Regulation 19 Rutland Local Plan

Policy EN13: Protecting heritage assets Comment

1. 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.
    
2. 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:
   1. 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;
   2. where relevant and practical, remove features which have a negative impact on the character and appearance of the Conservation Area;
   3. retain and reinforce local distinctiveness with reference to height, massing, scale, form, materials, and plot widths of the existing built environment;
   4. assess, and mitigate against, any negative impact the proposal might have on the townscape, roofscape, skyline and landscape; and
   5. aim to protect trees, or where losses are proposed, demonstrate how such losses are appropriately mitigated against.
3. 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.
    
   1. the benefits of the development outweigh the harm to the remains and the value of retaining the remains in situ; and
   2. the degree of disturbance has been minimised; and
   3. satisfactory provision is made for the evaluation, excavation, recording and interpretation of the remains before the commencement of development.
4. 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:
   1. all reasonable steps have been taken to retain the building, including examination of alternative uses compatible with its local importance;
   2. the retention of the building, even with alterations, would be demonstrably impracticable; and
   3. the public benefits of the scheme outweigh the loss of, or substantial alteration to, the building.
5. 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:
   1. 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;
   2. the proposal preserves the structure's historic, cultural, and architectural features and its character;
   3. 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
   4. it would not adversely affect protected species or habitat.