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| 8. CONSERVATION OF THE
HISTORIC ENVIRONMENT |
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Introduction |
| 8.1 |
The historic elements of the built environment
comprise Listed Buildings, Conservation Areas, historic parks and
gardens, historic street patterns, and archaeological remains. It
is important to value and protect the historic environment because
it adds much to the quality of life; the links it provides with the
past contribute greatly to the character of Preston today. For new
development to be "sustainable" it must preserve the historic environment
for future generations to learn from and enjoy. |
| 8.2 |
The main components of conservation policy
are the designation of "conservation areas" and the "listing" of buildings
of special architectural or historic interest. Conservation areas
are those considered to have special "architectural or historic interest
the character or appearance of which it is desirable to preserve or
enhance" (Section 69, Planning (Listed Buildings and Conservation
Areas Act) 1990). The designation of conservation areas is the responsibility
of the Council whilst the listing of buildings is carried out by the
Department of Culture, Media and Sport with advice from English Heritage.
It is the Council's responsibility to apply the special controls governing
development which affects conservation areas and listed buildings. |
| 8.3 |
National planning guidance defines conservation
policy as being linked to, but distinct from, land use planning policy.
The Local Plan is therefore required to set out clearly all conservation
policies relevant to the exercise of the Council's development control
function, and also policies which are relevant to cases where development
and conservation are linked. Some areas of conservation policy are
not appropriate for the Local Plan: for example policies on certain
types of alterations, repairs, maintenance, or decoration, or on grant
regimes. The Council may publish separate policy statements on these
in due course. |
| 8.4 |
Preston has 12 Conservation Areas and
over 750 listed buildings. The Conservation Areas are at: |
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- Ashton;
- Avenham;
- Deepdale Enclosure;
- Fishergate Hill;
- Harris Children's' Home;
- Inglewhite;
- Market Square;
- Nooklands;
- St. Augustine's;
- St. Ignatius Square;
- Watling Street Road;
- Winckley Square.
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| 8.5 |
They are indicated on the Proposals Map. |
| 8.6 |
Conservation area designation gives the
Council, as local planning authority, control over demolition, strengthened
control over minor developments, and the protection of trees. Given
the sensitivity of the historic environment, the Local Plan's design
policies will be applied more rigorously in conservation areas, and
where new development affects a listed building. Poor design and use
of the wrong materials can devalue the special character of a conservation
area. However innovative modern design can be acceptable in historic
areas, where it complements and enhances existing development. |
| 8.7 |
In addition to the policies the Council
will publish appraisals which assess and define the special interest
of each conservation area, and which specify actions required to protect
and enhance it including proposals for the preservation and enhancement
which, where possible, will be brought forward. The guidance will
help generate awareness and will encourage local property owners to
take the right sort of action themselves. It may also be a material
planning consideration in determining a planning application. |
| 8.8 |
Parks and gardens of special historic
interest are also an important asset in need of protection and enhancement.
Preston has several entries on the register compiled by English Heritage. |
| 8.9 |
Ancient monuments and other sites and
areas of archaeological importance and interest also contribute significantly
to our cultural heritage. They are a finite and non-renewable resource
and are often fragile and vulnerable to damage or destruction. They
are part of our national identity and are valuable both for their
own sake and for their role in education, leisure, and tourism. Appropriate
management is therefore essential to ensure that archaeological sites
are not needlessly destroyed. There are several known sites of national
importance in Preston, and a wide variety of sites of local interest. |
| 8.10 |
The control of development affecting conservation
areas, listed buildings, historic parks and gardens, and archaeological
remains is therefore an important issue for the Local Plan to address.
New development should not always be seen as being in conflict with
the conservation of the historic environment. New development, or
changes of use to existing buildings, is often necessary in and around
historic buildings to ensure they remain viable and receive the investment
they need. It is vitally important, however, that development is carefully
controlled so that the special character of historic areas and buildings
is preserved and enhanced. The conservation policies are intended
to achieve the right balance between development and conservation. |
| 8.11 |
The specific development control powers
relating to listed buildings and conservation areas stem from the
Planning (Listed Building and Conservation Areas) Act 1990. |
| 8.12 |
Central government advice in the form
of PPG15: 'Planning and the Historic Environment' and PPG16: 'Archaeology
and Planning' define the role for local planning authorities in respect
of conservation. |
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Objective: |
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- TO PROTECT AND ENHANCE THE HISTORIC ENVIRONMENT AND THE SPECIAL
CHARACTER OF LISTED BUILDINGS, CONSERVATION AREAS, HISTORIC PARKS
AND GARDENS, AND SITES OF ARCHAEOLOGICAL IMPORTANCE.
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| Development and
Conservation Areas |
| 8.13 |
Special attention must be paid to the
impact of development proposals on the character and appearance of
conservation areas and their settings. The Council has published detailed
appraisals of each of the City's conservation areas to help define
their character, and therefore, to assist in assessing the impact
of development proposals. Under Section 71 of the Planning (Listed
Building and Conservation Areas) Act 1990 the Council has a duty to
formulate and publish proposals for the preservation and enhancement
of the City's Conservation Areas. |
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| Policy C1 |
Development and Conservation
Areas |
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| Development proposals or
other streetworks within or affecting the setting of a conservation
area will be permitted where they preserve or enhance its character
or appearance as identified in the conservation area appraisal and
taking into account: |
| (a) |
the historic layout of
property boundaries; |
| (b) |
the archaeological significance
and potential of the area; |
| (c) |
the architectural and historic
quality, character, and coherence of the buildings, both listed and
unlisted; |
| (d) |
the character and quality
of spaces, and the contribution made by trees and hedges to the area's
special character; |
| (e) |
the quality of vistas along
streets and between buildings, and views into and out of the area; |
| (f) |
the prevalent and traditional
building materials; |
| (g) |
the prevailing land uses
within the area; |
| (h) |
the extent of any loss
of historic buildings, intrusion of unsympathetic development or traffic,
and the extent of damage to features which contribute to their special
character; |
| (i) |
the quality of shop fronts,
signs, and street furniture; |
| (j) |
the existence of development
sites within or adjacent to the area; |
| (k) |
the special character of
the conservation area and views towards it. |
| Applications for planning
permission in conservation areas will be required to include full
detailed plans and elevations of new building work and showing the
new development in its setting. |
| The designation of new conservation
areas will be based upon those considerations set out as (a) to (k)
above. |
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| 8.14 |
The conservation
area appraisals have been prepared on the basis of the above criteria.
Existing conservation areas are reviewed regularly to ensure that
standards remain sufficiently high, and other areas are assessed to
see if further conservation area designations are justified and at
this stage, if it is considered that these areas are being adversely
affected by changes taking place as a result of permitted development
rights the need for Article 4 Directions will be considered. |
| 8.15 |
As it is necessary
to consider the full impact of the proposal, the Council will not
normally accept applications for outline planning permission in conservation
areas. |
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| Demolition of
Listed Buildings or Buildings in Conservation Areas |
| 8.16 |
Listed buildings and buildings which contribute
to the special character of conservation areas are irreplaceable,
and it is only in very exceptional circumstances that their demolition
can be considered. |
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| Policy C2 |
Demolition of Listed
Buildings or Buildings in Conservation Areas |
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| There will be a general
presumption in favour of the preservation of listed buildings, and
the retention of buildings which make a positive contribution to the
character or appearance of a conservation area, unless the applicant
can demonstrate that: |
| (a) |
real efforts have been
made to sustain the existing use or find viable new uses and have
failed; and, |
| (b) |
preservation in some form
of charitable or community ownership is not feasible; and, |
| (c) |
redevelopment will provide
substantial benefit for the community which would decisively outweigh
the loss from demolition; and |
| (d) |
where the building is in
poor condition, the cost of repairing and maintaining it would outweigh
the importance and value derived from its retention. |
| Should these criteria be
met consent will only be given when a detailed planning permission
has been granted for the development of the site. In appropriate cases,
consent will be subject to a condition or legal agreement to provide
that demolition shall not take place unless a contract has been made
to carry out the redevelopment of the site. |
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| 8.17 |
The criteria for
assessing proposals included in the policy reflect government advice
(PPG15). It is accepted that in certain circumstances demolition may
be the only option, but criteria (a) and (b) endeavour to ensure that
all avenues to secure a viable use for a building are explored. This
will include the offer of the unrestricted freehold of the building
on the open market at a realistic price. |
| 8.18 |
In the case of criteria
(c) the architectural merits of any proposed replacement building
would not in themselves be justification for the demolition of a listed
building or building in a conservation area. Even where the benefits
of a new building are widely acknowledged, it may be feasible to incorporate
the historic building within the new development. Developers should
always consider this option carefully. |
| 8.19 |
In applying criteria
(d), the assessment must be based on consistent and long term assumptions,
and should take into account the possibility of tax allowance and
exemptions and of grants from public or charitable sources. Where
it is apparent that a building has been deliberately neglected in
the hope of obtaining consent to demolish, then less weight will be
given to the costs of repair. |
| 8.20 |
Consent to demolish
will always need to be subject to planning permission for the redevelopment
of the site to ensure that subsequent development is to a high standard.
Where there is a danger that unsightly gaps will be left for long
periods after demolition, consent will be conditional upon a contract
having been made to carry out suitable redevelopment. |
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| Conservation Areas
- Changes of Use |
| 8.21 |
In general the same provisions apply to
changes of use in conservation areas as in other areas, and are determined
by the land use policies in the Local Plan. However, the character
of a conservation area is a function, at least in part, of the uses
that prevail in the area. It is therefore necessary to be especially
vigilant in controlling any change of use. At the same time, general
policies governing changes of use may sometimes need to be interpreted
flexibly in the interests of securing the future of a historic building
in the area. |
| 8.22 |
Similarly any alterations to buildings
must respect the character of the conservation area, or else the value
of the area may be diminished and not preserved or enhanced. |
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| Policy C3 |
Conservation Areas
- Changes of Use |
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| Developments involving the
alteration, or change of use of buildings within a conservation area
will be permitted where the character or appearance of the area is
preserved or enhanced. |
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| Setting of Listed
Buildings |
| 8.23 |
The Council will
have particular regard to the impact of a proposal on the relationship
of the listed buildings to adjacent buildings and spaces. Setting
is often an essential part of a listed building's character. Historic
buildings can be robbed of much of their interest and Cityscape value
if they become isolated from their surroundings. |
| 8.24 |
The setting may be
attributable to the relationship of the listed building to a particular
grouping of buildings, and to the quality of spaces between them.
The buildings which form the setting may not in themselves be of special
interest. The setting of particularly prominent buildings, such as
a church with a steeple or tower, may cover an extensive area, so
new buildings even at some distance away need careful control in order
to protect important views. |
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| Policy C4 |
Setting of Listed Buildings |
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| Development proposals affecting
the setting or views of a listed building will only be permitted where
they are not damaging to the special character of the setting of the
listed building. |
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| Use of Listed
Buildings |
| 8.25 |
It is preferable that listed buildings
are maintained and used rather than neglected, and new uses may have
to be found in order to secure their future. In such cases determining
a planning application is often very difficult, and involves balancing
the economic viability of possible uses against the effect of any
changes to the special character which the new use may entail. Of
particular concern will be changes to the fabric, interior, and setting.
Some uses may not be acceptable if they would lead to more destructive
alterations. The availability of any grant assistance that may be
forthcoming from English Heritage or other sources will need to be
taken into account. The Council recognises the need for flexibility
in the application of policies governing changes of use in the interests
of securing a building's survival. |
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| Policy C5 |
Use of Listed Buildings |
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| Changes in the use of listed
buildings will be permitted provided that the proposed uses are: |
| (a) |
compatible with the fabric,
interior, and setting of the building, and would not have an adverse
effect on it's special architectural or historic interest; and, |
| (b) |
consistent with the land
use policies of the Local Plan. |
| If the change of use requires
alterations to the building, then listed building consent must be
obtained before the change of use can be approved. |
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| 8.26 |
Listed building consent
will also be required for any physical alterations to the building.
This will need to be considered at the same time as the planning application
for change of use to ensure that the building's special character
is not harmed. |
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| Alteration of
Listed Buildings |
| 8.27 |
Alterations to listed buildings may be
necessary to ensure their continued use. It is very important, however,
to ensure that these are kept to a minimum and carried out to a high
standard to ensure that the special character of the building is retained.
In judging whether alterations or extensions are acceptable it will
be necessary to assess the elements that make up the building's special
interest. These will include visual features, both internal and external,
such as materials, decorative facades, staircases, window and door
openings, roof design, boundary treatment, and means of enclosure.
The special character of a building is also determined by its spaces
and layout, and its archaeological or technological interest. |
| 8.28 |
Listed Buildings vary greatly in the extent
to which they can accommodate change without the loss of special interest.
Some may actually benefit from alterations, whilst others may be sensitive
to slight alterations, especially those with important interiors and
fittings. In seeking the best solution for a particular building the
Council will apply its normal development control policies flexibly,
and will encourage applicants to pursue imaginative schemes. |
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| Policy C6 |
Alteration of Listed
Buildings |
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| Consent will be given for
alterations or extensions to listed buildings provided they: |
| (a) |
preserve the special character
of the building; and, |
| (b) |
are appropriate in design,
siting, scale, materials, and colours to the rest of the building
and its setting; and |
| (c) |
retain the special features
of the building, both internal and external; and, |
| (d) |
minimise any adverse effects
on the layout of the building and its associated spaces, or its historic
or architectural interest. |
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| Listed Buildings
and S.106 Agreements |
| 8.29 |
There may be cases
where, in order to secure the upkeep of important listed buildings,
some "enabling" development is justified to generate the income necessary
to carry out repairs and retain the existing use of the building.
Normal development control policies will need to be applied flexibly
in order for this type of development to be permitted. |
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| Policy C7 |
Listed Buildings and
S.106 Agreements |
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| Development which is proposed
specifically to provide for the upkeep of listed buildings will be
permitted provided that: |
| (a) |
it can be demonstrated
that no alternative viable use can be found which is compatible with
the fabric, interior, or setting of the building; and, |
| (b) |
the owners of the building
in question will ensure that the new development secures the future
upkeep of the listed building; and, |
| (c) |
it preserves the setting
and special architectural or historic interest of the listed building. |
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| 8.30 |
Applicants must demonstrate
that no use can be found for the listed building in question which
is both sufficiently viable to provide for its upkeep and yet compatible
with its character. In granting permission for such development, the
Council will need to ensure that the profits generated by the development
are used to secure the future of the listed building. This could be
achieved through the use of legal agreements (under S.106 of the 1990
Act) which may include specification of any repairs required, and
the establishment and management of a fund to provide for future maintenance. |
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| Parks and Gardens
of Special Historic Interest |
| 8.31 |
English Heritage
compile a register of gardens or parks of special historic interest.
The purpose of this register is to identify important historic parks
and gardens, to increase awareness of the existence of these gardens,
and to encourage their protection and conservation. |
| 8.32 |
The register entails
no additional statutory control. However, historic interest must be
taken into account by the Council when it is deciding planning applications
for proposals in or near to one of the registered parks or gardens. |
| 8.33 |
The following are
included in the Register: |
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- Avenham Park;
- Avenham Walk;
- Miller Park;
- Haslam Park;
- Moor Park;
- The Willows, Pedders Lane, Ashton.
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| Policy C8 |
Parks and Gardens of
Special Historic Interest |
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| Development within, or affecting
the setting of, a park or garden of special historic interest will
only be permitted provided that: |
| (a) |
it is consistent with the
historic character of the park or garden in terms of its design and
scale; |
| (b) |
it conforms to other Local
Plan policies particularly those concerning greenspace. |
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| Archaeological
Features |
| 8.34 |
Archaeological remains
are a finite and non-renewable resource; they are often fragile and
vulnerable to damage and destruction. They are part of our national
heritage and are valuable both for their own sake and for their role
in education, leisure, and tourism. Appropriate safeguards are therefore
essential to ensure that archaeological sites and monuments are not
needlessly destroyed. |
| 8.35 |
A wide range of archaeological
remains have been found in the Preston area. These include examples
of the pre-historic, Roman, and medieval periods. Remains of the post-medieval
period are quite common in the City and range from 17th and 18th century
halls to industrial sites associated with Britain's rise as an industrial
nation. |
| 8.36 |
There are three Scheduled
Ancient Monuments in the City (Cromwell's Mound, Penwortham Old Bridge,
and Chingle Hall). There are however many other sites of archaeological
interest which need to be taken into account in the Council's consideration
of planning applications. Some but not all of these sites are identified
on the Lancashire Sites and Monuments Record (LSMR). Many have not
been investigated in detail, so it may be necessary for an archaeological
evaluation to be undertaken so that a full appreciation of the importance
of the archaeological remains can be obtained. Early consultation
with the LSMR can help to avoid potential problems. |
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| Policy C9 |
Archaeological Features |
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| (a) |
Where nationally important
archaeological remains, whether scheduled or not, and their settings
are affected by the proposed development there will be a presumption
in favour of their physical preservation and in such cases planning
permission will be refused. |
| (b) |
When development proposals
affect a known or possible archaeological site of lesser importance
they will be considered on their merits. Proposals affecting such
sites will require an archaeological assessment/ evaluation to be
submitted as part of the planning application. Planning permission
will not be granted without adequate assessment of the nature, extent
and significance of the remains present and the degree to which the
proposed development is likely to affect them. |
| Where the assessment/ evaluation
indicates that preservation of the archaeological remains in situ
is justified, developers will be required to avoid damage to the remains
through careful design, siting and layout of the development and,
if necessary, make provision for the excavation and management of
the remains. |
| Where preservation in situ
is not justified, developers will be required to make appropriate
and satisfactory provision for recording the remains before development
commences. |
| Access for the Council's
nominated archaeologist will be required to any site where a known
archaeological interest is affected by development or any other site
where such interest could be exposed. |
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| 8.37 |
This policy reflects
the advice in PPG 16 (Archaeology and Planning) concerning sites of
national importance and also those of local interest. Planning applications
are to be considered in terms of their archaeological significance,
and the Council will work with the Lancashire Sites and Monuments
Record (LSMR). |
| 8.38 |
Where it is considered
in the light of the assessment or evaluation that preservation of
the archaeological remains in situ is justified, developers will be
required to make every effort to avoid damage to the remains through
careful design, siting and layout of the development, and if necessary
make appropriate and satisfactory provision for the excavation and
management of the remains. |
| 8.39 |
Where preservation
in situ is not justified, developers will be required to make appropriate
and satisfactory provision for recording the remains before development
commences. Access for the Council's nominated archaeologist will be
required to any site where a known archaeological interest is affected
by development or any other site where such interest could be exposed. |
| 8.40 |
The Council will,
in appropriate cases, seek to enter into legal obligations with developers
under Section 106 of the Town and Country Planning Act 1990, specifying
the provision to be made for funding of the archaeological activities
described above, the preservation, wherever possible "in situ", of
significant remains and artefacts, and the production of a complete
site archive, including research, publication and display activities. |
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