Regulation 19 Rutland Local Plan
Protecting Heritage Assets
What will this policy do?
Rutland is a unique place with a wide variety of important historical features, this policy sets out the means of achieving the overarching objective of conserving the historic and heritage assets within Rutland. Through identifying the different types of assets and the requirements in which they are approached through any proposed development.
Policy EN13: Protecting heritage assets View comments
- Designated heritage assets
The Council will apply national policy to development proposals which affect designated heritage assets. This includes Listed Buildings, Conservation Areas, and Scheduled Monuments. National policy for designated assets will also be used to consider development proposals which affect the setting of designated assets.
- Conservation Areas
Significant weight will be given to the protection and enhancement of Conservation Areas (as defined on the Policies Map). Development within, affecting the setting of, or affecting views into or out of, a Conservation Area should conserve, or where appropriate enhance, features that contribute positively to the area's special character, appearance and setting, including as identified in any adopted Conservation Area appraisal. Proposals should:- retain buildings/groups of buildings, existing street patterns, historic building lines and ground surfaces and architectural details that contribute to the character and appearance of the area;
- where relevant and practical, remove features which have a negative impact on the character and appearance of the Conservation Area;
- retain and reinforce local distinctiveness with reference to height, massing, scale, form, materials, and plot widths of the existing built environment;
- assess, and mitigate against, any negative impact the proposal might have on the townscape, roofscape, skyline and landscape; and
- aim to protect trees, or where losses are proposed, demonstrate how such losses are appropriately mitigated against.
- Archaeology
Development affecting archaeological remains, whether known or potential, designated, or undesignated, should take every practical and reasonable step to protect and, where possible, enhance their significance. Planning applications for such development should be accompanied by an appropriate and proportionate assessment to understand the potential for and significance of remains, and the impact of development upon them. If an initial assessment does not provide sufficient information, developers will be required to undertake field evaluation in advance of determination of the application. This may include a range of techniques for both intrusive and non-intrusive evaluation, as appropriate to the site.
Wherever possible and appropriate, mitigation strategies should ensure the preservation of archaeological remains in-situ. Where this is either not possible or not desirable, provision must be made for preservation by record according to an agreed written scheme of investigation submitted by the developer and approved by the planning authority. Any work undertaken as part of the planning process must be appropriately archived in a way agreed with the local planning authority.
There is presumption against development proposals that would result in the removal or destruction of remains of archaeological interest that are considered to be of equal significance to a scheduled monument.
Development that would adversely affect other important archaeological remains will only be acceptable where:Where development can take place and still preserve important features in situ, planning conditions will be sought to secure the implementation of effective management plans that ensure the continued protection of those features.
- the benefits of the development outweigh the harm to the remains and the value of retaining the remains in situ; and
- the degree of disturbance has been minimised; and
- satisfactory provision is made for the evaluation, excavation, recording and interpretation of the remains before the commencement of development.
- Buildings of local importance/non-designated heritage assets
Development that has the potential to affect a non-designated heritage asset (for example Ridge and Furrow landscape) will need to have regard to the scale of any harm or loss and the particular significance of the heritage asset and its setting.
Where planning permission is required, which would involve the demolition of, or substantial alteration to, the external appearance of any building designated as being of local importance will only be allowed where it is demonstrated that:- all reasonable steps have been taken to retain the building, including examination of alternative uses compatible with its local importance;
- the retention of the building, even with alterations, would be demonstrably impracticable; and
- the public benefits of the scheme outweigh the loss of, or substantial alteration to, the building.
- Re-use of historic buildings
The conversion or change of use of a statutorily protected or locally listed building or structure which makes a significant historical, cultural, or architectural contribution to the character of the area will only be acceptable where:- a structural survey demonstrates that the conversion or change of use can be undertaken without extensive building works, alterations or extensions that would have a significant detrimental effect on the structure's character and appearance;
- the proposal preserves the structure's historic, cultural, and architectural features and its character;
- the nature, scale and intensity of the proposed use are compatible with, and would not prejudice, surrounding uses or the character of the locality; and
- it would not adversely affect protected species or habitat.
Why is this policy needed?
The Council has carried out conservation area appraisals for a number of villages in Rutland. These identify and explain how the special interest of such areas will be preserved and enhanced and identify buildings of local importance in these villages. Appraisals will be undertaken and reviewed over time, and management plans prepared for the remainder of the conservation areas to monitor change and identify opportunities for enhancement.
Sixteen Article 4 Directions have been made within Rutland these introduce tighter controls within conservation areas and other sites or areas of heritage importance to control certain types of permitted development which, if unchecked, would cause harm to the special character and appearance of such areas. Neighbourhood Plans offer a further opportunity for local communities to identify the unique historic character of their settlements; identify key local building styles and characteristics which can inform and guide new development proposals and include the identification of locally important non designated heritage assets.
Other measures for preserving or enhancing heritage assets may include:
- actions to ensure the proper conservation of all heritage assets that are at risk
- the maintenance and repair of heritage assets
In 2019 the following features were identified by Historic England as being at risk in Rutland and the Council will consider measures to ensure that these are protected and enhanced as appropriate:
- Old Hall Ruins (Exton)
- Oakham Castle Walls (n.b. works to restore the walls have now been completed)
- Church of St Mary, Greetham
- Church of St Mary, Cottesmore Road, Ashwell
Historic England's Register only covers Grade I and Grade II* Listed Buildings, Grade II listed places of worship across England. Authorities are expected to maintain their own register for Grade II listed buildings.
The Council will support the supply of locally sourced building materials where necessary for conservation purposes such as the repair and maintenance of historic buildings and structures in Rutland.
The NPPF provides national policy for considering proposals which affect a heritage asset. This includes the need to assess the effect of a proposal on the significance of an asset and the need for a balanced judgment about the scale of any harm or loss and the significance of the heritage asset.
Supporting Evidence
National Planning Policy Framework 2023
Conservation Areas Appraisals
Historic England Guide – The Historic Environment in Local Plans