B&NES Local Plan Revised Deposit 2003 - C3 The built and historic environment

C3.1 One of the key objectives of sustainable development is effective protection of the environment and the prudent use of natural resources. This includes conservation and enhancement of the built and historic environment.

C3.2 The District's towns and villages are diverse in character reflecting their history, location and size. The character, layout and form of groups of buildings and streets and spaces make a significant contribution in engendering a sense of place and adding to the quality of life in town and country. The identity of settlements should be conserved and enhanced through regeneration, enhancement of the public realm and a high standard of new design.

C3.2 PPG15 ‘Planning and the Historic Environment’ emphasises the need for ‘Environmental Stewardship’ which involves the protection of all aspects of the historic environment. It describes how our historic buildings, landscapes and sites are an irreplaceable record of our past. They are a central part of our cultural heritage, sense of identity and contribute significantly to our quality of life.

C3.3 The District's landscape is the product of complex historic processes and past land-uses and therefore, in varying degrees, has historical importance. The Historic Environment forms a backdrop to everyday life and it is often the more 'ordinary' features that create local distinctiveness. The historic environment is of immense importance for the cultural and economic well-being of the nation. It is a source of livelihood and a generator of wealth and prosperity. The Local Plan will therefore seek not only to conserve our 'finest assets' but also to take account of the whole of the historic environment in the development process.

C3.4 The Council recognises that issues involving disabled access within the historic environment are becoming increasingly important. The care and protection of historic fabric may at times cause conflict. The Council will give every effort to reconcile these conflicts.

C3.5 The City of Bath was inscribed on the UNESCO (United Nations Educational, Scientific and Cultural Organisation) List of World Heritage Sites in December 1987.

C3.6 Inclusion on the List of ~~The~~ World Heritage Sites ~~inscription~~ is recognition of the universal value of Sites, meaning that their conservation and continuity are of concern to all. Bath is considered to be of outstanding ~~universal value~~ importance for the purposes of the World Heritage Convention because it fulfils three of the six criteria plus a further two criteria that all sites have to fulfil from the Guidelines prepared by the World Heritage Committee:

C3.7 The nomination for ~~designation~~ inscription included the following grounds: ‘a city of international importance for its contribution to the art of urban design, for its architectural quality, its Roman remains, its Georgian town centre and its historic associations.’ There is an obligation on the ~~State Party~~ UK central government, who is a signatory to the 1972 ~~through the~~ World Heritage Convention, to identify, protect, conserve, ~~and~~ present and transmit to future generations the values of the World Heritage Site ~~of Bath in compliance with~~ according to UNESCO’s World Heritage Committee conventions and recommendations on the protection of cultural heritage.

C3.8 It is now acknowledged that providing statutory protection for World Heritage Sites is not sufficient to ensure their future survival. According to current best practice, Tthe Local Planning Authority is ~~encouraged to work~~ working in partnership with landowners, managers and other agencies to ensure that a comprehensive World Heritage Site Management Plan is ~~in place~~ is produced and implemented, complementing the provisions made in the Local Plan and Structure Plan. The Management Plan is currently being prepared and will from a framework for the activities that take place within the Site, ensuring that the World Heritage values are protected, conserved and enhanced. It sets out a long-term vision for the Site, aims and objectives, and a programme of short and long term actions to improve the condition and management of the Site. Not only does Tthis ~~is to~~ demonstrate that the obligation is being fulfilled but also that the Council is fully committed to the protection of the World Heritage Site. ~~Work on a World Heritage Site Management Plan for~~ ~~Bath~~ ~~is now underway.~~

C3.9 Although there are no statutory controls over development automatically conferred by inscription on the List of World Heritage Sites ~~inscription~~, this status is a key material consideration when determining planning applications.

C3.10 Government guidance places great emphasis on the need to protect World Heritage Sites for the benefit of both present and future generations. PPG15 states that ‘development proposals should always be carefully scrutinised for their likely effect on the site or its setting in the longer term;. Significant development proposals that may adversely affect the site or its setting are therefore likely to require an environmental assessment so that their immediate and long-term impact can be assessed in accordance with advice contained within the Department of the Environment Circular 7/94 ‘Environmental Assessment – Amendment Regulations’.

C3.11 It is~~, in this regard,~~ essential to recognise the wide range of values placed on the World Heritage Site of Bath. It is not only the historic buildings, archaeological sites and landscape setting that are of value, but the social, educational, recreational and economic functions and activities that take place within the City. Without investing in and promoting these vital aspects of Bath , the Council would be failing in meeting the responsibilities placed on it by the World Heritage Committee to sustain Bath as a World Heritage Site. The World Heritage Site is also a living city, the vitality and attractiveness of which needs to be retained and enhanced.

C3.12 The boundary of the World Heritage Site is defined on the Proposals Map and development proposals affecting the Site or its setting will be considered in the context of Policy BH.1.

C3.12A In 1999 Brunel’s Great Western Railway, Paddington to Bristol (parts), was included on the UK ’s Tentative World Heritage List of Sites part of which runs through Bath . The Tentative List has been drawn from a number of themes identified as being under represented on the World Heritage List such as industrial heritage. The Government aims to nominate these as World Heritage Site over a five to ten year period.

C3.13 The preservation of listed buildings is one of the primary responsibilities of the Council under the Planning (Listed Buildings and Conservation Areas) Act 1990. Section 1 of the Act imposes a duty on the Ministry of Culture, Media and Sport to compile and approve lists of buildings of special architectural or historic interest.

C3.14 There is currently a total of ~~6,500~~ ~~entries~~ 6834 properties and items in the District included on the national List of Buildings of Special Architectural or Historic Interest; of which 10% are listed Grade 1, 3% 2% Grade II* and ~~87%~~ 88% Grade II. Listed structure may vary in type from buildings to ancient monuments, tombstones, milestones, phone boxes and bridges., milestones, phone boxes and bridges.

C3.15 English Heritage is reviewing the Bath list of Buildings of Special Architectural or Historic Interest in consultation with the Council for approval and publication by the Secretary of State for Culture, Media and Sport.

C3.16 In exercising its development control function the Council 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. In addition to the need for planning permission for development affecting a listed building or its setting, listed building consent is also required for any works or alterations which change the character or appearance of the listed building, or for its demolition in whole or in part. This is dealt with under different legislation and usually relates to matters not considered to constitute development. It should be noted that Section 54A of the Town and Country Planning Act does not apply to decisions for listed building consent or conservation area consent except where an alteration or extension to a listed building constitutes development and will therefore require both planning permission and listed building consent.

C3.17 It is recognised that alteration and extension are sometimes necessary to adapt a listed building. Where they are of architectural or historic interest, the presumption will be in favour of retaining all original and later internal and external features such as fireplaces, windows (including shopfronts), external and internal doors, panelling, ~~window~~ sash boxes and shutters, staircase balustrades and other features of importance.

C3.18 Both exterior and interior 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.

C3.19 Lateral conversions will rarely be acceptable except in cases where this would secure residential use of upper floors above commercial premises.

C3.20 Listed buildings are a finite and non-renewable resource and the presumption will be in favour of their preservation. To enable proper assessment of the effect of development proposals affecting listed buildings and their settings; full detailed plans will be required. Policy BH.2 sets out the criteria against which proposals will be considered.

C3.21 In the case of listed buildings that are of intrinsic archaeological interest or stand on ground with archaeological remains, an appropriate archaeological assessment may also be required (see Policies BH.11-13). Where features of historic interest are affected by development, a detailed programme of archaeological recording may be required.

C3.22 There is a general presumption that all buildings which are listed will be preserved because of their architectural and/ or historic importance. Consent for the total or substantial demolition of a listed building will only be granted in exceptional circumstances and will require the strongest justification. The Council will require convincing evidence that real efforts have been made to sustain existing uses or find viable new uses and the applicant would also need to demonstrate that all practical attempts to save and refurbish the building have been explored. Where consent for demolition or substantial alteration of a listed building is granted, it may be a condition of such consent that the applicant arranges for suitable programmes of architectural and/or archaeological recording.

C3.23 In considering proposals involving the demolition of a listed building the 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.

C3.24 Such 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 in order to ensure that an acceptable redevelopment scheme immediately follows demolition.

C3.25 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.

C3.26 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 a relaxation in the statutory requirements or Council policy in order to achieve a new use and ensure a building's survival. A detailed archaeological recording of the sites and structures may also be required before the planning application is determined.

C3.27 The legislation places an obligation upon those who own or manage listed buildings to ensure they are adequately maintained. Together with English Heritage the Council maintains a Buildings at Risk Register of listed buildings deemed to be in poor condition, whether or not they are occupied. Where necessary the Council will enforce its statutory duty of control to secure the proper repair, maintenance and preservation of such buildings.

C3.28 The Council will reinforce its statutory duty of control by offering or obtaining advice where possible, in order to encourage owners to properly repair, maintain and preserve the character of listed buildings. The Council is preparing Supplementary Planning Guidance on the care and repair of historic buildings.

C3.29 There are other buildings and structures in the District that ~~do not merit national Listing~~ have not been listed nationally but are of particular local importance either for their architectural interest, their contribution to the local ~~scene~~ environment, or for their ~~rarity or~~ historical associations. For these reasons they are worthy of conservation and enhancement. Examples include non-listed farm buildings, mining structures, non-conformist chapels and former schools. Government guidance in PPG15 suggests that local planning authorities draw up a Local List to give protection to these buildings.

C3.30 The Council will maintain a list of locally significant buildings selected on the basis of their contribution to the local environment and their intrinsic architectural or historic ~~importance~~ associations. The process of identification and selection is ongoing and will be encouraged through community participation in the form of village design statements, conservation area appraisals and thematic studies of buildings, structures and landscapes. The selection criteria are set out in Quick Guide 17.

Quick Guide 17

~~Criteria for selection of Locally Important Buildings:~~

~~1. The building is a good example of the works of a well known architect or builder.~~

~~2. It is a unique or good representative of qualities of style, materials or has other distinguishing characteristics.~~

~~3. It is a good representative of the main period of development of the settlement in which is stands or an earlier period of growth.~~

4. ~~It is associated with a special landscape and in a position of prominence at a landmark site.~~

5. ~~It has significant historic associations with people or events.~~

Selection Criteria for Locally Important

Buildings of Architectural or Historic Interest

1. Age and integrity of building or structure is representative of its period. The consideration of integrity assesses whether the style and form of a building or structure is substantially complete.

2. Architectural interest. Examples of the local vernacular. Built by a noted local/national architect/engineer/builder. Rare or pioneering example of a building type or structure.

3. Historical associations. Association with a notable person or event. Buildings of structures constructed as part of an historic event.

4. Context. Individual and/or group value. Landmark buildings.

5. Local interest. Buildings which are part of the cherished local scene.

C3.31 Although these buildings do not benefit from the same statutory protection as listed buildings, their inclusion on the Local List will be a material consideration in determining applications for planning permission. Policy BH.5 sets out criteria against which such proposals will be considered.

C3.32 Section 69 of the Planning (Listed Buildings and Conservation Areas) Act 1990 requires local planning authorities to determine which parts of their areas are of special architectural or historic interest the character or appearance of which it is desirable to preserve or enhance. These areas should be designated as Conservation Areas.

C3.33 The character or appearance of a Conservation Area derives not only from buildings and their settings 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 these areas. Certain skyline features, such as church towers and spires, are dominant and established features and should remain so.

C3.34 Open spaces may contribute to the character of conservation areas where they serve as frontages or backdrops to historic buildings and structures, display areas for monuments, street furniture, statues, fountains and ornamental railings. Private open space such as gardens, former burgage plots and curtilages are also valued and make a significant contribution to the historic grain of village, town and city.

C3.35 Since 1968, 33 Conservation Areas have been designated in the District, the largest being in Bath. The detailed boundaries of all the Conservation Areas are shown on the Proposals Map and their general location is indicated in Diagram 14.

C3.36 The Council has included policies in the Local Plan to safeguard Conservation Areas from any changes that may have a detrimental impact on their character or appearance and to encourage only such changes which complement or enhance existing character.

C3.37 In exercising its statutory duty the Council will pay special attention the desirability of preserving or enhancing the character or appearance of a Conservation Area. Development should either make a positive contribution to the character or appearance of the Conservation Area or leave its character or appearance unharmed.

C3.38 In considering development in Conservation Areas the Council will require high standards of design. Development should be carefully related to existing buildings their settings and should respect the existing street scenes, views, roof-scapes, building lines and historic grain. Particular attention should be given to scale, form, the suitability of external materials and the extent to which development, including changes of use, can be reasonably allowed in the overall context of the Conservation Area. The existing relationship of buildings to open space will also need to be respected. The Council will also use its powers to protect other existing features which contribute to the distinctive character of each Conservation Area such as walls, hedges, gates, paving and other surface treatment.

C3.39 It may be inappropriate to grant outline planning permission in a Conservation Area without full details with which to assess the extent to which the proposed development will preserve or enhance its character or appearance. Where it appears that the impact of a development proposal is likely to be particularly significant, or if it is not possible to assess its impact from the details submitted, a full application including detailed plans will be required.

C3.40 Policy BH.6 sets out the criteria against which applications for planning permission within or affecting Conservation Areas will be assessed Design Policies D.2 and D.4 also sets out particular design requirements for new development.

C3.41 The Council attaches great importance to the safeguarding of all buildings which are regarded as being of architectural or historic interest or otherwise make a positive contribution to the quality of the environment. Demolition involving the total or substantial demolition of a building or structure will not be supported by the Council unless it is satisfied that the building concerned is structurally and economically beyond restoration or makes little or no contribution to the character and appearance of the Conservation Area.

C3.42 In all cases, the Council will require full information about what is proposed for the site after demolition. Consent will not be given unless there are acceptable and detailed plans for redevelopment and a full brief for archaeological recording of the site is agreed. Where appropriate, conditions will be attached to the planning permission to ensure that demolition will not take place until a valid contract for carrying out of the approved works and recording has been made.

C3.43 ~~Where necessary conditions will be attached to the planning permission to ensure that demolition will not take place until a contract for carrying out of the approved works has been made.~~

C3.44 Policy BH.7 sets out the criteria that will be taken into account when considering proposals for demolition in Conservation Areas.

C3.45 A consequence of Conservation Area designation is that some permitted development rights are restricted and planning permission is required for various types of development, ~~e.g. in the Bath Conservation Area the demolition of boundary walls of one metre or less in height will require planning permission.~~ Restrictions on permitted development rights in Conservation Areas are outlined in Quick Guide 18. The Council will review the need for further restrictions on permitted development rights during the Plan period.

C3.46 The local planning authority may also issue a Direction 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, if this is considered appropriate. . For example, in the Bath Conservation Area the demolition of boundary walls of one metre or less in height will require planning permission.

C3.47 An important aspect of the character or appearance of a Conservation 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 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 or appearance of the area.

C3.48 Trees make a vital contribution to the character and appearance of a Conservation Area. Certain trees (including fruit trees not in commercial production) are protected by Tree Preservation Order and in Conservation Areas all ~~other~~ trees are afforded specific protection under the legislation. Under Part 8 of the Town and Country Planning ~~(Listed Building and Conservation Areas)~~ Act 1990 six weeks notice must be given to the local planning authority before trees are lopped, topped or felled (subject to certain exceptions including small trees and trees that are dead, dying or dangerous). This enables the Council to consider making the tree the subject of a Tree Preservation Order.

C3.49 The local planning authority will also formulate and publish guidelines for the preservation and enhancement of the Conservation Areas, normally as part of the Conservation Area appraisal.

C3.50 The character or appearance of a Conservation Area can be considerably affected by items of street furniture, such as direction signs, seats and litter bins. Careful attention to detail and construction materials of such items is essential in order to protect the character or appearance of Conservation Areas. Road traffic signs, parking signs and street markings can also have a detrimental effect on Conservation Areas. Duplication and excessive use of signs and posts leads to unnecessary clutter.

C3.51 Enhancement may also be facilitated through grant aiding improvements to listed buildings and features in Conservation Areas and seeking improvements through planning permissions. The Council will continue to promote environmental improvements to enhance the character or appearance of Conservation Areas, and will encourage landowners, developers, amenity and residents societies to undertake improvements in appropriate circumstances.

C3.52 It is the duty of the local planning authority under Section 69 of the Planning (Listed Buildings and Conservation Areas) Act 1990 from time to time to review the boundaries of Conservation Areas and to consider whether further parts should be designated or existing boundaries require amendment.

C3.53 Appraisals for individual Conservation Areas form an important basis for the application of policy across Conservation Areas. Community participation in the assessment of new areas and boundary reviews of existing areas will assist in establishing priorities for enhancement or regeneration schemes. Appraisals of Conservation Areas will provide the framework to guide conservation and enhancement initiatives, new building design and development control.

. ~~Individual design and development will be carried out or updated as development pressures threaten the capacity of the built environment to accommodate change.~~

C3.54 English Heritage has compiled a Register of Historic Parks and Gardens which are of national importance by virtue of their historic layout, features and architectural ornaments. Twelve of these lie within, or partly within the District. In addition, the Parks ad Gardens Gazetteer, prepared by the former Avon County Council and the Avon Gardens Trust, lists a number of other such sites within the District which are of more local historic importance and make a significant contribution to local distinctiveness.

C3.55 The number and range of sites illustrate the District's important parks and gardens heritage. The increased demand for land for development means that some of these parks and gardens are under threat. Many are particularly vulnerable to housing schemes, especially where the previous use has become redundant or historic designs have been overgrown. However, transport infrastructure, golf course and other recreational development can be just as damaging to the unique character of parkland.

C3.56 All of these sites are shown on the Proposals Map and Policies BH.9 and BH.10 seeks their conservation. The local planning authority ~~must~~ is required to consult English Heritage where a planning application is likely to affect a Grade I and II* registered site or its setting, and the Garden History Society must be consulted on all ~~development~~ applications ~~in registered Parks and Gardens irrespective of grade~~ affecting any site on the English Heritage register.

C3.57 The long history of human activity in the District is reflected in its rich and diverse heritage of archaeological features. Scattered throughout the District are evidence of prehistoric camps and barrows, remains of Roman occupation, Dark Age defensive structures, deserted or shrunken medieval settlements, ecclesiastical remains from the Middle Ages, model farms and relics of industrialisation. Bath in particular has an a uniquely important archaeological heritage ~~unique~~. The preservation of this fragile and irreplaceable resource is of national and sometimes international importance.

C3.58 Central Government compiles and maintains a list of Scheduled Ancient Monuments which are of national importance. These are shown on the Proposals Map. Scheduled Ancient Monument Consent is required for any work resulting in the destruction or damage to a Scheduled Ancient Monument or for any repair works.

C3.59 Where a Scheduled Ancient Monument or other nationally important archaeological remains would be adversely affected by a proposed development, there will be a presumption in favour of their physical preservation in situ.

C3.60 The Council maintains the Sites and Monuments Record (SMR) which contains over 3,000 entries providing information on a variety of sites, monuments and landscapes. Some entries refer to the casual discovery of a flint artefact from a ploughed field whilst others record the results of major archaeological excavations and large linear monuments such as The Wansdyke earthwork.

C3.61 PPG16 advises that developers, before making a planning application, should undertake an initial assessment of whether the site is known or likely to contain archaeological remains. This initial research should include reference to the SMR. Where there are indications that archaeological remains might exist, the applicant will be requested to arrange for an archaeological field evaluation. This will help define the extent of the archaeological remains in the area of the proposed development; indicate the weight to be attached to their preservation; and allow options for minimising or avoiding damage to the remains to be considered. The results of such evaluations will be expected to be provided as part of the planning application.

C3.62 It is preferable that archaeological remains are preserved in situ as even archaeological excavation may mean the destruction of evidence. It may be possible to incorporate the archaeological remains into a development without destroying it if the archaeological interest is taken in to account at an early stage, e.g. foundations which avoid disturbing the remains or careful siting of landscaped or open areas.

C3.63 In those cases where damage to archaeological deposits and structures is unavoidable the Planning Authority may approve development subject to a detailed mitigation scheme involving excavation, recording, post-excavation analysis and publication of the archaeological remains prior to development.

C3.64 This mitigation scheme will be secured either through the use of conditions or voluntarily through use of a Section 106 legal agreement. The Planning Authority will provide advice and guidance for this work.

C3.65 In common with many of England's most important historic cities an Urban Archaeological Database (UAD) has been compiled for Bath and forms part of the District Sites and Monument Record. This will be followed up by publication of an Urban Archaeological Assessment which together with the UAD will inform the development of an Urban Archaeological Strategy and Supplementary Planning Guidance.

C3.66 The UAD has identified the high archaeological potential in parts of Bath relating largely to Roman and medieval settlement within the line of the old city walls, along Broad Street, Southgate, Walcot Street and London Road. Other areas along Julian Road, Lower and Upper Bristol Road, Sion Hill, Bathwick and other suburban locations have also been identified.

C3.67 The World Heritage Site status, the density of listed structures and the area of scheduling within the city walls all demonstrate the significance of the archaeological resource in Bath.

C3.68 This archaeological resource should not be compromised and should be conserved as part of the special relationship that Bath has with its past. Developers will be required to address this issue through sympathetic design and construction and to have clearly demonstrated how significant archaeological remains can be preserved in situ.

C3.69 In most cases the results of an archaeological assessment and evaluation will be required before any planning applications are determined and the Council therefore encourages prospective developers to contact the Council’s Archaeological Officer at the earliest opportunity in order to be clarify procedures and requirements.

C3.70 Lansdown Hill Historic Battlefield is included in English Heritage's Register of Historic Battlefields and is shown on the Proposals Map. Its special historic importance is of national significance. The Register provides general advice about the conservation and management of such historic sites and also detailed information about Lansdown Hill Historic Battlefield.

C3.71 Within many of the District’s towns and villages, there are open spaces which make an important visual contribution to local character. The nature of these sites varies and they may be include public open space, recreational areas, playing fields, open fields, the grounds of large properties or amenity areas. Some are open to public access and others are privately owned. This list is not exhaustive, but an open space should contribute to the character of the settlement in terms of its visual importance to benefit from protection under this policy.

C3.72 Many of these sites are identified on the Proposals Map and Policy BH.15 seeks to safeguard the contribution they make to local character. The purpose of the designation is to protect visual amenity value.

C3.73 The legacy of coal-mining particularly in the south of the district is a dense pattern of settlement. There are numerous small villages which are often in close proximity but which comprise separate communities. Local character is often strongly formed by rural setting.

C3.74 In some places the narrow gaps between settlements are under considerable pressure from development. Policy BH.16 identifies and protects particularly sensitive gaps by designating village buffers. The primary objective of the policy is to maintain the separateness of settlements and not necessarily protect attractive landscapes.

C3.75 Many outdoor advertisements and designs come within the scope of control of the Town and Country Planning (Control of Advertisements) Regulations 1992 and therefore require express consent from the local planning authority. As outlined in PPG19 ‘Outdoor Advertisement Control’, this regime enables local planning authorities to control advertisements when it is justified in the interests of amenity and public safety. Certain advertisements are specifically excluded from control under the Regulations. Others are granted deemed consent but, if it is considered appropriate, the Council may implement tighter controls over displays. This may be done by removal of deemed consent, taking discontinuance action to remove existing intrusive advertisements or by defining Areas of Special Control of Advertisements.

C3.76 Advertisements are an important part of the street scene and are essential to commercial activity, particularly within town centres. There can sometimes be a conflict between the appearance of a building, structure or place and commercial pressures for advertising. Designed well and integrated with buildings advertisements can blend in with the character of an area. Conversely, a proliferation of advertisements can detract from the appearance of the building and street scene. Advertisements, unsympathetically designed in garish colours and materials or with poorly designed or inappropriate levels of illumination, can have a detrimental effect on the visual qualities and residential amenity of both urban areas and villages.

C3.77 The special visual qualities of the World Heritage Site, listed buildings and Conservation Areas need to be protected against the adverse effects of indiscriminate advertisements. Where permitted, they should be of modest size and their design and materials complement the character of the building and the area. In particular, designers should be prepared to compromise on matters of "corporate" design where necessary in the sensitive or historic areas.

C3.78 In the open countryside advertisements should be designed in such a way that they respect landform and the quality of the immediate surroundings, natural contours, landscape character and any other features against which it will be seen. Businesses located in the countryside will be expected to ensure that signs are designed to harmonise with their surroundings. This is especially pertinent in Areas of Outstanding Natural Beauty.

C3.79 In areas where existing levels of illumination are low, such as Areas of Outstanding Natural Beauty, Conservation Areas and the open countryside, illuminated advertisements will only be permitted where such signs do not detract from the visual and residential amenities. Internally illuminated box fascias and projecting signs will not be generally appropriate in Conservation Areas. The protection of residential amenities including those properties on the fringe of commercial centres is of particular importance. The provision of illuminated signs on or within listed buildings will not normally be permitted. Almost all advertisements on listed buildings will constitute an alteration to the building and therefore will require listed building consent.

C3.80 Advertisements requiring express consent may also be refused in the interests of public safety. This will be a significant factor where an advertisement is likely to cause confusion with traffic signs and signals, for instance, or where it will result in glare or dazzle, or interfere with a navigational light or aerial beacon. All directional signs are regulated under the Traffic Signs and Highways Regulations and General Directions 1994. As highway authority, the Council makes every attempt to reduce sign clutter and other adverse impacts that highway signage can have on the historic and other sensitive environments within the scope of the Regulations. As planning and highway authority special attention is given to the consideration of traffic signs for tourist attractions.

C3.81 In considering proposals for outdoor advertisements a balance needs to be stuck between business requirements and visual amenities and public safety. Particular regard should be made to the cumulative impact of proposals on the design and appearance of the building and its wider context, including proposals in the open countryside. All proposals requiring consent will be considered within the context of Policy BH.17.

C3.82 Advertisement hoardings and panels by virtue of their size and the material displayed have a significant impact on the appearance of an area. These are generally associated with predominately industrial and commercial areas but are also used alongside highways and to screen vacant sites. In most other locations this type of display will not be acceptable unless it is of a size and scale appropriate to its surroundings and located within a mixed-use area.

C3.83 Like all other advertisements, hoardings and panels can only be controlled in the interests of amenity and safety. Proposals for new or replacement display panels should respect the scale and character of the surrounding area or buildings in which they are to be located. In the case of buildings poster displays should be restricted preferably to the use of blank walls or elevations and should not obscure any architectural feature. Careful consideration should also be given to the landscape and boundary treatment associated with the proposal in order to minimise its impact.

C3.84 Poster displays in the open countryside will not be permitted except where they are to be used to advertise a particular event in which case the duration of the display will be strictly controlled.

C3.85 Shopfronts are an important aspect of commercial activity in urban areas and villages and have an immediate and significant visual impact on the streetscene. There is however continuing commercial pressure for new designs and modifications in relation to shopfronts.

C3.86 Well designed shopfronts can enhance both the streetscene and commercial activity and there can be room for innovation providing the overall design is sympathetic to the character or appearance of the building(s) and do not detract from the visual amenity of the surrounding area. This is especially important in Conservation Areas and other environmentally sensitive areas.

C3.87 A shopfront should not be designed in isolation: it is essential that the design, scale and proportion of the shopfront relates to the building for which it is intended and those adjacent as well as harmonising well with the upper floors. The highest standards of shopfront design, materials and workmanship will be expected.

C3.88 Proposals relating to the alteration of an existing or replacement shopfront should ensure that the property is accessible to all members of the public with special consideration for those with disabilities. Proposals for shopfronts should also provide a separate access to upper floors which are, in many cases, in a different use.

C3.89 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. However, in view of their architectural and historical significance traditional shopfronts should be retained wherever practicable.

C3.90 To assess fully the effect of any proposed works, full details may be required indicating the design and materials of the shopfront and its relationship to the building and its setting. Policies BH.19 and BH.20 set out criteria against which development involving shopfronts will be assessed. Policies relating to development in the Conservation area and listed buildings will also be relevant in the consideration of proposals for shopfronts.

C3.91 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 especially in Conservation Areas.

C3.92 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. External solid metal shutters are unlikely to be appropriate on listed buildings or in the Conservation Area. Consideration should also be given to matching the paint type to the existing shopfront.

C3.93 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.

C3.94 The external lighting of business premises, sports facilities and residential properties is a growing phenomenon. This can cause problems in terms of a detrimental impact on visual and residential amenity.

C3.95 In the urban areas and some villages where existing levels of illumination are generally high, proposals for external lighting will be acceptable in principle providing their impact does not significantly harm residential or visual amenity. The satisfactory siting and design of lighting apparatus, intensity of light, hours of operation and highway safety will be of particular concern when assessing the likely impact of a proposal on its immediate and wider environment.

C3.96 Within rural areas and open countryside external lighting can be extremely prominent and visible from some distance. Its effect is to introduce an urban appearance from the upward glow to an area which for the most part is not lit at night. Proposals for external lighting in the countryside are therefore not generally acceptable, particularly in the Areas of Outstanding Natural Beauty. Certain nocturnal species such as bats may also be sensitive to external illumination.

C3.97 Proposals for external lighting in Conservation Areas will need to take into account their special character and appearance. Proposals involving listed buildings are unlikely to be acceptable where the appearance of the building is significantly altered for instance by attaching light fittings. Lighting from an independent source should not detract from the appearance of adjoining properties or the street scene. Wherever possible light should be directed downwards to avoid the danger of light trespass onto adjoining properties or ‘skyglow’.

C3.98 Applicants will be expected to demonstrate that there will be no significant lighting overspill through the design of the lighting installation which includes the height of the poles, the area of illumination and level of illuminance. Applicants may also be required to provide a technical report outlining these details and likely level of impact. More detailed guidance is set out in the Council’s External Lighting guide (1997).

Bath & North East Somerset Local Plan Revised Deposit 2003

Chapter C3. The Built and Historic Environment