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B&NES Local Plan Revised Deposit - contents

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Local Plan - List of Revisions

BATH & NORTH EAST SOMERSET LOCAL PLAN

INCLUDING MINERALS & WASTE POLICIES

REVISED DEPOSIT DRAFT 2003

List of Revisions to the Local Plan

CHAPTER C3: THE BUILT & HISTORIC ENVIRONMENT


LOCAL PLAN REF. NO.

REV.

NO.

SOURCE OF REVISION

REVISION(S)

Para

C3.6

C3.6/A

 

 

 

C3.6/B

5019/B1

 

 

5019/B1

 

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:

  • it represents a masterpiece of human creative genius;
  • it exhibits an important interchange of human values, over a span of time or within a cultural area of the world, on developments in architecture or technology, monumental arts, town-planning or landscape design;
  • it is an outstanding example of a type of building or architectural or technological ensemble or landscape which illustrates a significant stage in human history;
  • meet the test of authenticity in design, material, workmanship or setting and in the case of cultural landscapes their distinctive character and components;
  • have adequate legal and/or traditional protection and management mechanisms to ensure the conservation of the nominated cultural properties or cultural landscapes.

Para

C3.7

C3.7/A

 

 

 

5019B/2

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.

Para

C3.8

C3.8/A

5019/B3

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.

Para

C3.9

C3.9/A

5019/B4

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.

Para

C3.10

 

 

 

C3.10/A

 

 

3295/B4

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’.

Para

C3.11

C3.11/A

 

 

 

C3.11/B

 

 

5019/B5

 

 

686/B104

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.

New para

C3.12A

C3.12A/A

5019/B8

In 1999 Brunel’s Great Western Railway, Paddington to Bristol (part of which runs through Bath), was included on the UK’s Tentative World Heritage List of Sites. 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 Sites over a five to ten year period.

Para

C3.14

C3.14/A

2478/B4

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.

Para

C3.17

 

 

C3.17/A

 

C3.17/B

 

2334/B1

686/B105

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.

Para

C3.20

 

 

C3.20/A

 

Editorial (colon)

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.

Policy BH.2

BH.2/A

 

 

 

 

 

 

 

 

BH.2/B

Editorial

 

 

 

 

 

 

 

505/B78, 686/B106

Development affecting a L listed building or its setting will only be permitted where it would:

  1. preserve the building’s special architectural or historic interest;
  2. preserve any feature of special architectural or historic interest which the building may possess;
  3. retain the historic form and structural integrity of the building;
  4. respect the character of the building in terms of scale, style, design and materials; and
  5. not adversely affect the building’s contribution to the local scene including its role as part of an architectural or urban composition.

Policy BH.3

 

BH.3/A

721/B37

Development involving the total or substantial demolition of a listed building will only be permitted in exceptional circumstances and where:

  1. the building is not capable of being repaired or maintained and overriding environmental, economic or practical reasons exist in favour of demolition;
  2. every possible effort has been made to continue the present use or to find a suitable alternative use for the building;
  3. an acceptable scheme for redevelopment or reparation has been approved.

Para

C3.25

 

 

 

 

 

 

C3.25/A

 

 

 

 

 

Editorial

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 have on 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.

Policy BH.4

 

 

 

BH.4/A

 

 

334/B5, 723/B25

Development proposals for the change of use of part or the whole of a listed building will be permitted provided:

  1. the proposal would result in an economically viable use and there is no realistic prospect or demonstrable need for continuation or reinstatement of the use for which the building was originally designed; and
  2. there is no adverse impact resulting from the proposed use on the fabric and setting of the listed building, its architectural or historic interest, and on the character of the surrounding area.

Para

C3.29

C3.29/A

 

 

 

 

C3.29/B

5001/B1

 

 

 

5001/B1

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.

Para

C3.30

 

 

C3.30/A

 

5001/B2

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

 

QG17/A

5001/B3

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.

Policy BH.5

BH.5/A

 

 

BH.5/B

 

BH.5/C

5001/B5

 

5001/B5

Development which adversely affects a building or structure on the list of Buildings of Local Architectural or Historical Importance Locally Important Buildings will only be permitted where:

  1. the local architectural or historic interests and integrity of the building is conserved or enhanced;
  2. it’s the contribution to the local scene or local its context, local interest or historical associations is not adversely affected.

Para

C3.33

 

 

 

 

C3.33/A

 

 

 

Editorial

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 or 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.

Para

C3.34

C3.34/A

Editorial

Open spaces may contribute to the character of cConservation aAreas 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.

Para

C3.38

 

 

C3.38/A

 

2334/B4

In considering development in Conservation Areas the Council will require high standards of design. Development should be carefully related to existing buildings and their setting 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 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.

Diagram 14

DIAG14/A

DIAG14/B

Editorial

Editorial

Amend to show WHS boundary and re-title Diagram to read ‘World Heritage Site and Conservation Areas’.

Add Paulton Conservation Area and show amended boundary of Chew Magna Conservation Area.

Para

C3.40

 

 

C3.40/A

 

Editorial (s…)

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.

Policy BH.6

 

 

 

BH.6/A

 

BH.6/B

 

 

 

 

 

 

 

BH.6/C

 

 

745/B20

686/B107, 564/B17, 2310/B14, 2310/B2

 

 

 

 

 

Editorial

Development within or affecting a Conservation Area will only be permitted where it preserves or enhances the character or appearance of the area, in terms of size, scale, form, massing, position, suitability of external materials, design and detailing. Particular attention should will be given to:

  1. the retention of buildings, groups of buildings, existing street patterns, historic grain, spaces, building lines and ground surfaces which contribute to the character or appearance of the Conservation Area;
  2. the retention of architectural features which contribute to the character of the area, including boundary walls;
  3. the impact of the proposed development on the townscape, roofscapes, massing and relative scale and importance of buildings in the area;
  4. the relationship of buildings to open space and historic grain;
  5. the need to protect existing trees and landscape which contribute to the character or appearance of the Conservation Area; and
  6. the removal of unsightly and inappropriate features that detract from the character or appearance of the Conservation Area.

Policy BH.6

PM Inset 6

BH.6/D

5001/B146

Show revised Chew Magna Conservation Area.

Policy BH.6

PM Inset 18

BH.6/E

Editorial

Show Paulton Conservation Area

Policy BH.6

PM Inset 31

BH.6/F

5001/B62, 5002/B1

Show amended Conservation Area at 58-68 Newbridge Road, Bath

Policy BH.6

PM Inset 31a

BH.6/G

2263/B17, 5001B63, 5012/B3

Correct error in depiction of Bath Conservation Area notation.

Para

C3.43

C3.43/A

5001/B153

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.

Para

C3.41

 

 

 

 

 

 

C3.41/A

 

 

 

 

 

Editorial

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 or appearance of the Conservation Area.

Policy BH.7

 

 

 

 

 

 

 

BH.7/A

 

 

 

 

 

 

2965/B12

Within Conservation Areas, development involving the total or substantial demolition of buildings and other structures which make a positive contribution to the special character and appearance of the Conservation Area will only be permitted where:

  1. the building or structure is not capable of retention or repair;
  2. every possible effort has been made to continue the existing use or find a suitable alternative use; and
  3. the proposed replacement development, if any, would make a similar or greater contribution to the special character or appearance of the area.

Para

C3.45

 

 

C3.45/A

 

686/B109

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.

Para

C3.46

 

 

 

 

C3.46/A

 

 

 

686/B109

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, 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.

Para

C3.48

 

 

 

C3.48/A

C3.48/B

 

 

 

 

C3.48/C

 

 

686/B111

745/B19

 

 

 

Editorial

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 (see also Quick Guide 13A).

Para

C3.53

 

 

 

 

 

 

C3.53/A

 

 

 

 

 

505/B79, 686/B113, 745/B17

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.

Para

C3.54

 

 

 

C3.54/A

 

 

2478/B3

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.

Para

C3.56

 

 

C3.56/A

 

2478/B2

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.

Policy BH.9

PM Inset 31a

BH.9/A

5001/B150

Change Royal Victoria Park ‘PG’ annotation to ‘PGS’ (Park or Garden of National Historic Interest).

Para

C3.57

 

 

 

 

 

C3.57/A

 

 

 

 

2334/B7

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.

Policy BH.12

BH.12/A

2965/B13

Development which would harm locally important archaeological remains or their settings outside the scope of Policy BH.11 or their settings, will not be permitted unless the need for he development outweighs its local importance adverse impact of proposal the on the remains can be mitigated.

 

In such cases and where the physical preservation in situ is not justified, development will only be permitted if appropriate and satisfactory arrangements have been made for excavation, recording and post-excavation analysis of the remains and publication of the results.

Para

C3.69

 

 

 

C3.69/A

 

 

5001/B157

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.

Policy BH.14

BH.14/A

686/B116, 2334/B8, 2478/B5, 2967/B1

Development affecting a Registered Historic Battlefield or its setting will only be permitted where:

  1. which would harm the historic character and appearance of the site is not harmed; and
  2. the proposed development conserves and enhances the historic character and appearance of the site. historic interest of Historic Battlefields and their settings, will not be permitted unless there are exceptional interests of acknowledged local importance.

Para

C3.71

 

C3.71/A

3025/B2, 5001/B50, 5001/B65

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.

Policy BH.15

 

BH.15/A

686/B117, 505/B80, 5001/B50, 5001/B65

Development which harms the openness and character of Visually Important Open Spaces, as including those shown on the Proposals Map, will not be permitted.

Policy BH.15

BH.15/B

451/B16, 5001/B81,

2330/B2

Extend Visually Important Open Space designation at Lansdown Crescent, Timsbury to include the rural visual amenity area.

PM Inset 20

BH.15/C

451/B17, 730/B17,

1889/B1, 1915/B2,

1916/B2, 2002/B2,

2328/B2, 2330/B2,

2996/B1, 5001/B155

Add Visually Important Open Space notation to the school playing field at Timsbury.

Policy BH.15

BH.15/D

3256/B4, 3309/B4,

Delete Visually Important Open Space designation at Newton Field Recreation Ground

PM Inset 31

BH.15/E

Change arising from revision GDS.1B11/A

Delete Visually Important Open Space designation from playing fields on eastern part of University of Bath Campus (see new GDS site B11)

BH.15/F

505//B80, 505/B93

Add Visually Important Open Space designation to the Recreation Ground at Holcombe Lane, Bathampton

BH.15/G

2324/B1, 5001/66,

5008/B8

Add Visually Important Open Space designation to land between Uphill Drive & Coxley Drive, Bath

BH.15/H

5001/B69

Delete Visually Important Open Space designation from the safeguarded LRT route in the Locksbrook area of Bath

BH.15/I

5001/B148

Add Visually Important Open Space designation to land at Cameley Green, Bath

BH.15/J

5001/B149

 

Add Visually Important Open Space designation to land of Kingsway and Ambleside Road, Bath

BH.15/K

5001/B174

Amend the Visually Important Open Space designation to reflect the proposed housing development (Phase 4) at Newton Road, Bath

Insets 31 & 31a

BH.15/L

3025/B1, 5012/B4

Add Visually Important Open Space designation to land south of St. Mark’s Churchyard, Widcombe, Bath

Policy BH.20

BH.20/A

5001/B154

Development involving the alternation alteration or replacement of traditional shopfronts will not be permitted unless they enhance the character or appearance of the building and streetscene.

Para

C3.97

 

C3.97/A

Editorial

Proposals for external lighting in Conservation Areas will need to take into account their special character and or 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’.

Diagram 14

Diagram 14 : Bath World Heritage Site and Conservation Areas in Bath & North East Somerset

Diagram 14 : Bath World Heritage Site and Conservation Areas in Bath & North East Somerset

 

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