Rochdale Metropolitan Borough Council - Unitary Development Plan 2006

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Chapter 19

DESIGN AND THE BUILT ENVIRONMENT

19.1An essential aim of the Plan is to improve the environment. The Plan strategy focuses on the need for physical improvements to the quality of public and private places - both buildings and the open spaces around them, and the need for design to respect countryside character. The Council will therefore expect development proposals to have a high individual quality of design which respects the best qualities and character of the local townscape and countryside, and where possible upgrades it. The design of the spaces between buildings is also important to create an attractive setting, a safe environment and to ensure accessibility to all sections of the community (e.g., those with mobility difficulties), consistent with the Plan's Key Aims. Good innovative design can not only set a standard for other new development in an area but can take opportunities to: improve energy efficiency in new buildings; create and protect landscape features to enhance amenity, attract wildlife and diffuse pollution; reduce opportunities for, or the fear of, crime; and improve facilities for pedestrians and cyclists. Design and layout that responds to the best qualities and character of an area and which creates new interest will reinforce local distinctiveness and a sense of place.

19.2Part 2 Policies in this and other chapters set out detailed requirements and criteria for new development. It is envisaged that existing Supplementary Planning Guidance will be reviewed and new guidance prepared to promote good practice and explain the Council's design expectations both for specific sites/areas and types of development.

19.3Policy G/BE/1 'Design Quality' requires that development should make a positive contribution to the quality of the existing local environment. In order to influence the quality of new development (including alterations, conversions and changes of use) this policy identifies those factors that will be taken into account in assessing good design and layout. The requirements acknowledge that good design is not just about aesthetic quality, but about the relationship of development to other uses and how it relates to established patterns of movement and activity in the wider area. For example, careful design can help lessen both the fear and likelihood of violence, reduce opportunities for crime, encourage use of sustainable forms of transport, and provide convenient access and movement for a range of people with mobility and sensory difficulties. With regard to issues of personal safety and security, developments will be expected to incorporate the principles of Crime Prevention Through Environmental Design (CPTED) and developers are advised to consult Greater Manchester Police Architectural Liaison Unit for crime prevention advice.

19.4Some of the design requirements set out in the policy are amplified by other specific and more detailed policies of the Plan and, thus, this policy should be read in conjunction with those other policies.

19.5Applicants for planning permission should be able to demonstrate how they have taken account of urban design in their proposals and that they have had regard to relevant policies in this plan and any adopted supplementary design guidance/documents. In line with PPG, applicants should provide, as a minimum a written statement setting out the design principles adopted as well as illustrative material in plan and elevation. More detailed design statements will be appropriate for large developments or for small developments in sensitive areas or on prominent sites (e.g. town centres, canal corridor, conservation areas, sensitive landscapes). Design statements can include perspective views, photographs, drawings of the proposed design itself and where appropriate, plans of the proposed layout in relation to neighbouring development and uses.

19.6Further guidance on what matters should be addressed in design statements is set out in some site-specific proposals. Site / area masterplans or development briefs or village design statements will need to interpret the criteria in this policy in the light of local circumstances. Exceptionally, Planning Obligations may be sought in preference to planning conditions on development in order to secure good design.

19.7Advertising and signs are an accepted and necessary part of the built environment. However, advertisements are designed to attract attention and a large, garish or poorly sited advertisement, or a proliferation of unsympathetic advertisements, can easily detract from the whole building on which they are displayed, and the general street scene. Some Conservation Areas are situated within the town centres of the Borough, and thus buildings are often in commercial use. It is important, therefore, to ensure that advertisements and signs are of a quality appropriate to the special architectural or historic character of these areas.

19.8As well as considering the effects of advertising and signs on ‘amenity’ (the effect on the visual amenity of the neighbourhood where the advertisement is displayed), the Council is also empowered to consider the effect on public safety (which means the safety of people using any form of transport likely to be affected by the advertisement). Thus, this is reflected in the policy. The Council's Supplementary Planning Guidance Note, “Design Guidelines for Shop Fronts and Associated Advertisements” will assist developers and designers and will also be used by the Council in determining planning applications.

19.9When retail and other commercial premises are up-graded, or when they change hands, frequently the shop front and the associated advertising will be altered. It is an increasing trend for businesses to employ standardised ‘house’ colours, logos and other design features to convey their corporate identity to the shopper. All too often, this approach takes place with either inadequate or no consideration of the resultant impact upon individual buildings or the shopping street as a whole. It is the aim of this policy to ensure that, when changes do occur, they are compatible with the character of the host building and sympathetic to its immediate environment.

19.10The Council has published a Supplementary Planning Guidance Note: “Design Guidelines for Shop Fronts and Associated Advertisements”. This provides detailed advice on shop front design to assist developers and development control practice.

19.11Public art is defined as work by artists and craft people that can be viewed from external or internal public spaces. This includes, for example, art work incorporated into building facades and public interiors, landscaping, sculpture, railings, metalwork, street furniture, decorative paving, murals, etc. In some positions, art may be combined satisfactorily with outdoor advertising which can provide financial sponsorship. Public art can sometimes respond directly to the needs of communities, for example, in the design of public seating and street furniture and play equipment. It can create jobs for artists, craftsmen, designers and manufacturers.

19.12Whilst the incorporation of art elements will be expected in large scale commercial developments, there will also be opportunities within other smaller developments. The Council will negotiate with developers for the integration of environmental art and will support the involvement of artists in the design of and implementation of appropriate projects of its own, as funding permits. In all cases, the art element should be designed into schemes from their inception and should take account of the characteristics of the building or site, its function, its location, and its potential for visual appreciation. The art element must also ensure that access needs of pedestrians, disabled people, cyclists, public transport, deliveries and emergency services vehicles are not impaired. The Council has recently secured the incorporation of several works of art within regeneration projects, new developments and environmental improvement schemes.

19.13Street furniture and hard landscaping is an important element in urban open space. Appropriately designed and sited in response to the characteristics of the location, street furniture, surface treatments, structural works and other landscaping can contribute significantly to the successful functioning of areas intended for public use. The needs of each location will differ but all should be investigated and met wherever reasonable.

19.14It is essential that all elements of public realm schemes are integrated well with each other and their surroundings and are designed to last without extensive maintenance.

19.15Masterplans for large sites and design statements should address the above principles. Supplementary Planning Guidance, such as site planning briefs and Village or Town Design Statements will identify opportunities and further advice on such works.

19.16The treatment of the spaces within and around developments is important in securing good design and to enhance the character or amenity of the area in general. This policy therefore emphasises the need for landscaping to be designed as an integral part of the development.

19.17With regard to maintenance, the Council will expect the developer to enter into a legal agreement to secure maintenance for a set period, the period and the amount of any commuted sum to be the subject of negotiation in each case.

19.18A 'landscape plan' means a plan showing how the proposals relate to their surroundings, identifying those features to be conserved, removed or enhanced, in the context of topography, aspect, visual exposure or enclosure, noise protection and shelter. Where appropriate it should also show the distribution of open space, footpaths and roads and the subdivision of the site into identifiable areas.

19.19Landscaping schemes can be an important way of contributing to local BAP targets for both species and habitats. Where appropriate, locally native species, including those identified in Biodiversity Action Plans, should be used. Locally native species will be particularly appropriate in urban sites where they are compatible with the nature, design and density of the development.

19.20The Borough's built heritage forms part of a finite national resource - which once gone can never be replaced. It has the effect of uplifting the local environment, contributing to local distinctiveness, our sense of history and our quality of life. The Council also sees buildings of architectural and historic merit having an increasingly important role to play in providing opportunities for commercial development, tourism, as a focus for urban regeneration, and as a tool for education. The Council is committed to preserving and enhancing the best of the built heritage through the control of development and the promotion of improvement measures. Enhancement measures may include positive action by the Council, through: area improvement schemes; regeneration schemes in partnership with others; and through promoting proposals for the restoration, reuse and adaptation of buildings. It is important that viable uses for buildings of architectural and historic merit are secured to help maintain investment. The Policy recognises that if older buildings of character and features of historic or architectural interest are well maintained and restored for new uses, they can increase the appeal of an area, maintain local character and distinctiveness, help to stimulate investment, and support economic regeneration. Consequently, the Plan places particular emphasis on the positive contribution that built heritage can make to maintaining the character and sustaining the regeneration of the Borough's older urban areas, its town centres and its rich historic and cultural landscapes.

19.21Ancient Monuments and sites of archaeological interest are a valuable part of the Borough’s heritage and should be conserved as far as possible. The effects of development proposals on archaeological value must be assessed and evaluated before planning applications are determined and the County Archaeological Sites and Monuments Record (SMR) is a reference for this purpose.

19.22The development control process provides an opportunity to suggest amendments to a proposal to protect a site or allow monitoring during development. In certain cases archaeological mitigation may be required. For example, where the local planning authority decides that the physical preservation in situ of known sites is not justified and that development should proceed, the developer may be required to make appropriate provision for the excavation and recording of remains. This can be achieved through planning conditions and legal agreements reached between appropriate parties. The policy applies to sites scheduled as being of national importance and all other known sites and monuments. Although the Department for Culture, Media and Sport (DCMS) is ultimately responsible for the protection of scheduled sites and monuments, the Council needs to ensure the protection of other sites. The Council will consult with Greater Manchester Archaeological Unit, English Heritage and DCMS as appropriate in respect of any explicit or implied threat to a site. It should be recognised that proposals which do not require planning permission can have an impact on sites and their settings and it may be appropriate to use planning legislation to bring minor works and development under planning control.

19.23In addition to those buildings that are statutorily listed for their architectural or historic merit, there are many other urban and rural buildings that contribute to the local cultural heritage and the character of the built up areas and the countryside. They include diverse examples of traditional or locally characteristic urban or rural architecture and use of materials. Other features of importance include town parks, gardens relating to former houses and estates, and a range of smaller scale features such as traditional boundaries (walls, hedgerows), mill lodges, and public utilities.

19.24It is important to ensure that their heritage value and contribution to local character is clearly recognised in proposals and that opportunities to incorporate and conserve such value are incorporated into the design of proposals. The Council will prepare planning briefs where appropriate and the use of design statements, including Town and Village Design Statements prepared by the local community, can be a useful tool in highlighting locally important buildings and features. The Sites and Monuments Record will also be used to identify such sites and buildings of interest. The Council will also look into the usefulness of, and the resources required to produce a list of such buildings and features to help guide developers and others.

19.25The primary responsibility for statutorily ‘listing’ buildings lies with the Secretary of State. There may be circumstances where significant buildings not presently listed merit urgent protection in the light of proposals which would threaten their continuing existence, or fundamentally affect the contribution they make to the local scene. In such cases the Council may serve a Building Preservation Notice or an alternative procedure of ‘spot listing’ may be considered. Where older agricultural buildings are of special architectural or historic interest but not listed, they may warrant protection under this policy where there is a threat of demolition or alteration.

19.26A strong presumption will be made against the demolition of any Listed Building, and it will be for the applicant to demonstrate that there is no possible alternative. Consent will not be given for the total or substantial demolition of any Listed Building without clear and convincing evidence that:

a.all reasonable efforts have been made to sustain existing uses or to find viable new uses, and these efforts have failed;

b.that preservation in some form of charitable or community ownership is not possible or suitable; or

c.that redevelopment would produce substantial benefits for the community which would decisively outweigh the loss resulting from demolition.

19.27Consent will not be given for demolition simply because redevelopment is economically more attractive to the developer than repair and reuse of a historic building, or because the developer acquired the building at a higher price that reflected the potential for redevelopment rather than the condition and constraints of the existing historic building.

In exceptional cases where these criteria have been fulfilled and the loss of the Listed Building is demonstrated to be unavoidable, planning conditions may be attached or a legal agreement sought, requiring the applicant to fund the cost of implementing a programme of proper recording of those parts to be demolished, prior to the commencement of work.

The effect on wildlife, in particular protected species, should always be considered fully in any proposal and the provisions of Policy NE/4 ‘Protected Species’ will be applied.

19.28Although generally desirable, it may not always be possible for buildings to remain in their original use and new uses may be needed to secure a viable future for the building. New uses that are economically attractive may not always be acceptable in terms of their impact on the character of a Listed Building and care must be taken to consider this constraint when preparing a proposal.

19.29In particular, commercial and residential uses can provide relatively high levels of return dependent on location, and these can often be more easily used to justify the investment involved in the restoration and reuse of a particular Listed Building. However factors such as the division of internal spaces and intensification of use involved can adversely affect character and changes to the curtilage and setting (e.g., parking and access requirements, shop fronts, signage) can have similar impacts if not designed with due care. Although many types of Listed Buildings are susceptible to inappropriate change, those most at risk include agricultural buildings, chapels, civic and industrial buildings, and many smaller buildings with possibly quite unique features.

19.30Achieving a proper balance between conservation and viable new uses of a Listed Building should always be based on specialist advice. Where such expertise is available and proposals show suitable consideration of the conservation interest and character of the building, normal development control policies will be applied with flexibility in the interests of securing an appropriate and viable future for the building. Proposals must be compared against alternative, possibly less damaging uses to clearly demonstrate that the proposal is the most appropriate balance of viable usage with the conservation of historic and archaeological interest. These criteria will be applied as appropriate in conjunction with those of Policy BE/14 “Alterations and Extensions to Listed Buildings”.

19.31The character and historic significance of a Listed Building can easily be damaged by unsympathetic alterations even of a relatively minor nature. Specialist advice and guidance to building owners, developers and contractors before and during building works, will continue to form a formal part of the Council’s role in the conservation of Listed Buildings, whether Listed Building Consent is required or not.

19.32Where such consent is required, detailed drawings clearly indicating the existing form of the building and the precise changes proposed, including items such as a schedule of works, must be submitted. Listed Building owners should ensure that appropriate advice and expertise is employed in preparing and submitting a proposal.

19.33Where unauthorised work to a Listed Building has been carried out, i.e., without first obtaining Listed Building Consent, an application for the retention of the works will be required - following the same procedures as for other Listed Building Consent applications. Consent will not be granted merely to recognise works already carried out and the proposal will be rigorously assessed against all relevant criteria. If works are not of a suitable standard or type, consent will not be granted. In such circumstances, a Listed Building Enforcement Notice may be issued or prosecution in accordance with Government’s planning policy guidance may be initiated.

19.34These provisions will be applied, where appropriate, in conjunction with those for Policy BE/13 ‘Changes of Use to Listed Buildings’. The provisions of Policy NE/4 ‘Protected Species’ will also be applied where appropriate.

19.35Listed Buildings and their settings are particularly sensitive to change in the local built environment. A high standard of maintenance will also assist the effective conservation of such buildings and their settings.

19.36Where new development is proposed which would impinge on the sensitivity of a Listed Building or its setting, the applicant will be required to clearly demonstrate how its character and setting have been taken account of by the proposed development and provide evidence of suitable conservation measures employed where appropriate. Such evidence should make reference to the design techniques and principles employed and to the visual relationship between the Listed Building and the proposed development and to compare it with the existing situation. Where such evidence is not submitted or is incomplete or unconvincing, consent will not be granted.

19.37Opportunities will arise to enhance Listed Buildings and their settings, for example, through new development schemes, environmental improvement and building improvement schemes (e.g., cleaning, illumination and other works) and land management initiatives (e.g., in rural areas). Such schemes have been carried out within town centres and Conservation Areas and the Council will endeavour to secure further improvements as resources permit.

19.38The demolition of an unlisted building in a Conservation Area can often have a detrimental effect on the character and appearance of the area. Such buildings may have a character and quality in their own right as well as contributing to the historic character and architectural style of the area or townscape. It is for this reason that the demolition of buildings in Conservation Areas requires formal planning consent. The building should be retained, improved and where possible put to an alternative use. Sometimes buildings do not contribute to the character and appearance of a Conservation Area and their demolition may lead to opportunities for environmental improvements. In other cases retention and alternative uses are not feasible or practicable and, thus, demolition may be acceptable in principle. Demolition must be related to an imminent scheme to redevelop the site of the building or, if appropriate, a scheme to landscape or treat the site in a manner which enhances the Conservation Area. Protected species may be present within older buildings in conservation areas and it is important that proposals for demolition are considered against Policy NE/4 'Protected Species'.

19.39The Planning (listed Buildings and Conservation Areas) Act 1990 requires special attention to be given to the desirability of preserving or enhancing the character or appearance of a conservation area. That requirement is carried forward into government guidance (PPG 15: Planning and the Historic Environment). This policy reflects those requirements. It is not the Councils intention that new development should be stifled provided that development satisfies the principles set out in the policy. Current Conservation Areas and their boundaries are shown on the Proposals Map. The Council is undertaking a review of Conservation Areas in the borough and will appraise existing Conservation Areas and their boundaries, and formulate specific proposals and policies for their preservation and enhancement. These will provide a detailed context for the preparation and determination of development proposals.

19.40It is not always possible for buildings in Conservation Areas to remain in their original use. Policy BE/13 “Changes of Use to Listed Buildings” recognises that it may be necessary to find an alternative use for a Listed Building in order to ensure its maintenance and retention. Similarly, unlisted buildings of character that contribute to a Conservation Area can also be maintained in this way. In some cases, commercial uses (e.g., offices) may provide an opportunity to ensure a continuing future for a building. However where such uses are acceptable by virtue of other policies of the Plan, their impact for example in terms of traffic generation, car parking, alterations to frontages and related advertisements, must not detract from the special character of the Conservation Area - particularly those in a rural setting. Uses should also seek to reflect the historical associations of the particular Conservation Area.

19.41Vacant upper floors are a characteristic of many Conservation Areas in the Borough, particularly those located within town centres. It is important to encourage their use to contribute to the vitality of the Conservation Area and maintain investment in the buildings. Any alterations or extensions to buildings, or ancillary facilities (e.g., car parking and servicing) which are proposed in connection with the new use will be assessed against Policy BE/17 above.

19.42The National Heritage Act 1983 enables English Heritage to compile a register of gardens and other land of special historic interest. This may include town parks, former estate land and cemeteries. In many cases such sites are an important part of the local landscape and are accessible to the public for recreation or reflection. It is important to ensure that the historic features (built and natural) and character of such sites are fully recognised in development proposals so that their protection and enhancement can be achieved. The advice of the Garden History Society, English Heritage and Greater Manchester Archaeological Unit will be sought where required , in respect of proposals for new development within such sites and other proposals seeking to conserve, restore or introduce features and facilities.

19.43Sites currently listed in the English Heritage Register of Parks and Gardens include Rochdale Cemetery, Queens Park, Heywood, and Broadfield and Falinge Parks, Rochdale.