVATION OF THE LISTED BUILDING;
ii) THE IMPORTANCE OF THE
BUILDING, ITS INTRINSIC ARCHITECTURAL AND HISTORIC INTEREST AND
RARITY;
iii) THE EFFECT OF THE APPLICATION ON
ANY PARTICULAR FEATURES OF THE BUILDING WHICH JUSTIFY ITS
LISTING;
iv) THE BUILDING'S CONTRIBUTION TO
THE LOCAL SCENE AND ITS ROLE AS PART OF AN ARCHITECTURAL
COMPOSITION;
v) THE CONDITION OF THE
BUILDING AND THE COST OF REPAIR;
vi) THE ADEQUACY OF EFFORTS MADE TO
RETAIN THE BUILDING IN USE; AND
vii) THE MERITS OF ALTERNATIVE
PROPOSALS.
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R8, H10 |
12.30 |
POLICY C13 |
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THE CITY COUNCIL WILL NOT GRANT PERMISSION FOR DEVELOPMENT
INVOLVING ALTERATIONS AND ADDITIONS AFFECTING LISTED BUILDINGS OR
THEIR SETTINGS UNLESS:
i) ORIGINAL ARCHITECTURAL
FEATURES, AND LATER FEATURES OF INTEREST, BOTH INTERNAL AND
EXTERNAL WOULD BE RETAINED;
ii) ALTERATIONS AND ANY
ADDITIONS WOULD BE IN KEEPING WITH THE STYLE OF THE
ORIGINAL BUILDING;
iii) PRINCIPAL ROOMS AND OTHER AREAS
IDENTIFIED AS CONTRIBUTING TO THE SPECIAL INTEREST OF THE BUILDING
WOULD BE RETAINED; AND
iv) THE INTEGRITY, THE ORIGINAL PLAN
FORM AND STRUCTURE OF THE BUILDING AND THE MAIN STAIRCASE WOULD BE
RETAINED, EXCEPT WHERE LATERAL CONVERSION IS PUT FORWARD AS PART OF
THE “LIVING OVER THE SHOP” INITIATIVE.
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DEMOLITION
12.31 The City Council has control over
the proposed demolition of all listed buildings. The general
presumption is that all buildings which are listed will be
preserved because of their architectural and/or historic
importance. With regard to total or substantial demolition
every possible effort should be made to continue the present use or
find a suitable alternative use for the building. The
applicant would also need to demonstrate that all practical
attempts to save and refurbish the building have been
explored. Consent involving demolition will not normally be
granted in the absence of detailed and acceptable proposals for a
scheme for redevelopment. The City Council will need to be
convinced that the freehold of the building has been offered for
sale on the open market without unnecessary restrictive covenants
for a reasonable length of time. There may, however, be a few
exceptional cases where the balance of needs, on planning grounds
and the comparative quality of the existing and proposed building
are such that consent involving demolition or part demolition may
be granted subject to any necessary approval by the Secretary of
State. Such acceptable demolition may be an essential part of
a scheme for conservation or improvement which will ensure the
continued viability of the building and will either enhance or
leave the listed building unaffected. An appropriate
condition is likely to be imposed on the grant of listed building
consent to seek to ensure that an acceptable redevelopment scheme
immediately follows demolition.
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12.32 |
POLICY C14 |
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THE CITY COUNCIL WILL NOT GRANT PERMISSION FOR DEVELOPMENT
INVOLVING THE TOTAL OR SUBSTANTIAL DEMOLITION OF A LISTED BUILDING
UNLESS OVERRIDING ENVIRONMENTAL, ECONOMIC OR PRACTICAL REASONS
EXIST IN FAVOUR OF DEMOLITION AND EVERY POSSIBLE EFFORT HAS BEEN
MADE TO CONTINUE THE PRESENT USE OR TO FIND A SUITABLE ALTERNATIVE
USE FOR THE BUILDING.
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12.33 |
POLICY C15 |
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THE CITY COUNCIL WILL NOT GRANT PERMISSION FOR DEVELOPMENT
INVOLVING DEMOLITION OF A LISTED BUILDING OR REMOVAL OF ANY
INTERNAL OR EXTERNAL FEATURE UNLESS FEATURES OF ARCHITECTURAL OR
HISTORIC IMPORTANCE WILL NOT BE ADVERSELY AFFECTED OR IT IS
ESSENTIAL TO SECURE THE ECONOMIC USE AND CONSEQUENT PRESERVATION OF
THE BUILDING.
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12.34 |
POLICY C16 |
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PERMISSION FOR DEVELOPMENT INVOLVING TOTAL OR PARTIAL
DEMOLITION OF A LISTED BUILDING WILL NOT BE GRANTED UNLESS AN
ACCEPTABLE SCHEME FOR REDEVELOPMENT OR REPARATION HAS BEEN
SUBMITTED, AND WILL BE SUBJECT TO A CONDITION THAT A CONTRACT FOR
THE WORK FOR AN ACCEPTABLE SCHEME SHALL HAVE BEEN ENTERED INTO
BEFORE DEMOLITION IS COMMENCED.
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CHANGE OF USE
12.35 As outlined in PPG15 'Planning
and the Historic Environment' (September 1994), the best way to
secure the upkeep of historic buildings and areas is to keep them
in active use. It is accepted that the best use for the
building will often be that for which it was originally designed,
and the continuation or reinstatement of that use should be the
first option for the future of the building, particularly if that
use was residential. Judging the best use for a building
requires balancing the economic viability of possible uses against
the effect of any changes that use will entail in the special
architectural or historic interest of the building in
question. This may not necessarily be the most profitable use
if that would involve destructive alterations.
12.36 The implication of complying with
other requirements e.g. fire safety, will be taken into account in
determining applications for change of use. In exceptional
cases, it may be possible to seek relaxations in statutory
requirements or Council policy in order to achieve a new use and
ensure a building's survival.
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H8, H10, H14, |
12.37 |
POLICY C17 |
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R8, V4, C11 |
IN CONSIDERING PROPOSALS FOR THE CHANGE OF USE OF LISTED
BUILDINGS, THE CITY COUNCIL WILL ASSESS WHETHER THE CHANGE OF USE
WOULD RESULT IN AN ECONOMICALLY VIABLE USE AND WILL TAKE ACCOUNT
OF:
i) WHETHER THERE IS A REALISTIC PROSPECT
FOR CONTINUATION OR REINSTATEMENT OF THE USE FOR WHICH THE BUILDING
WAS ORIGINALLY DESIGNED;
ii) THE IMPACT OF THE PROPOSED USE ON THE FABRIC,
INTERIOR AND SETTING OF THE LISTED BUILDING AND ON THE CHARACTER OF
THE SURROUNDING AREA AND, IF A RESIDENTIAL AREA, ON THE AMENITIES
OF LOCAL RESIDENTS;
iii) THE RELATIVE IMPACT OF OTHER ECONOMICALLY VIABLE
USES; AND
iv) COMPATIBILITY OF THE PROPOSAL WITH POLICY
H8.
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MAINTENANCE
12.38 The legislation places an
obligation upon those who own or manage listed buildings to ensure
they are adequately maintained. The City Council fully
recognises its own responsibilities in this respect, and in
addition will monitor regularly the listed buildings in the City to
determine those which are in disrepair or otherwise under
threat. The City Council will in appropriate circumstances
use all available powers to seek to secure the proper repair,
maintenance and preservation of such buildings. The City
Council will reinforce its statutory duty of control by offering or
obtaining grant aid and advice where possible, in order to
encourage owners to properly repair, maintain and preserve the
character of listed buildings. In particular, the City
Council will continue to give grants, in conjunction with English
Heritage, for repairs and reinstatement of architectural features
to listed buildings. Grants will be targeted to meet
conservation objectives.
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12.39 |
POLICY C18 |
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WHERE IT APPEARS THAT REASONABLE STEPS ARE NOT BEING
TAKEN TO PRESERVE A LISTED BUILDING, THE CITY COUNCIL
WILL:-
i) OFFER ADVICE AND/OR
GRANT-AID WHERE APPROPRIATE; AND
ii) WHERE SUCH MEANS DO NOT
SUCCEED, CONSIDER EITHER CARRYING OUT ESSENTIAL REPAIRS ITSELF
AND/OR ACQUIRING THE PROPERTY COMPULSORILY AND SECURING ITS
RESTORATION AS APPROPRIATE.
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SETTING
12.40 Where an application for planning
permission affects a listed building or its setting, the City
Council must have special regard to the desirability of preserving
the building or its setting, or any features of special
architectural or historic interest which it possesses. Where
an application for a change of use affects a listed building or its
setting, the City Council will normally require sufficient
additional information to consider the full effect of the proposed
change of use on the character and setting of the building to be
considered.
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12.41 |
POLICY C19 |
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THE CITY COUNCIL WILL NOT GRANT PLANNING PERMISSION FOR
PROPOSALS WHICH ADVERSELY AFFECT A LISTED BUILDING OR ITS SETTING,
OR ANY FEATURES OF ARCHITECTURAL OR HISTORIC INTEREST IT MAY
POSSESS.
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12.42 |
POLICY C20 |
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THE CITY COUNCIL WILL REQUIRE ANY PROPOSAL WHICH AFFECTS A
LISTED BUILDING OR ITS SETTING, TO BE ACCOMPANIED BY SUFFICIENT
ADDITIONAL INFORMATION TO ENABLE THE EFFECT OF THE PROPOSALS ON THE
CHARACTER AND SETTING OF THE LISTED BUILDING TO BE FULLY
CONSIDERED.
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SHOPFRONTS
12.43 A shopfront should not be
designed in isolation, but conceived as part of the whole building
into which it is fitted. The highest standards of shopfront
design, materials and workmanship will be expected. To enable
the City Council to assess fully the effect of any proposed works,
full details will be required indicating the design and materials
of the shopfront and its relationship to the building and its
setting. The installation of a new shopfront often provides
an opportunity to enhance a conservation area by replacing
inappropriate shopfronts to more adequately reflect the appearance
of the building and the streetscape. The City Council has
published a survey record of important shopfronts of particular
interest and has also issued supplementary guidance ('Bath
Shopfronts Guidelines for Design and Conservation', 1993 and
accompanying leaflet) for those wishing to design or alter a
shopfront. In the conservation area, the removal of existing
shopfronts will normally require conservation area consent, and in
all cases of listed buildings, they will require listed building
consent.
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12.44 |
POLICY C21 |
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THE CITY COUNCIL WILL NORMALLY GRANT PERMISSION FOR PROPOSALS
TO PROVIDE A NEW SHOPFRONT OR ALTER AN EXISTING SHOPFRONT
WHERE:
i) THE PROPOSAL IS
DESIGNED AND DETAILED SO THAT THE GROUND FLOOR RELATES
SATISFACTORILY TO THE ELEVATIONAL DESIGN OF THE UPPER PARTS OF THE
BUILDING, AND WHERE APPROPRIATE, MAKES ADEQUATE EXTERNAL PROVISION
FOR PEOPLE WITH DISABILITIES AND THE MOBILITY IMPAIRED; AND
ii) FULL DETAILED PLANS ARE
PROVIDED SHOWING THE EXISTING AND PROPOSED SHOPFRONT, AND ITS
RELATIONSHIP TO THE WHOLE FACE OF THE BUILDING AFFECTED, AND ANY
IMMEDIATE ADJACENT BUILDING.
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ADVERTISEMENTS
12.45 There is sometimes a conflict
between the appearance of a building, structure or place and
commercial pressures for advertising. Signs and
advertisements are important to commercial areas, being both
informative and often adding interest and vitality to the street
scene. Despite this the City Council also considers the
preservation of the quality and appearance of the environment to be
of greater importance, and that there should be positive restraint
on inappropriate or insensitive advertisements. An
advertisement, by design, positioning, choice of materials, colour,
proportion or illumination can have a seriously detrimental effect,
including a cumulative effect on the surroundings, design and
appearance of the building. The presence of listed buildings
or location within the conservation area will be relevant
considerations. The City Council will ensure that
advertisements, where permitted, are of modest size and their
design and materials complement the character of the building and
the area. In particular, the City Council considers that
designers should be prepared to compromise on matters of
"corporate" design where necessary in the sensitive or historic
areas of Bath.
12.46 Normally, internally illuminated
box fascias and projecting signs will not be appropriate in
conservation areas. The City Council will be particularly
concerned to protect residential amenities including properties on
the fringe of commercial centres, and to improve the approaches to
the City Centre along main radial roads. The City Council
will not normally permit the provision of illuminated signs on or
within listed buildings. Almost all advertisements on listed
buildings will constitute an alteration to the building and
therefore will require listed building consent.
12.47 In addition, the City Council
will expect that advertisements do not adversely affect any form of
traffic, including pedestrians, or other public safety, for
instance where it will cause obstruction to the public highway or
result in glare or dazzle.
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12.48 |
POLICY C22 |
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THE CITY COUNCIL WILL NOT GRANT CONSENT FOR ADVERTISEMENTS
IF:
i) BY REASON OF DESIGN,
POSITIONING, MATERIALS, PROPORTION OR ILLUMINATION THEY WOULD BE
DETRIMENTAL TO THE APPEARANCE OF A BUILDING OR TO THE STREET SCENE;
AND
ii) THEY WOULD ADVERSELY AFFECT
PUBLIC SAFETY.
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ADVERTISEMENT HOARDINGS, PANELS AND OTHER STREET
FEATURES
12.49 There are a number of
advertisement hoardings in the City controlled under the Town and
Country Planning (Control of Advertisements) Regulations
1990. Where these are used to screen a vacant site as a
short-term measure, they are acceptable. However, as a
permanent feature, they should not be encouraged as they can
contribute to the "neglected or second-class" impression of their
location. In addition, it is intended to bring forward
detailed supplementary guidance on satellite communication dishes,
street illumination and advertising.
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C9 |
12.50 |
POLICY C23 |
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THE CITY COUNCIL WILL:-
i) REVIEW ALL EXISTING
ADVERTISING HOARDINGS AND PANELS. WHERE ADVERTISEMENTS WHICH
THE COUNCIL CONSIDER UNSATISFACTORY ARE BEING DISPLAYED, THE CITY
COUNCIL WILL CONSIDER TAKING THE APPROPRIATE COURSE OF ACTION TO
SECURE THEIR REMOVAL; AND
ii) GRANT CONSENT FOR THE
DISPLAY OF ADDITIONAL HOARDINGS AND PANELS ONLY IN PREDOMINANTLY
COMMERCIAL OR INDUSTRIAL LOCATIONS, WHERE THE AMENITIES OF ANY
NEARBY RESIDENTS WILL NOT BE AFFECTED ADVERSELY, AND WHERE THE
DISPLAY ITSELF PRESERVES OR ENHANCES THE CHARACTER OR APPEARANCE OF
THE AREA.
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EYESORES
12.51 There are opportunities and a
need to enhance or improve the existing environment. Where
appropriate, the City Council will try to secure grant aid for such
improvements.
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E7 |
12.52 |
POLICY C24 |
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THE CITY COUNCIL WILL ENDEAVOUR TO SECURE THE REMOVAL OR
ACCEPTABLE AMENDMENT OF ANY EYESORE WHICH DETRACTS FROM THE
CHARACTER OF OR CAUSES A NUISANCE IN ITS AREA.
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IMPROVEMENT WORK
12.53 An important aspect of the
character of an area stems from the treatment of the boundary
walls, railings, fences and the materials and surface finishes to
paved areas, steps and so on. The City Council will wish to
see such existing materials retained or re-used as part of a new
development where they make a positive contribution to the
character and appearance of the area.
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12.54 |
POLICY C25 |
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THE CITY COUNCIL WILL NORMALLY GRANT PERMISSION FOR NEW OR
REPLACEMENT WALLS, FENCES AND RAILINGS AND PAVED AREAS OR OTHER
SURFACE TREATMENT WHICH DO NOT DAMAGE THE CHARACTER OR APPEARANCE
OF THE AREA, AND WHERE APPROPRIATE, WILL REQUIRE THE RETENTION OR
RE-USE OF EXISTING MATERIALS WHICH CONTRIBUTE TO THE CHARACTER OR
APPEARANCE OF THE AREA.
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12.55 The City Council has grant aided
the repair of historic buildings within the City since 1955.
In recent years, the City Council in partnership with English
Heritage has grant aided the repair of listed buildings within the
conservation area.
12.56 In addition, the City Council has
undertaken a programme of conservation work. Works for the
repair of the basic structure and fabric of a building are eligible
for grant aid. Grants are not given automatically, and remain
at the discretion of the City Council, which reserves the right to
establish priorities and to decide which buildings and what work is
eligible for grant. Major repair work of an essential nature
will always take priority.
12.57 Landscape works may include tree
planting, redesigning small open spaces, opening up views and
improving materials and hard surfaces. The City Council is
aware there are further areas which merit consideration for
conservation, environmental and landscape improvement works.
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T4, L7, |
12.58 |
POLICY C26 |
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L19, C11 |
THE CITY COUNCIL WILL PREPARE A PROGRAMME OF CONSERVATION,
ENVIRONMENTAL AND LANDSCAPE IMPROVEMENT WORKS IN THE FOLLOWING
AREAS AS SHOWN ON THE PROPOSALS MAP:
i) LONDON
ROAD;
ii) CORRIDOR,
NORTHUMBERLAND PLACE;
iii) LOWER LANSDOWN AREA;
iv) THE SOUTHERN EDGE TO THE CENTRAL
AREA, INCLUDING WIDCOMBE;
v) MAIN
APPROACHES INTO THE CITY;
vi) THE RAIL CORRIDOR;
vii) LOWER BRISTOL
ROAD;
viii) LOCKSBROOK ROAD;
ix) PENNYQUICK TO GLASSHOUSE ON ODD
DOWN; AND
x) TWERTON HIGH STREET;
AND WILL ENCOURAGE ALL PROPOSALS FOR IMPROVEMENTS IN THESE
AREAS.
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ARCHAEOLOGY AND ANCIENT MONUMENTS
12.59 The Hot Springs have always been
a source of attraction, and contribute to Bath's uniqueness.
The modest scale and extent of the springs belie their importance
on a national level as its archaeological remains reflect.
These include major and well-preserved Roman monuments,
unparalleled in Britain, as well as substantial remains elsewhere
in the City; buried deposits from the Saxon period when Bath played
an important role in the establishment of Anglo-Saxon England;
major ecclesiastical remains from the middle ages and the town they
dominated; and remains from other periods, such as the 18th
century, where archaeology can still have much to contribute.
The preservation of this heritage, above and below ground, as
fragile evidence of Bath's distinctive past is of national and
international importance. This is reflected in the relatively
large areas designated as Scheduled Ancient Monuments, the large
number of buildings listed as of architectural or historic
interest, and in the designation of the City as a whole as a UNESCO
World Heritage Site.
12.60 Archaeological remains should be
seen as a finite and non-renewable resource, and in many cases,
highly fragile and vulnerable to damage and destruction.
Appropriate management is therefore essential to ensure that the
City's archaeology survives in good condition, and care is taken to
see it is not needlessly destroyed. The City Council will
seek to ensure the protection, enhancement and preservation of
sites of archaeological interest and their settings. Where
nationally important archaeological remains, whether scheduled
monuments or not, and/or their settings are considered to be
adversely affected by proposed development, there will be a
presumption in favour of their physical preservation. In
addition, archaeological remains of more regional or local
importance may also be identified as worthy of similar
preservation.
12.61 The City Council acknowledges,
however, that it will not be feasible to save all archaeological
remains within the City. Where the significance of a site of
archaeological interest, when weighed against all other material
considerations is deemed not sufficient to justify preservation
"in-situ", an archaeological investigation (including excavation or
survey as appropriate) for the purposes of preservation by record
may be considered an acceptable alternative. The results and
finds from archaeological investigations also need to be analysed,
interpreted, presented to the public, and curated for future
use.
12.62 Under the Ancient Monuments and
Archaeological Areas Act 1979, the Secretary of State has a duty to
compile and maintain a Schedule of Monuments. Nationally
important monuments and their settings, whether scheduled or not,
are considered by the City Council to merit physical
preservation. Bath contains a number of Scheduled
Monuments. The list of Scheduled Monuments in Bath (March
1992) is:
i) The
Roman Bath and site of Roman Town;
ii)
Wansdyke: section 1230 yd's (1120m), east from Burnt House Inn;
iii) Bath City
Walls;
iv) The
Eastgate; and
v)
Palladian Bridge, Prior Park.
12.63 To assist in identifying sites
which merit preservation, Avon County Council maintains a County
Sites and Monuments Record (SMR), which contains a range of
information including the type and distribution of known and
potential archaeological sites throughout the Local Plan
area. Where nationally important archaeological remains
(whether scheduled or not), and their settings are affected by
proposals, the City Council will consider whether there should be a
presumption in favour of their physical preservation. In
addition, the City Council will seek to implement a survey of the
City's archaeology to aid identification of known sites of
archaeological interest, and areas of high archaeological
potential.
12.64 To ensure that application
decisions are made from a position of knowledge the City Council
will, where appropriate, require information to be provided prior
to applications being determined in the form of an evaluation of
the archaeological importance of the site and the implications of
development upon that site and its setting. Once a monument
has been scheduled, Scheduled Monument Consent from the Secretary
of State is required before any works are carried out which would
affect the site. Where applications are submitted
simultaneously, the City Council will not normally determine a
planning application on a Scheduled Monument until the Secretary of
State has determined an application for Scheduled Monument
Consent.
12.65 When permitting development that
may adversely affect archaeological remains, the City Council will
ensure the preservation "in-situ" of the archaeological interest,
or that adequate arrangements are made to secure the compilation of
an appropriate archaeological record, before and during
development. This will be achieved either through voluntary
agreements, or by imposing conditions on planning consents.
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Proposals Map |
12.66 |
POLICY C27 |
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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.
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Proposals Map |
12.67 |
POLICY C28 |
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Appendix J
Map 9 |
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
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12.68 |
POLICY C29 |
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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
v) 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.
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SMOKE CONTROL
12.69 The City Council has completed a
rolling programme for smoke control in the City. Within this
area, smoke must not be discharged from chimneys, whether domestic
or industrial, although certain premises or furnaces (for example
industrial furnaces burning coal efficiently and with very little
smoke) may be exempt. As smoke is a principal cause of air
pollution and is harmful to health, and damages buildings, metals
and fabric, the City Council wishes to provide a more pleasant,
healthier and less costly place in which to live.
ENVIRONMENTAL POLLUTION
12.70 Recent research and experience
has highlighted the considerable damage to the City and its
residents which is attributable to environmental pollution.
The City Council will continue to monitor pollution levels and take
action wherever possible to ameliorate the effects of pollution,
and where appropriate, enforce national legislation and local codes
of practice to control environmental pollution.
12.71 Emissions from vehicles represent
the major environmental pollution challenge for the City over the
next decade. The effects of non-visible emissions from
vehicle engines and equipment for heating and powering buildings
clearly contributes to both local and global pollution. The
reduction in the lead content of petrol has contributed to a
reduction in lead pollution, but this benefit has, to some extent,
been wiped out by the increased volume of traffic flows.
European Community air quality standards for pollution levels have
been adopted for lead, sulphur dioxide, oxides of nitrogen and
others. Attention and research is now being focused on diesel
engine emissions.
12.72 Identification of current town
centre pollution types and levels is being addressed elsewhere in
the Council's activities. The maintenance of air quality
standards is in the interests of the health and well being of the
population. Furthermore, it spares the buildings from
discoloration and decay.
12.73 Land use and building design have
a direct effect on the consumption of fuel and energy, and are
closely linked with, and have a strong influence on traffic
generation. The City Council will encourage building designs
which will contribute to a reduction in the consumption of fuel and
energy.
12.74 The City Council will discourage
new developments that will disproportionally contribute to
increasing the volume of traffic flows within the city areas.
The City Council will actively encourage the use of alternative
transport schemes and designs which will contribute to the
reduction of vehicle pollution emissions and consumption of fuel
and energy.
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12.75 |
POLICY C30 |
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IN CONSIDERING APPLICATIONS FOR POTENTIALLY POLLUTING
DEVELOPMENT, THE CITY COUNCIL WILL TAKE ACCOUNT OF THE POSSIBLE
IMPACT OF EMISSIONS ON WATER, LAND OR AIR, OF NOISE, DUST,
VIBRATION, LIGHT OR HEAT. PERMISSION WILL BE REFUSED WHERE
POTENTIAL POLLUTION WOULD CONFLICT WITH THE CHARACTER OF THE
SURROUNDING AREA, AND THE POTENTIAL CONFLICTS CANNOT BE AVOIDED OR
CONTROLLED BY SUITABLY WORDED CONDITIONS.
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TELECOMMUNICATIONS DEVELOPMENT
12.76 The Government wishes to
facilitate the growth of telecommunications including cellular
radio and cable television and new forms of broadcasting.
PPG8 'Telecommunications' (December 1992), acknowledges the
planning system should take account of the need for
telecommunications networks to achieve comprehensive coverage to
operate effectively. However, this should not occur at the
expense of national heritage which should be preserved. The
growth of telecommunications should not mean that the appearance of
buildings, hill top sites, open countryside and some urban areas in
Bath be allowed to suffer serious damage.
12.77 The General Development Order
allows operators certain permitted development rights. Policy
C31 gives guidance in relation to larger forms of
telecommunications development requiring planning permission i.e.
radio base stations, satellite antennae.
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12.78 |
POLICY C31 |
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PLANNING PERMISSION WILL NOT BE GRANTED FOR
TELECOMMUNICATIONS DEVELOPMENT EXCEPT WHERE:-
i) THERE IS A PROVEN NEED FOR DEVELOPMENT
AS PART OF A NATIONAL NETWORK;
ii) IN THE CASE OF LARGE RADIO MASTS, THERE IS NO
REASONABLE POSSIBILITY OF ERECTING ANTENNAE ON AN EXISTING BUILDING
OR OTHER STRUCTURE; AND
iii) THE DEVELOPMENT CAN BE SITED AND DESIGNED SO THAT
ITS VISUAL IMPACT AND THE APPEARANCE OF BUILDINGS, HILL TOP SITES
AND OPEN COUNTRYSIDE WITHIN THE WORLD HERITAGE SITE IS
MINIMISED.
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SECURITY OF RETAIL AND COMMERCIAL PREMISES
12.79 The City Council recognises that
security is a concern for shopkeepers and owners of commercial
premises. However, the mounting of security measures on
existing shopfronts or on the facades of buildings, or their
inclusion in new shopfronts, can detract from the character and
appearance of the building and its architectural integrity, and can
have a wider impact on the streetscene. The City Centre is of
particular importance as a shopping and tourist attraction, popular
for daytime and evening walks, including window shopping. The
character and appearance of areas outside the City Centre are also
important, such as suburban shopping centres, which themselves
provide a focus to the neighbouring residential areas, many of
which are within the conservation area.
12.80 Solid security shutters normally
result in unattractive frontages, create a fortress-like
appearance, and prevent window shopping. These, and other
security measures, are often prominent and incongruous, and may
unacceptably affect the character and appearance of the area as
well as architectural features of the building.
12.81 Generally, external solid metal
shutters are unlikely to be appropriate on listed buildings or in
the conservation area. In considering planning applications
for security measures, it will be important to maintain access to
the upper floors of buildings, especially where separate access to
residential accommodation exists. Consideration should also
be given to matching the paint type to the existing shopfront.
12.82 In attempting to secure premises,
it is important for shopkeepers and applicants to consider, and be
aware of, all the possible options. To assist in this,
detailed shop security guidelines have been produced by the City
Council to advise shopkeepers and owners towards adopting
appropriate forms of security to their premises. The
implementation of Closed Circuit Television (CCTV) will increase
security in parts of the City Centre.
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12.83 |
POLICY C32 |
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THE CITY COUNCIL WILL GRANT PERMISSION FOR SECURITY FITTINGS
ON RETAIL AND COMMERCIAL PREMISES IN SHOPPING AREAS ONLY
WHERE:
i) THERE IS NO
SIGNIFICANT LOSS OF VISIBILITY INTO THE PREMISES;
ii) THE CHARACTER AND
APPEARANCE OF THE BUILDING, INCLUDING ANY IMPORTANT ARCHITECTURAL
FEATURES, ARE NOT DETRIMENTALLY AFFECTED; AND
iii) ACCESS TO ANY RESIDENTIAL USE
WITHIN THE BUILDING IS NOT SIGNIFICANTLY AFFECTED.
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Contents Page
