« Previous | Contents | Next »
Listen
POLICY
20. The policies in this SPP and current SHEP reflect the importance of the historic environment, as a key part of Scotland's cultural heritage, to the Scottish Government's central purpose. With the careful application of policy and sensitive decision making, the historic environment can often be adapted to accommodate new uses, offering opportunities for new and creative design, whilst retaining its special character. In principle, therefore, the aim should be to identify the best viable use that is compatible with the fabric, setting and character of the historic environment.
21. In some cases the importance of the heritage asset is such that change may be difficult, indeed it may not be possible, and potential developers should be advised accordingly. Archaeological assets, for example, are finite and non-renewable and therefore should be preserved in situ wherever feasible. However, in many cases, the historic environment can accommodate change and in these cases, the emphasis is on the informed and sensitive management of change. Key to this process is a clear understanding of the historic importance of the heritage asset as the basis for informed change. In putting forward policies and proposals for the protection, conservation and positive management of the historic environment, a sound understanding of the heritage resource is vital. This should cover not only the historic characteristics and features, but also the relationship of the historic environment to adjoining areas. The preparation of Conservation Area Appraisals and Townscape Audits are particularly useful in informing planning policy and decisions. Further advice is available in PAN 42: Archaeology, PAN 52: Planning in Small Towns and PAN 71: Conservation Area Management.
22. Local authorities have a range of duties and powers with regard to the historic environment. Policies should be set out in development plans with the emphasis on positive management and implementation. Planning authorities should also ensure that they can call on sufficient specialist conservation and archaeological advice to inform their plan and decision-making and to advise owners and managers of historic assets and other members of the public.
23. To support their development management function, planning authorities should ensure that they have access to a Sites and Monuments Record ( SMR) and/or a Historic Environment Record ( HER) that contains necessary information about known historic environment features and finds in their area. The authoritative source for information on listed building and scheduled monument designations is Historic Scotland. Planning authorities should make use of existing material where available such as local historic environment survey and analyses, Townscape Audits, Scottish Burgh Surveys and Historic Land Use Assessments. In preparing their development plan or considering development projects with a potentially significant impact on historic character, planning authorities should consider whether further and more detailed assessment is required to establish the capacity of an area for, and sensitivity to change.
24. The Royal Commission on the Ancient and Historical Monuments of Scotland ( RCAHMS), Historic Scotland and a growing number of local authorities maintain an electronic database, accessible on-line on their own websites or through the PASTMAP portal, giving access to summary details of information held of c.250,000 archaeological sites, monuments, buildings and marine sites in Scotland, The PASTMAP site indicates the location of listed buildings and the extent of scheduled monuments and gardens and designed landscapes, and provides a useful starting point.
DEVELOPMENT PLANNING
25. Planning authorities should ensure that development plans provide a land use policy framework for the protection, conservation and enhancement of the historic environment within which any development impacts can be properly assessed. Planning authorities should draw on their own or contracted-in conservation and archaeological services and are encouraged to seek advice from Historic Scotland and others at an early stage in the preparation of such plans.
Structure Plans / Strategic Development Plans
26. Structure plans should set out general policies for the protection, conservation andenhancement of the historic environment. Strategic development plans are being introduced under planning reform to deal with key cross-boundary issues that have impacts across a city region. While it is unlikely that it will be necessary to include specific policies on the historic environment in strategic development plans, the strategic importance of the historic environment as a resource in its own right and as a driver for sustainable economic development and regeneration should be recognised. The spatial strategy of the plan should be informed by considerations including the capacity of settlements and areas of countryside to accommodate development without damage to their historic value.
Local Plans / Local Development Plans
27. Local plans and, in future, local development plans, should assess the scale of change likely to occur over the plan period and ensure that new development is accommodated without
damaging the character of the historic environment. They should, where appropriate, define the historic environment and its landscape or townscape setting and set out policies and criteria for assessing development proposals to ensure the protection, conservation and enhancement of the historic environment. Planning authorities should include in their action programmes details of what action will be taken to deliver the policies and proposals on the historic environment over at least the following two year period.
Supplementary Planning Guidance
28. Planning authorities can prepare supplementary guidance for the historic environment. Under the Planning etc (Scotland) Act 2006, supplementary guidance may form part of the development plan, when requirements on consultation and approval have been met.
Model Policies
29. Model policies can achieve greater consistency and reduce unnecessary effort by planning authorities in preparing development plan policies. Planning authorities are encouraged to use the model policies outlined in Annex A and incorporate them as far as practicable into forthcoming development plans.
Strategic Environmental Assessment
30. Development plans are subject to strategic environmental assessment ( SEA) in which Historic Scotland, as a consultation authority , is involved. It is unlikely that an SEA will be required for conservation area appraisals and management plans. It is, however, for the Responsible Authority to make that determination on a case by case basis.
DEVELOPMENT MANAGEMENT
31. Planning authorities should seek to safeguard the historic environment while meeting future land use needs in exercising their development management role. They should have due regard to Government policy and advice contained within this SPP and the current SHEP. Decisions should be informed by development plans and other relevant guidance.
Pre-application Advice
32. Scottish Ministers expect planning authorities and developers to ensure that discussions take place at an early stage on development proposals affecting the historic environment. Planning authorities should provide pre-application advice to potential applicants. A key aspect of any such advice, to avoid delays at a later stage, should be to clarify what supporting information will be required when an application is submitted. Where significant elements of the historic environment are likely to be affected by development proposals it is expected that developers will take the preservation of this significance explicitly into account in their proposals. The greater the prospective impact on the historic environment, the greater the amount of information and analysis will be required.
Statutory Consultation
33. Planning authorities are required to seek the views of Historic Scotland on planning applications where these affect the site and setting of category A-listed buildings, scheduled monuments and on gardens and designed landscapes included in the Inventory. In considering development proposals, Scottish Ministers expect planning authorities to protect such sites and their settings, and Historic Scotland will reflect this policy. Where required, Environmental Impact Assessment ( EIA) is also an integral part of the process of determining planning applications. Historic Scotland is a consultation body, on behalf of Scottish Ministers under the EIA Regulations.
Listed Buildings
34 . Listed building consent and planning permission are two quite separate statutory requirements. Both are required where development (as defined under section 26 of the Town & Country Planning (Scotland) Act 1997) is to be undertaken. Consent granted under one regime is without prejudice to the other. Where both are required the applicant must obtain both before work can commence. While recognising that two distinct procedures are involved, planning authorities should ensure that consideration of listed building consents and planning applications affecting the same building(s) are dealt with in a co-ordinated manner.
35. Once a building is listed, any demolition works, or any works which alter or extend the building in a way which would affect its character or its setting as a building of special architectural or historic interest, require listed building consent. It is for the planning authority to:
- consider whether the proposed works will require listed building consent
- notify Scottish Ministers where the planning authority is minded to grant listed building consent in the case of Category A, B and the demolition of C(S) buildings
- determine the application, except where cases are called in by Scottish Ministers for their own determination or where the local authority is the applicant.
36. Scottish Ministers' policies on listed building consent and on the considerations to be taken account by planning authorities in determining listed building consent applications for alteration, adaptation or demolition of a listed building are set out in the current SHEP.
37 . It may be appropriate to consider enabling development if this can be shown to be the only means of retaining a listed building. In such case, development must be managed carefully and a high quality end product achieved which protects the listed building and its setting and is the minimum necessary to enable its conservation and re-use. The new development should be designed to retain and enhance the special interest, character and setting of the listed building
38. Planning authorities are encouraged to work with the Scottish Civic Trust, who produce the Buildings at Risk Register ( BAR), in identifying historic buildings at risk in their area. Often important parts of historic townscapes and landscapes, their repair and re-use can act as a catalyst and support wider regeneration initiatives contributing to place-making and local distinctiveness. BAR opportunities should be addressed as part of local development plan action programmes or supplementary planning guidance. Planning authorities have a range of powers available to them, such as Repair Notices and Urgent Works Notices, and are encouraged to use them, as appropriate, where listed buildings are at risk.
Conservation Areas
39. In considering applications for planning permission within conservation areas, planning authorities should have regard to the following:
- proposed development that fails to preserve or enhance the character or appearance of the area should normally be refused planning permission
- proposed development that would have a neutral effect upon the character or appearance of the area (i.e. does no harm) should be treated as being one which preserves the area's character or appearance.
- proposed development that would have negative and positive impacts should be weighed against each other and the proposals considered as a whole.
40. Planning authorities are encouraged to undertake conservation area appraisals which can assist owners and developers in formulating proposals and inform subsequent planning assessment and decision making. They should also consider the likely impact of development proposals for sites which lie outwith the conservation area but which would impact upon its appearance, character or setting.
41. The objectives of conservation area management can for the most part be met through an effective policy framework and the positive use of existing development management and enforcement powers. Where necessary, planning authorities can put in place Article 4 Directions to maximise the protection of an area of historic value. They can help to protect important unifying elements such as original doors, windows and street furniture thereby protecting the character and appearance of an area. Article 4 Directions should be progressed through local plans/local development plans. Planning authorities also have powers to preserve trees in a conservation area.
42. In considering the demolition of an unlisted building within a conservation area, its merits and its contribution to the character and appearance of the area are the key considerations. Applications for demolition should, therefore, be permitted only where this does not erode the character and appearance of the conservation area. The general presumption should be in favour of retaining buildings that make a positive contribution to the conservation area, particularly where it can be demonstrated that the building is able to support a new viable use, or might be so capable in the future. Where demolition is considered acceptable, careful consideration should be given to a replacement scheme in terms of its design and quality. The current SHEP provides further detail on the considerations to be taken into account.
Scheduled Monuments
43. Scheduled monuments are of national importance and they should be preserved in situ and within an appropriate setting. While the scheduled monument consent process is separate from the statutory planning process, where works requiring planning permission affect a scheduled monument, the protection of the monument and its setting are material considerations in the planning process. The current SHEP provides further detail.
Designated Wreck Sites
44. Where planning provisions extend offshore (currently only in respect of marine fish farming out to 3 nautical miles), planning authorities should ensure that development will not adversely affect the integrity and setting of designated wreck sites under the Protection of Wrecks Act 1973 and sites designated under the Protection of Military Remains Act 1986. Planning authorities should be aware of the need to consider such sites and consult Historic Scotland where necessary.
World Heritage Sites
45. Though no additional statutory controls result from world heritage designation, the impact of proposed development upon the "outstanding universal value", "authenticity" and "integrity" of a World Heritage Site and its setting is a material consideration in determining planning applications.
Garden and Designed Landscapes
46. The effect of proposed development on a Garden or Designed Landscape is a material consideration in the determination of a planning application. Planning authorities must consult with Scottish Ministers, through Historic Scotland, on any proposed development that may affect a site included in the Inventory of Gardens and Designed Landscapes. Circular 4/2007 provides further information on planning procedure. Scottish Ministers' policies for Gardens and Designed Landscapes and the considerations to be taken into account are set out in the current SHEP.
Other Historic Environment Interests
47. Government policy is to protect and preserve non-designated, other historic environment interest, in situ wherever feasible and, as such, they are material considerations in the planning process. Where, in the case of archaeological sites, this proves impossible, planning authorities should ensure that procedures are in place in order that appropriate excavation, recording, analysis, publication and archiving is undertaken before and/or during development..
48. Planning authorities should be aware that local authorities have a number of powers and responsibilities in respect of other historic environment interests:
- as owners, occupiers or lessees they may have important remains, buildings or sites in their care;
- they help to safeguard historic assets through their development planning and development control functions;
- they have powers to acquire ancient monuments and grant-aid the preservation of historic sites or monuments, whether in their care or not;
- they can help to preserve and manage historic sites which contribute to the local landscape, amenities and economy;
- they have a crucial role in the preparation and maintenance of records and archives as a basis for the above activities; and
- they can ensure that archaeological services are developed for planning, management, recreational and educational purposes.
Planning Conditions and Agreements
49. Planning permission may be subject to planning conditions. Circular 4/1998 provides information on the use of planning conditions in planning permissions. In cases of archaeological remains where it is decided that physical preservation in situ is not justified and that development can proceed, the planning authority, before determining the application, should be satisfied that the developer has made appropriate provision for the excavation, recording, analysis, publication and archiving of the remains. If archaeological discoveries are made during any development, a professional archaeologist should be given access to inspect and record these features. This situation and others relating to the historic environment should be managed through the use of conditions or Section 75 agreements.
Enforcement
50. In positively managing the historic environment, planning authorities are encouraged to use the enforcement powers available to them, as appropriate, where the historic environment is at risk. The carrying out of unauthorised works to a listed building or scheduled ancient monument constitutes a criminal offence. Action should be taken at the earliest opportunity to minimise loss within the historic environment. Planning authorities have powers such as Building Preservation Notices, Listed Building Enforcement Notices, Urgent Works Notices, Repair Notices and compulsory purchase procedures and are strongly encouraged to use those powers.
Recording
51. RCAHMS must be formally notified of all proposals to demolish listed buildings, and also unlisted buildings where these lie within conservation areas. Notification may also be appropriate in cases of significant alteration. In all such cases, planning authorities are encouraged to make it a condition of consent that applicants arrange suitable programmes of recording features that would be destroyed in the course of the proposed works. Planning authorities should inform RCAHMS of such conditions and of all recording works carried out in their area. Archaeological or architectural surveys should be deposited in the National Monuments Record of Scotland or within local sites and monuments records where these exist. Where important hidden features or buried remains may be revealed during the course of the work, planning authorities should ensure that suitable arrangements can be made for their excavation and recording.
« Previous | Contents | Next »