Who do we need to convert?

[ilikecobwebs]

Whatever, it still doesnt seem right. Once buildings have been altered, the damage is done; very few people are likely to undertake demolition afterwards. There is a whisper of turning our own village into a conservation area (although it didnt come from me, originally); trouble is, its bolting the stable door after the horse has legged it.
And as said earlier, how on earth do you get planning law modified or changed, to encourage people to take more interest in their old homes? It seems unlikely that it would be done, there are too many people making fortunes on property "renovation".
It seems such a huge thing, to try and turn the tide in favour of heritage.

 

[Nemesis]

Well Conservation Area status really gives little protection to much - in some instances certain things can be prevented, but really there is more protection for trees in a CA than the buildings. There are some useful aspects of declaring somewhere a CA, especially if you can also persuade the local authority to spend some cash on it, however.

Complete demolition of buildings which are deemed to make a 'positive' contribution requires consent, which is all too often given, as with Smithfield General Market, and there are regulations regarding what can replace them and the fact you can't leave a gap site, but in general CA status is pretty meaningless now.

What can you do? You can join conservation organisations such as the amenity societies and SAVE, you can support them financially, which does make a difference, you can give up time to write letters of objection, do voluntary work, lobby politicians, write to the press, and generally agitate. You can help any local groups which try to conserve our heritage - look at all the places on Restoration, they are there because of local people forming Trusts to save the buildings.

http://www.bbc.co.uk/legacies/heritage/wales/w_se/

http://www.bbc.co.uk/pressoffice/pressreleases/stories/2006/09_september/01/restoration.shtml

http://www.sapling.org.uk/newsletter/200607_cricket.shtml




At times you get results.

http://www.sapling.org.uk/newsletter/200608_spanfour.shtml

 

[Penners]

There's no law against bad taste.

In order to be able to pass a law against something, you must first be able to recognise it.

This is why New Labour have failed to outlaw it.

 

[Nemesis]

I can't say any other previous administrations were a great deal better.

 

[Penners]

No argument from me.

 

[Johneds]

I see nothing wrong in altering buildings - historic or otherwise. Most buildings eventually get to that stage where they cannot serve their original purpose and if alteration and adaptation were not allowed many of those buildings would rot and dissappear. Many thousands of historic buildings would not exist now if they had not been altered and brought into modern use. And I'm not talking about in the recent past - I'm talking about hundreds of years ago.

Anybody who knows anything about the best historic buildings around today will know that they have been altered, added to, upgraded, modernised and brought back to life several times over. This is what makes them so interesting and this is what makes them so valuable.

It's a lovely fluffy idea that we should be able to stop time and preserve everything just as it stands now. But this is unrealistic and in the long term would only damage the overall historic stock. And in any case, why should the present time and present technology not be represented in future? Most old buildings represent a timeline of technology and development. I don't see what gives us the right to stop time now.

 

[Nemesis]

Yes and no.

Done with sensitivity maybe - although with certain listed buildings I do think any intervention should be minimal. The Middlesex Guildhall is currently a case in point... ripping out the interior isn't too great an idea really.

But - we've all seen 'em - the tacky extensions, which at times overwhelnm the existing building, the cheap and nasty uPVC windows and doors replacing quality and well-proportioned timber, and the overall pleasing character of historic neighbourhoods destroyed.

PS I think I do know a fair amount about historic buildings...


Evelyn

http://www.buildingconservation.com/articles/ten/tenways.htm

 

[Penners]

Well said, Johneds! I agree with every word. I also agree with Nemesis's addition of the word "sensitive".

Provided the essential character of the building is preserved, it must adapt to the living requirements of the age. If it doesn't, then it won't survive, because nobody will want it.

We have to rely on CO's to apply this principle.

 

[Lynn]

And in any case, why should the present time and present technology not be represented in future? Most old buildings represent a timeline of technology and development. I don't see what gives us the right to stop time now.

I gotta say the 1970's were not kind to historic buildings in the US and I speak from the mid-western part of the country where it was out with the old and in with the new. We lost many lighting, trim and windows/doors in that era.

Ironically it seems in my small town, where there has never been much money/industry, the damage is generally reversible. I have two bathrooms upstairs that in the 1970's had their original ceramic tile painted. Now if the people had been flush (just noticed the play on words here) with money they would have torn it all out. I stripped the paint off the tiles, regrouted and it is a great feature. I did get rid of the old toilets though. :roll:

 

[Johneds]

I take you point Lynn and agree that there was a lot of damage done in and around the 70s. I hope you can see that I am slightly playing devil's advocate but I maintain the basic point that the notion of never altering or adapting an historic building is, in my opinion, wrong. Without adaptation these buildings would not survive. As Penners says, nobody would want them.

I sometimes find it very frustrating when conservation officers have been brainwashed into thinking that everything must be preserved in a certain period and will allow no alteration whatsoever. And even sometimes insist that perfectly good features be removed and replaced with imitations that often represent some random period which has nothing to do with the original building.

Yet on other occassions (just recently in fact) would not allow the removal of a 10 year old MDF staircase. As you can see, I could go on, and on, and on. But I won't.

PS. I don't want to sound like I am generally running down COs here - I find most to be knowledgable and usually very helpful. But I wish those ones could take the others by the scruff of the neck and teach them a thing or two about real life.

 

[Nemesis]

'And my dears, the CO thought our ideas for updating with uPVC windows and cement roofing tiles just too, too divine...'

http://www.english-heritage.org.uk/server/show/nav.9181

http://www.english-heritage.org.uk/server/show/nav.9284



**************************************************************************************************************************

 

[Nemesis]

And here's a brief overview of national Planning Policy Guidance 15, courtesy of the ICE: (apologies I can't at the moment just link to the PDF for technical reasons)

BRIEFING
Briefing Sheets are provided free of charge to help increase knowledge and awareness. They may be freely copied. Care is taken to ensure information is correct, however readers are advised to consult source
documents for authoritative information. The Institution of Civil Engineers is a registered charity No 210252, 1 Great George Street, London SW1P 3AA.
PLANNING POLICY GUIDANCE 15:
PLANNING AND THE HISTORIC ENVIRONMENT
This briefing sheet is intended to provide a guide to PPG 15. It
is not a replacement. In the process of summarising the
document, changes in meaning may have occurred and readers
are advised to consult the source document for definitive
information. The full document is available from HMSO priced
£8.40. The contents of this briefing sheet are a detailed summary
of Part 1 of PPG15, followed by a brief explanation of the
contents of Part 2 of PPG15.
SUMMARY
Listed buildings are protected from demolition or change unless a
convincing argument can be put forward for any such change.
Legislation is not intended to prevent innovation, but local
authorities must carefully consider whether to allow changes to
listed buildings.
PPG 15:
· Gives guidance to all on Government policies for the
preservation protection and classification of listed buildings
and conservation areas
· Not just for local authorities but for developers, public,
property owners, public authorities etc
· Preservation and protection of historic buildings and areas
adds to our national identity and quality of life
· Local authority consultation with local businesses and people
is key
· Imaginative planning can give conservation areas and listed
buildings a new lease of life
· Many historic buildings can be altered without the need to
demolish them, developers must always consider this at the
outset of any development plan
· There are serious consequences for those who don’t obtain
planning permission for works on listed buildings
· Conservation areas are defined as “areas of special
architectural of historic interest the character or appearance of
which it is desirable to preserve or enhance”.
· Local authorities will encourage community involvement in
setting up conservation areas
· Demolition, advertising and planning permissions all differ
from the norm when they apply to conservation areas
· New roads should create as little disruption as possible to
conservation areas, other options such as park and ride may
be preferable. Local authorities can exclude traffic altogether
· A sympathetic approach must be taken when considering
street furniture in conservation areas
The guidance gives comprehensive advice on how to improve the
environment in conservation areas and around listed buildings in
order to benefit all sections of the community. Once listed
buildings or conservation areas have been demolished or
changed, part of our national heritage may have been lost forever.
PART 1
This part covers the interaction between conservation policy and
the planning system. This is the remit of the Secretary of State
for the Environment.
PLANNING AND CONSERVATION
The fundamental principle underlying this section is the need to
retain physical reminders of our past. The presence of these
physical souvenirs preserve our national identity and add to the
quality of our lives.
The role of the planning system
The planning system must:
· Co-ordinate the development and use of land in the public
interest
· Consider the objective of promoting economic growth that is
sustainable
· Provide development to meet the community’s social needs
The aim of planning processes should be to fit the need for
economic growth with the natural and historic surroundings
The historic environment is ubiquitous and it is not possible to
preserve all aspects of it, however through the planning system we
can assess what areas are irreplaceable and where there is capacity
for change
Conservation and economic prosperity
Historic buildings can contribute to the prosperity of the economy
when properly maintained. When conserved, these buildings can
often be used for commercial or residential occupation. Economic
prosperity can then allow the maintenance of such buildings,
providing that their alteration and change of use reflects the needs
of the changing world. Conservation that leads to an enhanced
environment can attract commerce both in terms of offering
attractive living and working environments and by pulling in
tourist and leisure facilities.
Stewardship: the role of local authorities and
others
Government urges local authorities to:
· Maintain commitment to managing the historic surroundings
· Reflect such commitment in policies and budgeting
· Provide highways policies which observe the need to
encourage supportable financial growth whilst preserving the
historic environment
· Have access to specialist conservation advice in order to make
informed decisions
Stewardship of the historic environment is not solely the
responsibility of local authorities, however. Businesses, churches,
voluntary bodies, individual owners and users of conserved
buildings are all stakeholders. Consultation with these people is a
key element in making conservation policy work.
DEVELOPMENT PLANS AND DEVELOPMENTAL
CONTROL
Development plans are required by law to include policies that
conserve natural beauty and improve the physical environment.
When formulating planning policies and development control,
local authorities must take into account the historic relevance of
individual buildings, conservation areas, parks and gardens,
battlefields and the wider landscape.
Briefing Sheets are provided free of charge to help increase knowledge and awareness. They may be freely copied. Care is taken to ensure information is correct, however readers are advised to consult source documents
for authoritative information. The Institution of Civil Engineers is a registered charity No 210252, 1 Great George Street, London SW1P 3AA.
Development plans
Imaginative and careful planning should:
· Increase the conserved area or building’s contribution to local
amenities
· Encourage the re-use of neglected buildings, particularly
where there are large groups of such buildings of where
planning factors like traffic problems discourage use
· Clearly set out all parameters by which planning decisions
will be made. This is particularly important where any
determinations under the Planning Act are required
· Include aspects of conservation policy that relate to
development control decisions such as policies for listed
building alterations or extensions
· Include policies for demolition or alteration - although these
are not considered to be development, they could affect
decisions on related planning permission applications.
Development control
Local planning authorities should consult with developers before
plans become inflexible. If the authorities publicise their
willingness to consult, then they can expect developers to assess
the likely impact of development plans on the historic area or
structure.
Local planning authorities must also consult with the Royal Fine
Art Commission on all applications which cover conservation
issues that are of more than local importance.
New buildings built next to historic buildings should be designed
to blend in to the local setting.
Archaeological significance in relation to historic monuments and
buildings must be assessed before planning applications are
determined.
The setting of listed buildings
It is mandatory for local planning authorities to publish a notice
of any application they receive which they believe will affect the
setting of a listed building. If a listed building is an important
element in a street, for example, then the authority may consider
that any other part of that street is within the setting of the listed
building.
Changes of use
Control over changes of use should be considered sympathetically
by local authorities, where such change would enable
rejuvenation for a historic building or area.
Other considerations
World Heritage Sites, Historic parks and gardens and Historic
battlefields all have non-statutory registers. Local authorities
should carefully consider the impact of development to these
areas when considering any such applications. Planning policies
for World Heritage Sites should be clearly set out in development
plans.
LISTED BUILDING CONTROL
Listed buildings are irreplaceable assets and planning authorities
should favour the preservation of such buildings unless
convincing arguments can be presented for their change or
demolition. The listing of a building does not bar all future
change, it purely asks planning authorities to consider any
applications for change with due regard to the desirability of
preserving such buildings or areas.
General criteria for considering applications
· How important is the building in local and national terms?
· Which physical features are of particular interest? i.e design,
interior, materials
· How does the building’s setting fit in with the local scene, does
it share features with other local buildings?
· Will the proposed works bring substantial economic and other
benefits to the community?
Use
Balancing the effect of any changes to historic buildings against
the need to keep them economically viable in order to survive, is an
important local planning authority role. The ideal is to find the
optimum financially viable use that fits in with the context and
setting of the building.
Buildings considered too delicate to sustain alterations that would
keep them in use, may be preserved by community ownership or
charities.
Alterations and extensions
· Consider the elements that make up the special interest of the
building
· Be aware of previous applications as the cumulative effect of
several alterations can be significant
· Consider the significance of the building, don’t rely exclusively
on its listing grade
· Use specialist expertise to achieve a balance between special
interest and applications for alterations
· Ask the developer to consider looking outside conventional and
orthodox design in order to achieve a balance between
commerce and conservation
Demolitions
Very occasionally demolition of listed buildings is unavoidable,
however consent to demolish any grade I or II* should only be
allowed under the most exceptional of circumstances.
For applications for demolition, the Secretary of State would
expect authorities to consider:
· Whether value can be derived from the continued use of the
property in the long term taking in to account the cost of
repairs and maintenance
· Whether a real effort has been made to maintain the building in
use
· Whether listed buildings can be incorporated into any proposed
development without the need to demolish them.
Called-in applications
In cases of exceptional significance or controversy, the Secretary of
State may require applications for listed building consent to be
referred to him, or called-in. This can also occur in cases where an
application is received by a local authority when a related matter
has already been called-in.
Recording buildings
Any substantial alterations or proposed demolition of listed
buildings must be notified to The Royal Commission on the
Historical Monuments of England so that they can make any
records before changes occur.
Local planning authorities can impose conditions on consent that
require applicants to provide programmes for the recording of
significant features prior to work being carried out.
Applicants for listed building consent should be advised to inform
the authority of any features of interest that are exposed during
alteration works, this can also be an attached condition of consent.
Building and fire legislation
· Make regulations clear before applications have been
determined, then successful outcomes are more likely to be
agreed
Briefing Sheets are provided free of charge to help increase knowledge and awareness. They may be freely copied. Care is taken to ensure information is correct, however readers are advised to consult source documents
for authoritative information. The Institution of Civil Engineers is a registered charity No 210252, 1 Great George Street, London SW1P 3AA.
· Treat disabled user access as a requirement at an early stage
of planning
· For grant-aid renovations, consider whether standard
conditions, such as insulation, would damage the character of
the building
Fixtures and curtilage structures
Applications for consent to alter fixtures or curtilage apply in the
same way as applications for alterations to the building itself.
Any structure or object which has been in existence since before 1
July 1948 will normally be protected by the listed building status
of the main property. However the courts have found that for a
structure to be so protected, it must have served a purpose to the
listed building at or recently prior to listing. A warning is given
that this aspect of listing is liable to change from each court
decision and is therefore not definitive.
Local authority applications
Any such applications should show particular awareness of the
criteria set down for other applicants. They should set a good
example to others. These same recommendations apply to Crown
properties even though they are actually exempt from listed
building controls.
Enforcement and consent for works already
completed
In the case of work carried out without permission, local
authorities can either:
1. Direct that the building be restored to its original state
2. Demand works that will lessen the effects of the work
3. Require the building to be rendered to a desirable state, as
though consent been observed
Consent can be given following works being completed, however
this consent should not be given if alterations are not satisfactory.
Any such works are only valid from the date of consent and
formal charges can be brought for the initial offence.
Bringing formal charges
It is a criminal offence to alter listed buildings without consent,
punishable by large fines and/or imprisonment, however the
following defences can succeed:
· Urgent works were necessary to preserve the building or for
health and safety reasons
· Repair works would not have sufficiently secured safety or
health
· The works were to the minimum immediate necessity
· Written justification of the works were presented to the local
planning authority at the earliest opportunity
Prosecutions may be required as a deterrent to others when the
result of the unauthorised work means that enforcement would
not work because the building is beyond repair.
Court injunctions can also be obtained by authorities where a
breach of planning regulations is occurring or there is evidence to
believe it is likely to occur.
CONSERVATION AREAS
Defined as “areas of special architectural of historic interest the
character or appearance of which it is desirable to preserve or
enhance”.
Assessment and designation
The designation of an area:
· Protects the quality of the townscape
· Encompasses not only the buildings but also building
materials, street furniture and traffic intrusion
· Must be reviewed to decide whether further designation is
required
· Must not be applied inappropriately where there is no special
interest
· Can be withdrawn if the area is no longer of significant
interest
· Should include a definition of the features that make the area
interesting including any unlisted buildings
· Must take into account the resources required to maintain and
enhance it
· Allows control over demolition, minor development and the
protection of trees, it will not always protect landscape features
· Should preferably include consultation with local residents and
businesses
· Should initially be considered by the local planning authority,
although the Secretary of State can use his powers to designate
areas of more than local importance
Conservation area policies
Local planning authorities are required to produce and publish
their proposals for preserving and enhancing conservation areas.
These proposals must also be considered at a public meeting in the
relevant area. There must be consultation with the highway
authority, public utilities and chambers of commerce, and the
proposals must take into account other relevant policies such as
traffic management.
Local information and consultation
Leaflets describing reasons why an area has been designated as a
conservation area, should be made available to local residents and
businesses, including an explanation of how people can contribute
to the protection of its appearance. Local planning authorities
should encourage input from the community by setting up
conservation area advisory committees made up of residents and
local business representatives.
Using planning powers
Local planning authorities will:
· Publish notice of planning applications which would in their
view modify the features or presentation of a conservation area
· Include conservation area policies in the local plan
· Not prevent all development, but must control and positively
manage change
· Often ask for detailed plans of a proposed development before
considering an application for planning permission
· Strongly presume against any development which conflicts
with the preservation or character of a conservation area.
Permitted development in conservation areas
Development that is normally permitted without planning
permission, may well require planning permission in conservation
areas this includes:
· Satellite dishes
· Some types of cladding
· Insertion of dormer windows
· Extensions
Control over demolition
As with applications to demolish listed buildings, local planning
authorities should favour the retention of buildings of special
interest which enhance the character of the conservation area. In
cases where there is no evidence that the building contributes to
the interest of an area, then the planning authority must have sight
of detailed plans of the proposed development of the site. These
plans must be acceptable in order for consent to be granted for
Briefing Sheets are provided free of charge to help increase knowledge and awareness. They may be freely copied. Care is taken to ensure information is correct, however readers are advised to consult source documents
for authoritative information. The Institution of Civil Engineers is a registered charity No 210252, 1 Great George Street, London SW1P 3AA.
demolition. A condition of consent may also be the necessity for
any planning permission for development to be obtained prior to
demolition.
Control over advertisements
Local planning authorities can:
· Embrace advertisement control policies which set out the
types of advertisements which are likely to be acceptable for
the area
· Refuse permission for advertising which would be allowed
without planning permission in non-conservation areas
· Consider initiating programmes with local businesses to
publicise design guidelines and give advice on siting of
advertisements
· Apply to the Secretary of State for a discontinuance of
advertisements which cause substantial injury to amenities
PPG19 gives further advice on advertising control in conservation
areas.
Trees
Although tree preservation orders can be used to protect trees,
generally special additional procedures have to followed in
conservation areas. Six weeks notice must be given to the
planning authority of any proposed cutting-back or felling of trees
in conservation area. This time allows the authority to consider
whether a tree preservation order is necessary.
TRANSPORT AND TRAFFIC MANAGEMENT
The development of transport frameworks can have an enormous
impact on conservation areas. Early consultation on proposals for
development that would affect conservation areas or listed
buildings is recommended. Planning and Highway authorities
can seek the advice of English Heritage.
New routes for traffic
Local authorities can consider other options instead of new roads,
such as:
· Park-and-ride
· Public transport priority
· Park-and-charge
If new roads are essential then they should be planned to create as
little disruption to the conservation area as possible.
Historic Bridges
European and national regulations may require works to be
carried out on historic bridges in order to improve safety. In these
cases a delicate balance must be obtained between safety and the
sympathetic restoration of our heritage. Historic structures such
as bridges and viaducts can often be used in new transport
developments, this can capture many benefits for developers and
local residents.
Roads in town centres or residential areas
Local authorities have powers to protect historic areas through
traffic management. The authority can exclude traffic altogether,
restrict traffic, or introduce traffic-calming action.
· The complete exclusion of traffic from historic areas can
create unwelcoming deserted areas at night time.
· Integration of traffic and pedestrians can induce motorists to
drive more responsibly in these areas.
· Park-and-ride schemes can be used to limit vehicular access
where necessary.
· Any traffic-calming measure should fit in with the historic
feeling of the area.
· Where possible, materials used should fit in with the
surroundings.
Street furniture and materials
These clearly have a profound impact on the look of a conservation
area.
Statutory undertakers must where possible use the same materials,
or the nearest alternative, in order to re-instate highways.
Local authorities should be aware that road signs, road markings,
pillar boxes, street lighting, telephone boxes, railings and other
street furniture can have a substantial effect on the street’s
appearance and should therefore:
· be of suitable quality
· avoid redundant or duplicated signs
· affix to current street furniture where possible
· be the subject of regular audits by the authority
For street lighting in historic areas, high pressure sodium lamps
can give white light which allows better colour rendering than low
pressure sodium monochromatic light.
PART 2
Part 2 covers conservation policy aspects that are mostly
attributable to the Secretary of State for national heritage (now The
Secretary of State for Culture, Media and Sports). These aspects
are primarily to do with the identification and recording of the
historic environment and do not have a direct impact on the
engineering processes. Points to bear in mind are:
Sites of archaeological interest - protected and recorded by
Department of National Heritage (now the DCMS), National
monuments record and the Royal Commission on the Historical
Monuments of England
Number of listed buildings - quadrupled since 1970
Criteria for listing - architectural interest, historical interest,
close historical association and/or group value. Buildings of less
than thirty years old are rarely listed
Certificates of Immunity - Where planning permission has been
obtained for an unlisted property, the developer may obtain a
certificate from the Secretary of State stating that the building will
not be listed within the next five years. If such a certificate is not
granted, then the building will become listed, and listed building
consent will be required.
Repairs - local authorities can carry out urgent repairs on
unoccupied listed buildings (or the empty area of a building which
is partly in use) and recoup the expense from the owner
CPOs - from two months after a repairs notice, if no action has
been taken, then the local planning authority can start compulsory
purchase order proceedings.
Annex A
This section contains details of the organisations involved with
Heritage and relative legislation.
Annex B
This section contains directions on specific elements relating to
Listed Building control, including applications, Purchase Notices
and appeals. There is also an outline of the processes.
Annex C
This section offers comprehensive guidance for listed building
alterations such as alterations to external elevations, windows,
interiors, floors and new services.
Annex D
Bibliography and Index
Elinor Goodchild 1st version 11 December 1998.

 

[Penners]

Sorry - could you just repeat that?

 

[Nemesis]

OK, although the full thing is available via the internetty thingy...

Posted: Thu 7th Sep, 2006 12:49 Post subject:

--------------------------------------------------------------------------------

And here's a brief overview of national Planning Policy Guidance 15, courtesy of the ICE: (apologies I can't at the moment just link to the PDF for technical reasons)

BRIEFING
Briefing Sheets are provided free of charge to help increase knowledge and awareness. They may be freely copied. Care is taken to ensure information is correct, however readers are advised to consult source
documents for authoritative information. The Institution of Civil Engineers is a registered charity No 210252, 1 Great George Street, London SW1P 3AA.
PLANNING POLICY GUIDANCE 15:
PLANNING AND THE HISTORIC ENVIRONMENT
This briefing sheet is intended to provide a guide to PPG 15. It
is not a replacement. In the process of summarising the
document, changes in meaning may have occurred and readers
are advised to consult the source document for definitive
information. The full document is available from HMSO priced
£8.40. The contents of this briefing sheet are a detailed summary
of Part 1 of PPG15, followed by a brief explanation of the
contents of Part 2 of PPG15.
SUMMARY
Listed buildings are protected from demolition or change unless a
convincing argument can be put forward for any such change.
Legislation is not intended to prevent innovation, but local
authorities must carefully consider whether to allow changes to
listed buildings.
PPG 15:
· Gives guidance to all on Government policies for the
preservation protection and classification of listed buildings
and conservation areas
· Not just for local authorities but for developers, public,
property owners, public authorities etc
· Preservation and protection of historic buildings and areas
adds to our national identity and quality of life
· Local authority consultation with local businesses and people
is key
· Imaginative planning can give conservation areas and listed
buildings a new lease of life
· Many historic buildings can be altered without the need to
demolish them, developers must always consider this at the
outset of any development plan
· There are serious consequences for those who don’t obtain
planning permission for works on listed buildings
· Conservation areas are defined as “areas of special
architectural of historic interest the character or appearance of
which it is desirable to preserve or enhance”.
· Local authorities will encourage community involvement in
setting up conservation areas
· Demolition, advertising and planning permissions all differ
from the norm when they apply to conservation areas
· New roads should create as little disruption as possible to
conservation areas, other options such as park and ride may
be preferable. Local authorities can exclude traffic altogether
· A sympathetic approach must be taken when considering
street furniture in conservation areas
The guidance gives comprehensive advice on how to improve the
environment in conservation areas and around listed buildings in
order to benefit all sections of the community. Once listed
buildings or conservation areas have been demolished or
changed, part of our national heritage may have been lost forever.
PART 1
This part covers the interaction between conservation policy and
the planning system. This is the remit of the Secretary of State
for the Environment.
PLANNING AND CONSERVATION
The fundamental principle underlying this section is the need to
retain physical reminders of our past. The presence of these
physical souvenirs preserve our national identity and add to the
quality of our lives.
The role of the planning system
The planning system must:
· Co-ordinate the development and use of land in the public
interest
· Consider the objective of promoting economic growth that is
sustainable
· Provide development to meet the community’s social needs
The aim of planning processes should be to fit the need for
economic growth with the natural and historic surroundings
The historic environment is ubiquitous and it is not possible to
preserve all aspects of it, however through the planning system we
can assess what areas are irreplaceable and where there is capacity
for change
Conservation and economic prosperity
Historic buildings can contribute to the prosperity of the economy
when properly maintained. When conserved, these buildings can
often be used for commercial or residential occupation. Economic
prosperity can then allow the maintenance of such buildings,
providing that their alteration and change of use reflects the needs
of the changing world. Conservation that leads to an enhanced
environment can attract commerce both in terms of offering
attractive living and working environments and by pulling in
tourist and leisure facilities.
Stewardship: the role of local authorities and
others
Government urges local authorities to:
· Maintain commitment to managing the historic surroundings
· Reflect such commitment in policies and budgeting
· Provide highways policies which observe the need to
encourage supportable financial growth whilst preserving the
historic environment
· Have access to specialist conservation advice in order to make
informed decisions
Stewardship of the historic environment is not solely the
responsibility of local authorities, however. Businesses, churches,
voluntary bodies, individual owners and users of conserved
buildings are all stakeholders. Consultation with these people is a
key element in making conservation policy work.
DEVELOPMENT PLANS AND DEVELOPMENTAL
CONTROL
Development plans are required by law to include policies that
conserve natural beauty and improve the physical environment.
When formulating planning policies and development control,
local authorities must take into account the historic relevance of
individual buildings, conservation areas, parks and gardens,
battlefields and the wider landscape.
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for authoritative information. The Institution of Civil Engineers is a registered charity No 210252, 1 Great George Street, London SW1P 3AA.
Development plans
Imaginative and careful planning should:
· Increase the conserved area or building’s contribution to local
amenities
· Encourage the re-use of neglected buildings, particularly
where there are large groups of such buildings of where
planning factors like traffic problems discourage use
· Clearly set out all parameters by which planning decisions
will be made. This is particularly important where any
determinations under the Planning Act are required
· Include aspects of conservation policy that relate to
development control decisions such as policies for listed
building alterations or extensions
· Include policies for demolition or alteration - although these
are not considered to be development, they could affect
decisions on related planning permission applications.
Development control
Local planning authorities should consult with developers before
plans become inflexible. If the authorities publicise their
willingness to consult, then they can expect developers to assess
the likely impact of development plans on the historic area or
structure.
Local planning authorities must also consult with the Royal Fine
Art Commission on all applications which cover conservation
issues that are of more than local importance.
New buildings built next to historic buildings should be designed
to blend in to the local setting.
Archaeological significance in relation to historic monuments and
buildings must be assessed before planning applications are
determined.
The setting of listed buildings
It is mandatory for local planning authorities to publish a notice
of any application they receive which they believe will affect the
setting of a listed building. If a listed building is an important
element in a street, for example, then the authority may consider
that any other part of that street is within the setting of the listed
building.
Changes of use
Control over changes of use should be considered sympathetically
by local authorities, where such change would enable
rejuvenation for a historic building or area.
Other considerations
World Heritage Sites, Historic parks and gardens and Historic
battlefields all have non-statutory registers. Local authorities
should carefully consider the impact of development to these
areas when considering any such applications. Planning policies
for World Heritage Sites should be clearly set out in development
plans.
LISTED BUILDING CONTROL
Listed buildings are irreplaceable assets and planning authorities
should favour the preservation of such buildings unless
convincing arguments can be presented for their change or
demolition. The listing of a building does not bar all future
change, it purely asks planning authorities to consider any
applications for change with due regard to the desirability of
preserving such buildings or areas.
General criteria for considering applications
· How important is the building in local and national terms?
· Which physical features are of particular interest? i.e design,
interior, materials
· How does the building’s setting fit in with the local scene, does
it share features with other local buildings?
· Will the proposed works bring substantial economic and other
benefits to the community?
Use
Balancing the effect of any changes to historic buildings against
the need to keep them economically viable in order to survive, is an
important local planning authority role. The ideal is to find the
optimum financially viable use that fits in with the context and
setting of the building.
Buildings considered too delicate to sustain alterations that would
keep them in use, may be preserved by community ownership or
charities.
Alterations and extensions
· Consider the elements that make up the special interest of the
building
· Be aware of previous applications as the cumulative effect of
several alterations can be significant
· Consider the significance of the building, don’t rely exclusively
on its listing grade
· Use specialist expertise to achieve a balance between special
interest and applications for alterations
· Ask the developer to consider looking outside conventional and
orthodox design in order to achieve a balance between
commerce and conservation
Demolitions
Very occasionally demolition of listed buildings is unavoidable,
however consent to demolish any grade I or II* should only be
allowed under the most exceptional of circumstances.
For applications for demolition, the Secretary of State would
expect authorities to consider:
· Whether value can be derived from the continued use of the
property in the long term taking in to account the cost of
repairs and maintenance
· Whether a real effort has been made to maintain the building in
use
· Whether listed buildings can be incorporated into any proposed
development without the need to demolish them.
Called-in applications
In cases of exceptional significance or controversy, the Secretary of
State may require applications for listed building consent to be
referred to him, or called-in. This can also occur in cases where an
application is received by a local authority when a related matter
has already been called-in.
Recording buildings
Any substantial alterations or proposed demolition of listed
buildings must be notified to The Royal Commission on the
Historical Monuments of England so that they can make any
records before changes occur.
Local planning authorities can impose conditions on consent that
require applicants to provide programmes for the recording of
significant features prior to work being carried out.
Applicants for listed building consent should be advised to inform
the authority of any features of interest that are exposed during
alteration works, this can also be an attached condition of consent.
Building and fire legislation
· Make regulations clear before applications have been
determined, then successful outcomes are more likely to be
agreed
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for authoritative information. The Institution of Civil Engineers is a registered charity No 210252, 1 Great George Street, London SW1P 3AA.
· Treat disabled user access as a requirement at an early stage
of planning
· For grant-aid renovations, consider whether standard
conditions, such as insulation, would damage the character of
the building
Fixtures and curtilage structures
Applications for consent to alter fixtures or curtilage apply in the
same way as applications for alterations to the building itself.
Any structure or object which has been in existence since before 1
July 1948 will normally be protected by the listed building status
of the main property. However the courts have found that for a
structure to be so protected, it must have served a purpose to the
listed building at or recently prior to listing. A warning is given
that this aspect of listing is liable to change from each court
decision and is therefore not definitive.
Local authority applications
Any such applications should show particular awareness of the
criteria set down for other applicants. They should set a good
example to others. These same recommendations apply to Crown
properties even though they are actually exempt from listed
building controls.
Enforcement and consent for works already
completed
In the case of work carried out without permission, local
authorities can either:
1. Direct that the building be restored to its original state
2. Demand works that will lessen the effects of the work
3. Require the building to be rendered to a desirable state, as
though consent been observed
Consent can be given following works being completed, however
this consent should not be given if alterations are not satisfactory.
Any such works are only valid from the date of consent and
formal charges can be brought for the initial offence.
Bringing formal charges
It is a criminal offence to alter listed buildings without consent,
punishable by large fines and/or imprisonment, however the
following defences can succeed:
· Urgent works were necessary to preserve the building or for
health and safety reasons
· Repair works would not have sufficiently secured safety or
health
· The works were to the minimum immediate necessity
· Written justification of the works were presented to the local
planning authority at the earliest opportunity
Prosecutions may be required as a deterrent to others when the
result of the unauthorised work means that enforcement would
not work because the building is beyond repair.
Court injunctions can also be obtained by authorities where a
breach of planning regulations is occurring or there is evidence to
believe it is likely to occur.
CONSERVATION AREAS
Defined as “areas of special architectural of historic interest the
character or appearance of which it is desirable to preserve or
enhance”.
Assessment and designation
The designation of an area:
· Protects the quality of the townscape
· Encompasses not only the buildings but also building
materials, street furniture and traffic intrusion
· Must be reviewed to decide whether further designation is
required
· Must not be applied inappropriately where there is no special
interest
· Can be withdrawn if the area is no longer of significant
interest
· Should include a definition of the features that make the area
interesting including any unlisted buildings
· Must take into account the resources required to maintain and
enhance it
· Allows control over demolition, minor development and the
protection of trees, it will not always protect landscape features
· Should preferably include consultation with local residents and
businesses
· Should initially be considered by the local planning authority,
although the Secretary of State can use his powers to designate
areas of more than local importance
Conservation area policies
Local planning authorities are required to produce and publish
their proposals for preserving and enhancing conservation areas.
These proposals must also be considered at a public meeting in the
relevant area. There must be consultation with the highway
authority, public utilities and chambers of commerce, and the
proposals must take into account other relevant policies such as
traffic management.
Local information and consultation
Leaflets describing reasons why an area has been designated as a
conservation area, should be made available to local residents and
businesses, including an explanation of how people can contribute
to the protection of its appearance. Local planning authorities
should encourage input from the community by setting up
conservation area advisory committees made up of residents and
local business representatives.
Using planning powers
Local planning authorities will:
· Publish notice of planning applications which would in their
view modify the features or presentation of a conservation area
· Include conservation area policies in the local plan
· Not prevent all development, but must control and positively
manage change
· Often ask for detailed plans of a proposed development before
considering an application for planning permission
· Strongly presume against any development which conflicts
with the preservation or character of a conservation area.
Permitted development in conservation areas
Development that is normally permitted without planning
permission, may well require planning permission in conservation
areas this includes:
· Satellite dishes
· Some types of cladding
· Insertion of dormer windows
· Extensions
Control over demolition
As with applications to demolish listed buildings, local planning
authorities should favour the retention of buildings of special
interest which enhance the character of the conservation area. In
cases where there is no evidence that the building contributes to
the interest of an area, then the planning authority must have sight
of detailed plans of the proposed development of the site. These
plans must be acceptable in order for consent to be granted for
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for authoritative information. The Institution of Civil Engineers is a registered charity No 210252, 1 Great George Street, London SW1P 3AA.
demolition. A condition of consent may also be the necessity for
any planning permission for development to be obtained prior to
demolition.
Control over advertisements
Local planning authorities can:
· Embrace advertisement control policies which set out the
types of advertisements which are likely to be acceptable for
the area
· Refuse permission for advertising which would be allowed
without planning permission in non-conservation areas
· Consider initiating programmes with local businesses to
publicise design guidelines and give advice on siting of
advertisements
· Apply to the Secretary of State for a discontinuance of
advertisements which cause substantial injury to amenities
PPG19 gives further advice on advertising control in conservation
areas.
Trees
Although tree preservation orders can be used to protect trees,
generally special additional procedures have to followed in
conservation areas. Six weeks notice must be given to the
planning authority of any proposed cutting-back or felling of trees
in conservation area. This time allows the authority to consider
whether a tree preservation order is necessary.
TRANSPORT AND TRAFFIC MANAGEMENT
The development of transport frameworks can have an enormous
impact on conservation areas. Early consultation on proposals for
development that would affect conservation areas or listed
buildings is recommended. Planning and Highway authorities
can seek the advice of English Heritage.
New routes for traffic
Local authorities can consider other options instead of new roads,
such as:
· Park-and-ride
· Public transport priority
· Park-and-charge
If new roads are essential then they should be planned to create as
little disruption to the conservation area as possible.
Historic Bridges
European and national regulations may require works to be
carried out on historic bridges in order to improve safety. In these
cases a delicate balance must be obtained between safety and the
sympathetic restoration of our heritage. Historic structures such
as bridges and viaducts can often be used in new transport
developments, this can capture many benefits for developers and
local residents.
Roads in town centres or residential areas
Local authorities have powers to protect historic areas through
traffic management. The authority can exclude traffic altogether,
restrict traffic, or introduce traffic-calming action.
· The complete exclusion of traffic from historic areas can
create unwelcoming deserted areas at night time.
· Integration of traffic and pedestrians can induce motorists to
drive more responsibly in these areas.
· Park-and-ride schemes can be used to limit vehicular access
where necessary.
· Any traffic-calming measure should fit in with the historic
feeling of the area.
· Where possible, materials used should fit in with the
surroundings.
Street furniture and materials
These clearly have a profound impact on the look of a conservation
area.
Statutory undertakers must where possible use the same materials,
or the nearest alternative, in order to re-instate highways.
Local authorities should be aware that road signs, road markings,
pillar boxes, street lighting, telephone boxes, railings and other
street furniture can have a substantial effect on the street’s
appearance and should therefore:
· be of suitable quality
· avoid redundant or duplicated signs
· affix to current street furniture where possible
· be the subject of regular audits by the authority
For street lighting in historic areas, high pressure sodium lamps
can give white light which allows better colour rendering than low
pressure sodium monochromatic light.
PART 2
Part 2 covers conservation policy aspects that are mostly
attributable to the Secretary of State for national heritage (now The
Secretary of State for Culture, Media and Sports). These aspects
are primarily to do with the identification and recording of the
historic environment and do not have a direct impact on the
engineering processes. Points to bear in mind are:
Sites of archaeological interest - protected and recorded by
Department of National Heritage (now the DCMS), National
monuments record and the Royal Commission on the Historical
Monuments of England
Number of listed buildings - quadrupled since 1970
Criteria for listing - architectural interest, historical interest,
close historical association and/or group value. Buildings of less
than thirty years old are rarely listed
Certificates of Immunity - Where planning permission has been
obtained for an unlisted property, the developer may obtain a
certificate from the Secretary of State stating that the building will
not be listed within the next five years. If such a certificate is not
granted, then the building will become listed, and listed building
consent will be required.
Repairs - local authorities can carry out urgent repairs on
unoccupied listed buildings (or the empty area of a building which
is partly in use) and recoup the expense from the owner
CPOs - from two months after a repairs notice, if no action has
been taken, then the local planning authority can start compulsory
purchase order proceedings.
Annex A
This section contains details of the organisations involved with
Heritage and relative legislation.
Annex B
This section contains directions on specific elements relating to
Listed Building control, including applications, Purchase Notices
and appeals. There is also an outline of the processes.
Annex C
This section offers comprehensive guidance for listed building
alterations such as alterations to external elevations, windows,
interiors, floors and new services.
Annex D
Bibliography and Index
Elinor Goodchild 1st version 11 December 1998.

 

[Penners]

Nemesis - don't you know by now never to take me seriously?!