12 TH ANNUAL CHILTERNS AONB PLANNING CONFERENCE ENGLISH HERITAGE: HISTORIC ENVIRONMENT GOOD PRACTICE ADVICE

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1 12 TH ANNUAL CHILTERNS AONB PLANNING CONFERENCE ENGLISH HERITAGE: HISTORIC ENVIRONMENT GOOD PRACTICE ADVICE MARTIN SMALL HISTORIC ENVIRONMENT PLANNING ADVISER ENGLISH HERITAGE

2 Policy

3 ENGLISH HERITAGE GOOD DOCUMENT PRACTICE ADVICE TITLE

4 Guidance

5 Information

6 ENGLISH HERITAGE GOOD DOCUMENT PRACTICE ADVICE TITLE

7 Why are these distinctions important? Former PPGs contained policy, guidance and information Former PPSs contained largely policy but with some guidance NPPF is just policy (National) Planning Practice Guidance is guidance Only the Government can produce policy or guidance Other bodies can only produce advice or information

8 Lord Taylor Review of Planning Practice Guidance Conclusions Guidance should be cut to that which is essential and clearly defined and described as Government Planning Practice Guidance. Guidance can never replace local judgement and the application of professional expertise it can merely assist. Best practice in the form of exemplar schemes from around the country is constantly evolving, so this kind of best practice material is not best managed by Government but by practitioner bodies. It should be removed from current guidance and excluded in future. Government guidance should instead highlight the organisations where such material may be found where this is helpful, but it should not be the function of Government to provide or endorse it. Updates should replace rather than amend. Live management of the set of guidance must be the core task for Government. It needs to be much clearer what is formal Government Planning Practice Guidance supporting the NPPF and local planning management.

9 Advice

10 Hierarchy POLICY National Planning Policy Framework GUIDANCE National Planning Practice Guidance ADVICE EH Good Practice Advice INFORMATION e.g. EH Strategic Environmental Assessment, Sustainability Appraisal and the Historic Environment

11 Good Practice Advice Notes EH undertaking a review of its guidance Three Good Practice Advice Notes published in July Out for consultation until 5 th September Historic Environment Good Practice Advice in Planning - Note 1: The Historic Environment in Local Plans - Note 2: Decision-Taking in the Historic Environment - Note 3: The Setting of Heritage Assets More detailed information Technical Advice in Planning to come These documents will replace the existing PPS5 Historic Environment Planning Practice Guide (2010) and other guidance

12 Disclaimer The purpose of this English Heritage Good Practice Advice note is to provide information on good practice to assist local authorities, planning and other consultants, owners, applicants and other interested parties in implementing historic environment policy in the National Planning Policy Framework (NPPF) and the related guidance given in the National Planning Practice Guide (PPG). This good practice advice therefore supports the implementation of national policy, but does not constitute a statement of Government policy itself, nor does it seek to prescribe a single methodology or particular data sources. Alternative approaches may be equally acceptable, provided they are demonstrably compliant with national policies and objectives.

13 Note 1: The Historic Environment in Local Plans Sets out the NPPF requirements for Local Plans in respect of the historic environment Local Plans should: be based on adequate, up to date and relevant evidence about the economic, social and environmental characteristics and prospects of the area which would include the historic environment. In particular this up to date evidence should be used to assess the significance of heritage assets and the contribution they make to the environment; set out a positive and clear strategy for the conservation and enjoyment [and enhancement] of the historic environment; contain strategic policies to deliver the conservation and enhancement of the historic environment; and consider whether the Local Plan needs to identify land where development would be inappropriate because of its environmental or historic significance.

14 Note 1: The Historic Environment in Local Plans The evidence base: Not simply an exercise in setting out known sites but, rather, in understanding their value to society i.e. their significance) Sources of evidence Application of evidence A positive strategy: Not a passive exercise but a plan for the maintenance and use of heritage assets and for the delivery of development within their setting that will make a positive contribution to local character and distinctiveness Potentially engages all aspects of planning e.g. housing, transport, retail; need to consider the inter-relationship of the strategy for the historic environment with a range of other matters Conservation is certainly not a stand alone exercise satisfied by stand alone policies that repeat the NPPF objectives Sets out a range of factors to be considered in formulating a strategy e.g. future development, archaeology, local distinctiveness, local lists etc.

15 Note 1: The Historic Environment in Local Plans Strategic policies: The local plan is the starting point for determining planning applications Neighbourhood Plans only required to be in general confirm with the strategic policies of the local plan Identifying sites inappropriate for development: e.g. tall buildings within identified view corridors Development Management policies for the historic environment: Where needed to amplify a general overarching strategic policy Where further clarity would be useful Where necessary to address the local circumstances of the Plan area Where necessary to address cross-boundary issues Site Allocations: To be the subject of a Technical Advice in Planning paper

16 Note 1: The Historic Environment in Local Plans Planning across boundaries Nationally Significant Infrastructure Projects Marine Planning Community Infrastructure Levy Section 106 Agreements Infrastructure Delivery Plans Strategic Environmental Assessments/Sustainability Appraisals Neighbourhood Plans

17 Note 2: Decision-taking in the historic environment General advice: Early engagement and pre-application discussion Structured approach to the assembly and analysis of relevant information The assessment of significance: Heritage values Conservation Principles (EH 2008) Nature and level of significance Extent of fabric holding that significance Effects on significance (direct or indirect) (to a level of thoroughness appropriate to the relative importance of the asset) Heritage Assets and Significance Curtilage Structures Archaeological and historic interest

18 Note 2: Decision-taking in the historic environment Using appropriate expertise Finding appropriate information (Historic Environment Records) Assessing the proposals ( substantial harm or less than substantial harm) Changes to the listed building consent regime Detailed advice on decision-taking for archaeological assets Unauthorised works, enforcement notices and prosecution Marketing/Public or charitable interest and support for assets at threat Opportunities to enhance assets, their setting and local distinctiveness

19 Note 2: What is a heritage asset? Heritage asset: A building, monument, site, place, area or landscape identified as having a degree of significance meriting consideration in planning decisions, because of its heritage interest. Heritage asset includes designated heritage assets and assets identified by the local planning authority (including local listing).

20 Note 2: What is significance? Heritage Interest Characteristics Architectural Historic Archaeological Artistic

21 Note 2: What is significance? Heritage Interest Heritage Values Properties Architectural Historic Archaeological Artistic Contribution Historical Evidential Aesthetic Communal

22 Note 2: What is significance? Heritage Interest Heritage Values Assessment of importance Properties Architectural Historic Archaeological Artistic Contribution Historical Evidential Aesthetic Communal Specialness Rarity Age Integrity Group

23 Note 2: Structured approach re relevant information Understanding significance Understanding impact Avoiding, minimising and mitigating impact Looking for opportunities to better reveal or enhance significance Justifying any remaining harm Recording significance

24 Note 2: How to assess impact? 1. Check a. the Local Plan b. main local and national records including the relevant Historic Environment Record c. statutory and local lists, d. the Heritage Gateway, e. the English Heritage Archive, and f. other relevant sources of information that would provide an understanding of the history of the place and the value the asset holds for society. 2. Examine the asset and its setting. 3. Consider whether the nature of the affected significance requires an expert assessment to gain the necessary level of understanding. 4. Carry out additional investigations (possibly physically intrusive, where necessary) where initial research has established an architectural, historic, artistic and/or archaeological interest but where the extent, nature or importance needs to be established more clearly.

25 Note 2: How to assess impact? 5. Consider and if necessary confirm, whether any investigative work may itself require listed building consent, scheduled monument consent or other permissions. 6. Where an archaeological desk based assessment is insufficient to assess the archaeological interest of a heritage asset fully, consider whether an on site field evaluation would provide the necessary information. 7. In order to ensure that the scope of the assessment or evaluation meets the requirements of the local planning authority and avoids the risk of damage to heritage assets, it is good practice to discuss the scope of the work with the local planning authority in advance and to agree a written scheme of investigation, if necessary, before commencement thus precluding abortive work. 8. Consider, in the case of buildings, whether physical intervention, such as the removal of plaster, may be helpful to reveal important details.

26 Note 2: Harm Change to heritage assets is inevitable but it is only harmful when significance is damaged. Significance can be harmed or lost through alteration or destruction of the heritage asset or development within its setting. As heritage assets are irreplaceable, any harm or loss should require clear and convincing justification. Substantial harm to or loss of a grade II listed building, park or garden should be exceptional. Substantial harm to or loss of designated heritage assets of the highest significance should be wholly exceptional. Where a proposed development will lead to substantial harm to or total loss of significance of a designated heritage asset, local planning authorities should refuse consent, unless it can be demonstrated that the substantial harm or loss is necessary to achieve substantial public benefits that outweigh that harm or loss.

27 Note 2: Harm Where a development proposal will lead to less than substantial harm to the significance of a designated heritage asset, this harm should be weighed against the public benefits of the proposal, including securing its optimum viable use. The effect of an application on the significance of a non-designated heritage asset should be taken into account in determining the application. In weighing applications that affect directly or indirectly non designated heritage assets, a balanced judgement will be required having regard to the scale of any harm or loss and the significance of the heritage asset.

28 Note 3: The Setting of Heritage Assets Setting defined in the NPPF as The surroundings in which a heritage asset is experienced. Its extent is not fixed and may change as the asset and its surroundings evolve. Elements of a setting may make a positive or negative contribution to the significance of an asset, may affect the ability to appreciate that significance or may be neutral. Existing EH guidance published October 2011

29 Note 3: The Setting of Heritage Assets Relationship of setting to curtilage, character and context The extent of setting Views and setting Setting and the significance of heritage assets A staged approach to proportionate decision-making

30 Note 3: Views Views which contribute more to understanding the significance of a heritage asset include: those where relationships between the asset and other historic assets or places or natural features are particularly relevant; those with historical associations, including viewing points; those where the composition within the view was a fundamental aspect of the design of the heritage asset; and those between heritage assets and natural or topographic features, or phenomena such as solar and lunar events. Assets, whether contemporaneous or otherwise, which were intended to be seen from one another for aesthetic, functional, ceremonial or religious reasons include: military and defensive sites; telegraphs or beacons; prehistoric funerary and ceremonial sites; historic parks and gardens with deliberate links to other designed landscapes, and remote eye catching features or borrowed landmarks beyond the park.

31 Note 3: Views Particular views may be identified and protected by local planning policies and guidance. This does not mean that additional views or other elements or attributes of setting do not merit consideration. Such views include: views identified as part of the plan making process, such as those identified in Oxford City Council s View Cones views identified in character area appraisals or in management plans important designed views from, to and within historic parks and gardens that have been identified as part of the evidence base for development plans, such as those noted during English Heritage s 2001 upgrading of the national Register of Historic Parks and Gardens views that are identified when assessing sites as part of preparing development proposals.

32 Note 3: Setting and the Significance of Assets Cumulative change Change over time Appreciating setting Buried assets and setting Designed settings Setting and urban design Setting and economic and social viability

33 Note 3: A Staged Approach All heritage assets have significance, some of which have particular significance and are designated and the contribution made by their setting to their significance also varies. Nor do all settings have the same capacity to accommodate change without harm to the significance of the heritage asset. This capacity may vary between designated assets of the same grade or of the same type or according to the nature of the change. It can also depend on the location of the asset.

34 Note 3: A Staged Approach Identify which heritage assets and their settings are affected Assess whether, how and to what degree these settings make a contribution to the significance of the heritage asset(s) Assess the effects of the proposed development, whether beneficial or harmful, of that significance Explore the way to maximise enhancement and avoid or minimise harm Make and document the decision and monitor outcomes.

35 Conclusion Consultations closed. Comments being reviewed and GPA Notes revised. Finalised versions to be published in early 2015? Remember that this is advice: no compulsion to take it (but we hope local planning authorities, developers etc will!). More advice to come: ForthcomingGuidanceAug14.pdf

36 Thank MARTIN SMALL you