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ANNEX A: MODEL POLICIES
Listed Buildings
Buildings of special architectural or historic interest are listed by the Scottish Ministers and divided into non-statutory categories A, B or C(s). The purpose of listing is to ensure that any demolition, alteration, repair or extension that would affect the building's special interest is controlled. When determining planning applications, Sections 14(2), and 59(1) of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 place a duty on Councils to have special regard to the desirability of preserving a listed building, or its setting, or any features of special architectural or historic interest which it possesses. In relation to the historic environment, SPP 23 provides the national planning policy context for listed buildings and is a material consideration in the determination of planning applications. Planning Circular 13/1998 refers planning authorities to The Memorandum of Guidance on Listed Buildings and Conservation Areas 1998 in their consideration of listed building consent matters.
MODEL POLICY 1: Listed Buildings
Development affecting a listed building, or its setting, shall preserve the building, or its setting, or any features of special architectural or historic interest which it possesses.
The layout, design, materials, scale, siting and use of any development shall be appropriate to the character and appearance of the listed building and its setting.
MODEL POLICY 1A: Demolition of Listed Buildings
Proposals for the total or substantial demolition of a listed building will only be supported where it is demonstrated beyond reasonable doubt that every effort has been exerted by all concerned to find practical ways of keeping it. This will be demonstrated by inclusion of evidence to the planning authority that the building:
1) has been actively marketed at a reasonable price and for a period reflecting its location, condition and possible viable uses without finding a purchaser; and
2) is incapable of physical repair and re-use through the submission and verification of a thorough structural condition report.
RCAHMS shall be formally notified of all proposals to demolish listed buildings to enable features to be recorded.
Conservation Areas
Conservation Areas are areas of special architectural or historic interest, the character or appearance of which it is considered to be important to preserve or enhance. The main implication of designation is that consent will be required for specific types of development that would not otherwise require consent. This level of control can, in certain circumstances, be further extended through the introduction of an Article 4 Direction.
When determining planning applications, the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 places a duty on planning authorities to have special regard to the desirability of preserving or enhancing the character or appearance of the relevant designated area. Sections 159, 160 and 172 of the Town and Country Planning (Scotland) Act 1997 give planning authorities the powers to preserve trees in a conservation area in the interests of amenity. In relation to the historic environment, SPP 23 provides the national planning policy context for conservation areas and is a material consideration in the determination of planning applications. Planning Circular 13/1998 refers Councils to The Memorandum of Guidance on Listed Buildings and Conservation Areas 1998 in their consideration of an application affecting a conservation area.
MODEL POLICY 2: Conservation Areas
Development and demolition within a conservation area or affecting its setting shall preserve or enhance its character and be consistent with any relevant conservation area appraisal or management plan that may have been prepared for the area.
The design, materials, scale and siting of any development shall be appropriate to the character of the conservation area and its setting. Trees which are considered by the planning authority to have amenity value shall be preserved. Given the importance of assessing design matters, outline planning applications will not normally be considered appropriate for developments in conservation areas.
Where an existing building, listed or not, contributes positively to the character of the conservation area, policy 1A on demolition shall apply. Where it does not, proposals for demolition will not be considered in the absence of a detailed planning application for a replacement development that enhances or preserves that character. Demolition will not begin until evidence is given of contracts let for the approved development.
Archaeology
The Ancient Monuments and Archaeological Areas Act 1979 protects many nationally important archaeological sites and monuments. In addition, there are sites and monuments which, while not fulfilling the criteria for national importance, are of regional or local significance. All of these, whether scheduled or not, are fragile and irreplaceable. It is also important that the integrity of the setting of archaeological sites is safeguarded.
Planning authorities should ensure that archaeological factors are as thoroughly considered as any other material factor in both the development planning and the development management processes. Not all remains are of equal importance and planning authorities should consider the various categories of archaeological remains as well as the specialist advice from an archaeologist.
MODEL POLICY 3: Archaeology
Scheduled monuments and other identified nationally important archaeological resources shall be preserved in situ, and within an appropriate setting. Developments which have an adverse effect on scheduled monuments or the integrity of their setting shall not be permitted unless there are exceptional circumstances.
All other significant archaeological resources shall be preserved in situ wherever feasible. The planning authority will weigh the significance of the archaeological resources and of any impacts upon them and their settings against other merits of the development proposals in the determination of planning applications.
The developer may be requested to supply a report of an archaeological evaluation prior to determination of the planning application. Where the case for preservation does not prevail, the developer shall be required to make appropriate and satisfactory provision for archaeological excavation, recording, analysis and publication, in advance of development.
Gardens and Designed Landscapes
Historic Scotland compiles and maintains a national Inventory of Gardens and Designed Landscapes. The impact of proposed development on a site included on this Inventory, its special interest and value, is a material consideration in the determination of a planning application. Under Article 15 of the Town and Country Planning (General Development Procedure) (Scotland) Order 1992, [as amended April 2007], planning authorities must consult with Historic Scotland on any proposed development that may affect a site contained in the Inventory. Planning authorities are encouraged to take measures to safeguard and enhance Inventory sites, and also other important gardens and designed landscapes. The Memorandum of Guidance on Listed Buildings and Conservation Areas 1998 provides more information.
MODEL POLICY 4: Gardens and Designed Landscapes
Development affecting Gardens and Designed Landscapes shall protect, preserve and enhance such places and shall not impact adversely upon their character, upon important views to, from and within them, or upon the site or setting of component features which contribute to their value.
Section C of the Pilot Model Policy Study: Conclusions and Next Steps (2006) document (available at www.scotland.gov.uk/planning) provides further guidance on the use of model policies.
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