"A Borough for Success"
Rugby Borough Development Plan
Adopted Local Plan - July 2006 - Written Statement - Chapter 5
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ENVIRONMENT
The Countryside
5.1 The Countryside comprises the area beyond the Urban Area of Rugby town and the defined boundaries of other settlements. It nevertheless contains a considerable amount of built development and a wide variety of land uses, including dwellings, many of which are located within the smaller settlements in the Borough. A substantial proportion of land within the countryside, lying to the north west and west of the town of Rugby was defined as Green Belt in the previous Local Plan, forming part of the strategic West Midlands Green Belt. This designation is reaffirmed in this Plan.
5.2 PPS7: Sustainable Development in Rural Areas guides Local Authorities to facilitate and promote sustainable patterns of development. To this end development is targeted in the most sustainable settlements within the Borough. These are set out in Policy S1. Development outside of these settlements will be resisted unless allowed by other policies within this plan.
Explanation
5.3 It is Government policy that the countryside should be safeguarded for its own sake and in order to afford protection for non-renewable and natural resources. Accordingly, the emphasis of the Local Plan Review is to accommodate appropriate forms of development in the countryside, in a manner which minimises its impact, but otherwise to apply rigorous controls.
5.4 The countryside is of considerable visual and environmental value and pressures for development could, if permitted, detract significantly from a landscape, in which the pattern of development is well defined. New development should therefore be principally directed to the town of Rugby, with some very limited development in certain villages and strictly controlled in the countryside, to ensure the most sustainable pattern of development. Residential development in the countryside will need to accord with Policies H17 to H22 of this Plan.
5.5 Some uses, nevertheless, need to be in the countryside. Development associated with agriculture, mineral extraction and forestry are the obvious traditional uses. However, such areas have and will be subject to considerable change, with the decline of many traditional industries, the growth of new businesses, changing social structure, and improved communications for many, but not all. This will inevitably have consequences for the rural fabric of the area.
5.6 As a consequence it is important to promote the economic and social well being of rural areas in a manner that is consistent with the need to conserve and enhance the countryside for local people and maintain its attractiveness for visitors. In this regard farm diversification, with new crops, products and associated activity, e.g. ancillary farm shops, food processing/packaging, is fundamental, as is the development of new non-agriculture enterprises. Such activities can be a valuable source of employment and income in the rural economy. They need to be in accessible locations for employees, suppliers and customers, ideally where a choice of transport is available, which can reduce reliance on the use of the private car. The creation of vital, vibrant and sustainable rural communities and the safeguarding and enhancement of the environment, could depend upon such diversification.
5.7 The countryside is therefore likely to have an increasingly important role for recreation, sport and tourism related development, especially for land extensive activities. Energy production, particularly from renewable sources and commerce and industry, may also be appropriate, without causing unacceptable disturbance, particularly if the use is best accommodated in the countryside. Development associated with the utilities and roadside services may also need to be in the countryside, as may community facilities, particularly of a land extensive nature e.g. playing fields and cemeteries.
5.8 It is important to limit the impact of development and utilise existing resources. Consequently, where possible and appropriate the potential for the redevelopment of previously developed land and the reuse of existing buildings, for employment generating purposes, should be realised, in preference to new build. This can ensure a much needed employment benefit, and also safeguard buildings of architectural or historic value. They should therefore be good quality buildings of substantial construction, which will usually be those of a traditional character, reflecting the local distinctiveness of the area. In addition they should be capable of conversion with little change to their character, appearance and setting.
5.9 Despite the preference for the reuse of buildings, modest new build, including extensions may be acceptable. Such development may be justifiable to meet the needs of existing uses, including rural businesses. It may include residential accommodation tied to and essential for the operation of the business, most obviously agricultural dwellings. It may also be permissible to replace unsuitable existing buildings. However, new building should be restricted to meeting the essential operational requirements of the use and be small in scale. In deciding what is small in scale account will be taken of the size of any building relative to existing buildings on the site and the nature of the activity.
5.10 Provision in various policies throughout the plan set out criteria whereby the merits of various forms of development can be assessed. In general terms, these uses can only reasonably be located in the countryside where they have an important contribution to make to the function of rural areas. In all other respects, it is anticipated that development proposals have no necessity to be located in the countryside or would not bring sufficient benefits to override the general principle of restraint.
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Within the West Midlands Green Belt, as defined on the
Proposals Map, there is a general presumption against inappropriate
development. Such development will not be approved except in very
special circumstances. |
Explanation
5.11 Green Belt designations aim to prevent urban sprawl and coalescence, assist urban regeneration, preserve the setting and special character of historic towns and safeguard the countryside. Various forms of development may nevertheless be acceptable and those referred to in Policy E2 could be permitted if the rural and open character of Green Belts, which is intended to be their essential feature and the purpose for which land is included, is not compromised or threatened. In this regard it is recognised that Green Belts can perform an important role in providing access to the countryside, conserving and enhancing landscapes and the natural environment, including the restoration of land, conserving the natural environment, protecting archaeological sites and historic landscapes, retaining land in agricultural, forestry and related uses and providing opportunities for sport and recreation.
5.12 The primary purpose of this policy is to protect the Green Belt from inappropriate development that would prejudice the open nature of the rural area and the character of the settlements within Rugby Borough. In considering proposals for development within the Green Belt, full regard will be given to the extent to which the objectives defined in PPG2: Green Belts (1995) would be met by the development proposed.
5.13 Whilst the Borough Council is prepared to accept certain forms of development, the Green Belt is fundamentally a restraint policy and emphasis is placed on its protection from proposals which would threaten its rural character. It is emphasised that green belt policy is in addition to other policies in the Plan, including those relating to extensions to existing dwellings, infilling in villages and the retention of employment land. In this latter context the identified major developed sites in the green belt are important to the local, sub-regional and regional economy and, therefore, any infill or redevelopment should be for employment purposes.
Explanation
5.14 Buildings, especially those of historic, architectural or landscape importance are significant positive features in the general landscape of the countryside and the Green Belt. The sympathetic conversion of existing buildings to appropriate uses is preferable to their gradual decline into dereliction. The re-use of existing buildings will not generally prejudice the openness of the Green Belt, since the buildings are already there.
5.15 When considering proposals for the conversion of existing buildings, re-use for economic development purposes, which will benefit the local economy or will promote recreation will generally be encouraged in preference to residential use. The re-use of existing buildings, that are adjacent to Rugby or a rural settlement, for economic or community uses will be encouraged where they pose no threat to the viability of existing services.
5.16 Policies ED12 and H18 address in detail the use of existing buildings in the open countryside and reflect the preference expressed in PPS7 for the conversion of existing buildings to employment generating uses. These policies, along with other policies within the plan controlling conversions, apply with equal force in the Green Belt. There are, however, additional criteria to take into account in the Green Belt and that is the primary purpose of Policy E3.
5.17 Policy H22 limits extensions to properties in the countryside. Policy E3 additionally assesses the impacts of such development on the Green Belt and may, therefore, further restrict the size of extensions.
Explanation
5.18 According to the ‘Agricultural Land Classification’, undertaken by the former Ministry of Agriculture, Fisheries and Food, much of the agricultural land in the Borough is of high quality. In accordance with Government policy it is intended that this valuable resource should be safeguarded from development, where appropriate, given that it is seldom practicable to return land to agricultural use once it has been developed. However, in implementing the Policy it will be necessary to have regard to the wider sustainability implications. There may be occasions where an overriding need exists for development on agricultural land and land of a lower quality is not considered suitable, e.g. because of the impact on landscape, nature conservation or the local heritage, or which is poorly related to urban areas, or the transport network. In such circumstances it could be appropriate to utilise land of a higher grade, not subject to such constraints.
Explanation
5.19 The importance of protecting the identity and distinctiveness of towns, villages and landscapes has taken on considerable prominence in recent years. A common criticism is that new development tends to look the same wherever it occurs. The characteristics that make places special, from street pattern to individual buildings and materials, are too often ignored or at risk.
5.20 Careful consideration should be given to the siting of new development to effectively use orientation, landform and vegetation cover, as well as existing buildings, to reduce the impact of development. Similarly, every care should be taken to ensure the development is not incongruous by virtue of scale, form or design, including the use of materials. It will be particularly important to have regard to the impact of development upon the character of the local landscape and the need to preserve and enhance its distinctive appearance. In order for this to be undertaken it will be necessary to adopt a character based approach, as defined in the Warwickshire Landscapes Guidelines, to identify the distinctive features which contribute to and determine the character of the area, such as the local topography, field patterns, tree and hedgerow cover and the settlement pattern. These characteristics are the result of the historic processes of landscape evolution over many centuries. Warwickshire County Council is engaged on a project on Historic Landscape Characterisation for the County, as part of English Heritage's national programme which will supplement the information and guidance contained in the Warwickshire Landscape Guidelines.
5.21 In addition to the visual impact of development it will be important to ensure it is not detrimental to other interests e.g. nature conservation, use of the local highway network and the operation of existing uses. Agriculture is the most obvious use, which could be adversely affected. For example certain commercial development on a farm could result in it no longer being an attractive, or viable holding and such development would not therefore be compatible with the principles of farm diversification. In assessing proposals, account will need to be taken of the cumulative effect it would have on existing uses.
5.22 An extension of a settlement, or other development in the countryside, can result in an unsatisfactory reduction in the separation between settlements, which adversely affects their identity. Furthermore, some developments, which might otherwise be acceptable in the countryside, can be detrimental to its character and openness. This would be particularly important in the Green Belt.
5.23 Some development can fit into and enhance a degraded or neglected landscape. In addition there may be scope to enhance the countryside through for example tree and hedgerow planting in appropriate locations, or the restoration of key features in the landscape in accordance with the Warwickshire Landscapes Guidelines. These guidelines set out the general strategy that should be adopted for each of the landscape types within the Local Plan area together with a specific management strategy and provides a framework for opportunities for enhancement to achieve environmental objectives.
Natural environment
5.24 The natural environment, in both urban and rural areas, makes a substantial contribution to the quality of life and should be safeguarded for the future. Sites of ecological and/or geological interest are wide ranging and include lakes, ponds, rivers and their corridors, streams, canals, disused railway lines, woodland, hedgerows, heathland, water meadow, marshes, highway verges, rock outcrops, quarries, improved and semi-improved grassland, parkland etc. The impact of development on the local environment will be an important consideration for all planning applications for development. The Council has adopted a Local Environment Strategy, which aims to prevent any overall loss in the environmental assets of the Borough. Therefore in order to ensure such an aim is achieved, it will be necessary where significant environmental impacts may result from a proposal for applicants to submit a statement setting out the likely impacts of the proposal on the local environment.
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The Borough Council will seek to safeguard maintain and enhance features of ecological and geological importance, in particular priority habitats/species and species of conservation concern. Developers will be required to take measures during the development process to prevent the disturbance of wildlife and to make provision for the protection and subsequent retention of natural features and necessary supporting habitats, such as ponds, hedgerows, ditches and trees which are to be retained. Where loss of habitat is unavoidable, adequate mitigation measures should be undertaken and only where this is not possible, adequate compensation measures should be implemented. Where necessary the Borough Council will seek long term
management plans, which will be secured by planning conditions or
obligations. |
Explanation
5.25 The UK Biodiversity Action Plan has identified a range of priority habitats/species and species of conservation concern which have been the focus of the Local Biodiversity Action Plan for Warwickshire, Coventry and Solihull. A number of these habitats/species are found within Rugby Borough. A Local Biodiversity Action Plan for Rugby Borough will be produced which will highlight the important types of habitat and will lead to the production of more detailed action plans that outline the actions necessary to conserve, enhance and where appropriate, expand the habitats identified. Even for Biodiversity Action Plan priority species and habitats, there remain significant gaps in knowledge about their status. It is important that there be ongoing survey work in order to ensure that there is accurate information on the distribution of these habitats/species and more widely occurring biodiversity together with an assessment of habitat condition and population trends. An objective assessment of the actual or potential biodiversity value of sites affected by development proposals will be needed. Potential sources of information include the Warwickshire Biological Records Centre (WBRC), conservation NGO's and local government ecologists. New survey information should be made available to the WBRC in order to enable more comprehensive records to be generated. Where insufficient information is provided with a planning application, the Local Planning Authority is likely to refuse the application.
5.26 There are features of biodiversity interest throughout Rugby Borough so therefore it is not appropriate to focus solely on protected sites and species. Individually these features may not appear to be of significant value but collectively they contribute to the richness of Rugby's wildlife. Where possible they should be conserved and enhanced and incorporated into developments. Where this is not possible appropriate mitigation should be undertaken
5.27 To ensure that the Borough’s biodiversity is not gradually diminished the Council will protect Rugby’s collective ecological resource and ensure that adequate compensation is made for any features lost. Where a site contains an important feature of ecological interest, the Borough Council will only grant planning permission where it is satisfied that adequate provision is made for its long term conservation.
Conservation of the natural environment
5.28 The importance of many nature conservation sites, which for the purposes of this Plan, includes geological sites, is formally acknowledged. They include designations of international importance, sites of national significance, which may also be of international importance and have other national designations and sites of regional or local importance.
5.29 Sites of international importance are as follows:
• Ramsar Sites (sites list under the Ramsar Convention on Wetlands
of International Importance)
• Special Protection Areas (SPAs)
• Special Areas of Conservation (SACs)
5.30 Sites of national importance are as follows:
• Sites of Special Scientific Interest (SSSIs)
• National Nature Reserves (NNRs)
• Nature Conservation Review Sites (NCRs)
5.31 Sites of regional or local importance are as follows:
• Regionally Important Geological and Geomorphological Sites (RIGS)
• Sites of Importance for Nature Conservation (SINC) as well as
proposed sites as the County Council undergoes the process of reviewing
its designations
• Local Nature Reserves
5.32 Geologically important designations can be Sites of Special Scientific Interest, or Regionally Important Geological and Geomorphological Sites.
5.33 A list of Sites of Special Scientific Interest, Regionally Important Geological and Geomorphological Sites and Local Nature Reserves is contained in Appendix 2. This list is subject to revision, for example to reflect changes over time in the value of a site and the actions of designating bodies. Details of other sites of importance for nature conservation can be obtained from Warwickshire Biological Record Centre (WBRC) at the Warwickshire Museum. The WBRC has the only up-to-date and comprehensive database of all known sites of importance in the Borough. These sites are being systematically reviewed; currently there are only a few selected Sites of Importance for Nature Conservation in Rugby Borough. There are, however, currently approximately 160 sites, which have been, identified as potential Sites of Importance for Nature Conservation.
5.34 Land use planning has an important role to play in safeguarding the natural environment from the effects of development and to secure its enhancement. Consequently in determining planning applications proper regard should be had to the impact on sites and features of acknowledged importance. Where work would affect an ecologically, or geologically important site, or one of potential significance, advanced consultation with the relevant conservation body should take place and planning applications for such development should include an assessment of the site’s significance, together with proposals for the treatment of any habitats and features.
Explanation
5.35 International designations have the highest importance for nature conservation. While there are no such sites within the Plan area at present, this situation may change. In addition, development in the Plan area may impact on International Sites elsewhere, as it is located within the hydrological catchments of numerous such designations. Due consideration must, therefore, be given to their protection. The protection of these sites is addressed under the Habitats Regulations, and the legal mechanisms for protection are set out in ODPM / DEFRA Circular 06/2005 / 01/2005. The Circular also includes the legal position relating to candidate sites and Ramsar sites.
5.36 It is of the utmost importance that development proposals do not have an adverse effect upon international designations. Where a rigorous assessment reveals that such an effect will, or is likely to occur, then planning permission for the development will be refused, unless the circumstances pertain, which are referred to in the Policy. The only justification for such a development will be those relating to human health, public safety, or where there would be beneficial consequences of primary importance for the environment, assuming the need for the development cannot be met in an alternative way.
5.37 While national designations are not as important as international designations, it is essential that all designations are protected from the adverse effects of development. Where an assessment reveals that such an effect will or is likely to occur, then development should only be permitted where the importance of the site is outweighed in the circumstances set out in the Policy.
5.38 Protection is required for regional and local designations and the Policy sets out the tests that will be applied to applications for development.
5.39 In addition to formally designated sites the need to protect other sites of significance for nature conservation, especially those which support habitats or species identified in the local Biodiversity Action Plan, will be a material consideration in the determination of development proposals, in order to safeguard and promote biodiversity. Semi-natural and potentially ancient habitats such as unimproved grassland or semi-improved grassland are often of considerable ecological value and are historic features in the landscape. Weight will also be given to the more widespread species and habitats, as well as rare and threatened, when granting planning permission.
5.40 Where a development adversely affects a site of nature conservation importance, the advice of conservation bodies , and the Council as a competent authority, will be sought upon measures to minimise the extent of the adverse effect and/or opportunities for the effective replacement of the site. This should aim to maintain the level of geological and ecological interest in the area as far as possible and hopefully to ensure no net loss of geodiversity/biodiversity.
5.41 The record of sites of nature conservation importance is subject to change and it is quite probable that additional sites will be identified to which this Policy will apply.
5.42 The presence of protected species, and other species requiring conservation action, is a material consideration as set out in PPS9, Biodiversity and Geological Conservation. Together with its Companion Guide and Circular [ODPM / Defra 06/2005 / 01/2005] reference is made to species covered by different legislation, and also species that are of importance for the maintenance of biodiversity. Species of conservation importance include the following: species listed in relevant Schedules of the Wildlife and Countryside Act 1981, as amended; the Countryside and Rights of Way Act 2000; the Badgers Act 1992; species listed in the relevant sections of the Habitats Directive; the Bern Convention or any other relevant international treaty, national legislation or European directive
5.43 It will also include: Red Data Book species; Nationally Notable or Scarce Species; locally rare and threatened species; birds listed in the Royal Society for the Protection of Birds (RSPB)’s list of Birds of Conservation Concern, and species afforded priority through biodiversity planning. It should be noted that these species of importance are not necessarily confined to sites subject to nature conservation designations.
5.44 In considering planning applications that may affect European Protected Species, the Borough is bound by regulation 3(4) of the Conservation (Natural Habitats, &c.) Regulations 1994 to have regard to the Habitats Directive when exercising their functions. Proposals affecting European Protected Species must pass three tests before they may derogate from the protection afforded by the Habitats Directive and the Conservation Regulations 1994. The three tests are:
1. That the development is ‘in the interest of public health and
public safety, or for other imperative reasons of overriding public interest,
including those of a social or economic nature and beneficial consequences
of primary importance for the environment’ (Regulation 44(2)(e));
2. That there is ‘no satisfactory alternative’ (Regulation
44(3)(a));
3. That the derogation is ‘not detrimental to the maintenance of
the population of the species concerned at a favourable conservation status
in their natural range’ (Regulation 44(3)(b)).
5.45 Therefore in all cases affecting European protected species the Borough requires information on the species prior to issuing permission to enable it to consider and balance all material matters. The same applies to proposals affecting species subject to national legislation. The Authority will apply a precautionary approach to its decision making on this issue. Where insufficient information is provided with a planning application, then the Authority is likely to refuse the application.
Explanation
5.46 In many instances it is possible to satisfactorily incorporate sites of ecological and geological interest within a development. This can often not only benefit conservation, but also enhance amenity and provide an educational resource. Furthermore, it is often possible to create new habitats and features, subject to environmental, amenity and safety considerations being taken into account.
5.47 Certain features exist in towns, villages and the countryside, which, because of their linear and continuous structure, or their function as ‘stepping stones’, are essential for migration, dispersal and genetic exchange of wild flora and fauna. Examples include existing and disused railway lines, river and stream corridors, canals and open drains with their banks, marshlands, lakes and ponds, certain grasslands, traditional field boundary systems, woodlands, tree belts and hedgerows. It is therefore important to safeguard the integrity and encourage the management of such features to ensure the contribution they make to the natural environment is maintained. There is significant potential to provide enhancements and restore connectivity in many habitats. Culverted watercourses for example, should be opened up as green corridors as part of redevelopments. Proposals for development will need to be considered accordingly especially in relation to access which should be designed to ensure the minimum disruption. The advice of relevant bodies will be sought, as appropriate, to assist in any assessment and works of mitigation.
5.48 The preservation and creation of the habitats and features referred to in the Policy will be undertaken in consultation with the relevant conservation body and achieved by the imposition of planning conditions and where appropriate through planning obligations. This will include provision for their future management, maintenance and interpretation, where appropriate.
5.49 In addition to safeguarding and enhancing nature conservation interests through the exercise of its development control function, the Council will use its other powers to develop its role in nature conservation. In particular it will consider preparing and supporting schemes, in consultation and partnership with other interested parties, for safeguarding and enhancing the ecological environment including, where appropriate, the creation of new and the replacement of damaged environments.
Explanation
5.50 Trees, woodlands and hedgerows at varying stages in their lifecycle are important features, because of their contribution to the appearance and character of the countryside and the townscape, and for their nature conservation value and cultural interest. It is therefore important to safeguard such features and encourage appropriate new planting, preferably using native species of local provenance.
5.51 Trees, woodlands and hedgerow cover can be threatened by new development and the Council will seek to ensure in considering proposals for development that such features are retained where they are important to the local environment and visual amenity. As part of this consideration the risk posed to public safety by the trees, woodlands and hedgerows in question will be taken into account. Where planning permission is granted for development and trees, woodlands and hedgerows are retained or replaced, they should be incorporated into the development.
5.52 The importance of trees, woodlands and hedgerows can be recognised through a range of complimentary statutes and designations and any such recognition will be material in the consideration of development proposals affecting trees.
5.53 Ancient Semi-Natural Woodland and veteran trees, which are defined by reference to their great age and continuity, are of considerable ecological value, providing a long established and continuous wildlife habitat, often for many threatened species. In addition they are historic features of major importance in the landscape.
5.54 Many trees in the Borough, whether they are individual specimens, or form part of a group or woodland, are of special importance to visual amenity. Such trees could include those protected by Tree Preservation Orders or as a consequence of their location within a Conservation Area. Consent is required from the Authority for works to trees protected by Preservation Orders. Others within a Conservation Area are given a measure of protection, whereby an advanced notification procedure exists for works to qualifying trees, enabling a Tree Preservation Order to be placed on them, if justified.
5.55 Hedgerows frequently provide important wildlife habitats and make a contribution to the appearance and character of the landscape, which should, wherever possible, be retained. Under the Hedgerow Regulations permission of the local planning authority is needed for removal of many hedgerows. Removal is likely to be prohibited if the hedgerow is considered to be of particular archaeological, historical, ecological, or landscape value.
Historic environment
5.56 The Government and English Heritage are currently reviewing policies relating to England’s historic environment. This will result in a new statement of policy and the revision of Planning Policy Guidance Note 15 (PPG15): Planning and the Historic Environment and PPG16: Archaeology. This review is in its early stages, but clear policy directions are emerging, which are reflected in this section.
5.57 In particular, there is a move away from the idea of “heritage” and the designation of sites of special historic value, and towards a broad definition of the historic environment as all physical remains of the past, including the typical and ordinary. Historic features are now considered within their landscape context and the historic dimension of landscape character. There is also a growing recognition of the importance of the historic environment to sustainable development and the need to treat historic, social, economic and cultural issues as an integrated whole.
5.58 The historic environment is a highly valued resource. Parts of the historic environment, such as Listed Buildings, Conservation Areas, Scheduled Ancient Monuments and Registered Parks and Gardens, are protected by designations. Some of these sites and buildings are protected by statute from alterations, which would harm their historic character and special features. In addition to statutory protection, many valuable features of the historic environment are protected through the planning system. Conditions can be attached to planning permissions and special agreements can be made with developers to protect and enhance historic sites and buildings. It is recognised that designated aspects of the Historic Environment represent only a small proportion of the Borough's historic assets.
Conservation Areas
5.59 Local Planning Authorities have a statutory duty to consider what parts of their area are of special architectural or historic interest, the character or appearance of which it is desirable to preserve or enhance and designate them as Conservation Areas. Such areas usually consist of the older parts of settlements containing listed buildings of architectural or historic importance. However, it is not solely the buildings which are important, but also their relationship one to another, to areas of open space, trees, hedgerows and other features and structures, which combine to collectively create the special qualities of a Conservation Area. A Conservation Area could include the whole of a settlement, especially if it is a small village, as well as surrounding land, which is important to its setting and character.
5.60 The town of Rugby and many of the villages in the Borough have their own unique character and qualities, which has evolved over many years, with a variety of architectural styles and spatial relationships. In consultation with the local community and other interested organisations, the Council will periodically review the need for the designation of further Conservation Areas and the revision of existing Areas.
5.61 Given the importance of Conservation Areas a more stringent control of development and other works is often appropriate. It should be noted that permitted development rights are considerably less in such areas and the Council can make Directions to further limit these rights where it is considered necessary to safeguard conservation areas from inappropriate development. The Council can also control the demolition of most buildings and structures and works to trees, in Conservation Areas.
5.62 To assist in the management of Conservation Areas and help inform the Council and the general public in the development control process it is also the Council’s intention to produce Conservation Area Statements.
Explanation
5.63 In accordance with its statutory responsibilities the Council intends to ensure that Conservation Areas, as important environmental assets, are protected from inappropriate development and enhanced where the opportunity arises. In this regard it should be recognised that even small incremental changes can cumulatively erode the character and appearance of Conservation Areas and such change will need to be appropriately controlled. Development should therefore be sympathetic to the overall character and appearance of an Area and its component parts.
5.64 The Council recognises that developments requiring traditional materials can sometimes be expensive. However, they greatly enhance the appearance and character of an Area, particularly when replacing existing incongruous materials. In Conservation Areas the Council will generally promote the use of traditional designs and materials, where appropriate, although good quality modern equivalents may be acceptable where they enhance and complement an area. Window frames constructed in wood, stone or steel are the most acceptable. UPVC window frames and doors are unlikely to be considered appropriate.
5.65 The surfacing of streets, footways and other areas as part of development proposals is often important to the character and appearance of a Conservation Area, as is street furniture e.g. seating, directional signing and street lighting. New provision should generally be traditional in character and where appropriate sympathetic to that already present. This would not necessarily preclude the use of modern materials in street furniture as long as it complemented the character of its surroundings. The Highway Authority and street lighting authority should acknowledge these design principles, when undertaking works in Conservation Areas.
Explanation
5.66 Certain buildings make a positive contribution to the character of Conservation Areas by virtue of their prominence, architectural qualities, historic interest and their relationship with the street scene. Many will be listed as being of architectural or historic interest and protected accordingly.
5.67 The loss of buildings in Conservation Areas, even if not listed, to facilitate development, can be particularly damaging to the character of such Areas and the Policy reflects a presumption in favour of their retention. As such demolition, i.e. the total or substantial loss of a building, should be resisted, but may in exceptional circumstances be allowed. This may for example include a building in poor condition, in danger of collapse and incapable of economic repair, for which no use can be found, as can be demonstrated by full and active marketing and/or other evidence. Circumstances could also exist where development would enhance the appearance and character of an area, or be of substantial benefit to the community, which would not otherwise be achieved, to an extent considered sufficient to outweigh the need to preserve the building in question. The granting of permission for development involving the loss of an unlisted building in a conservation area will be dependent on their being approved detailed plans for the development of the site.
5.68 Irrespective of whether the demolition of a building is part of a development proposal requiring planning permission it will be necessary to apply for Conservation Area Consent and the considerations set out in the Policy may be material in its determination. Any consent granted may be conditional to ensure the implementation of an approved scheme of development and the demolition being delayed until a contract has been entered into for the construction of the approved scheme.
Listed Buildings
5.69 The Borough of Rugby has a great wealth of buildings listed as being of special architectural or historic interest and the Council has a statutory duty to have special regard to the desirability of preserving such buildings, their setting and historic features. A copy of the List of Buildings of Special Architectural or Historic Interest in the Borough can be inspected at the offices of the Borough Council. These buildings tend to be concentrated in Conservation Areas. They make a substantial contribution to the attractiveness of the built environment and comprise a valuable part of the local heritage and reflection of the local vernacular.
5.70 The special architectural or historic interest of a listed building is determined by a combination of many factors e.g. form, proportions, materials, features etc. Works to such buildings can seriously detract from the architectural or historic environment. As such works which affect the special architectural or historic interest of a listed building, ranging from its demolition i.e. its total or substantial loss to quite minor works, require Listed Building Consent from the local planning authority. This control can extend to internal works and some repairs as well as ancillary buildings and features such as sundials and dovecotes in the curtilage, which may contribute towards its character, even though not identified in the listing.
Explanation
5.71 Development proposals that could result in the demolition of a listed building and the total or substantial loss of such a building will be a material consideration in the determination of any planning application for the development.
5.72 There will be a general presumption in favour of retaining the listed building and demolition will be resisted but may, in exceptional circumstances, be allowed, where a clear and convincing case is made. This may for example include a building in poor condition, in danger of collapse and incapable of repair, renovation, or adaptation to enable its future use. Circumstances could also exceptionally exist where development would be of substantial benefit to the community, which would decisively outweigh the loss from demolition. The preservation of important features will be a major consideration. The granting of permission for development involving the loss of a listed building will be dependent on there being approved detailed plans for the development of the site.
5.73 Irrespective of whether the demolition of a building is part of a development proposal requiring planning permission it will be necessary to apply for Listed Building Consent and the considerations set out in the Policy may be material in its determination. Any consent granted may be conditional to ensure the implementation of an approved scheme of development and the demolition being delayed until a contract has been entered into for the construction of the approved scheme. In cases where demolition has been permitted every effort will be made to record the features and materials of the listed building for future reference.
Explanation
5.74 The alteration or extension of a listed building, including its subdivision, can be an element of a proposal for development requiring planning permission. Great care must be taken in designing alterations, or extensions to listed buildings, both of which could entail minor demolition and external and internal works, to ensure they respect its original character and appearance and where appropriate its function. Particular regard should be had to the elements that contribute to the special interest of the building, e.g. its overall scale, form, proportions and design, architectural features and detailing and the use of materials. In addition the structural integrity of the building and its fabric should not be threatened, while the preservation of important features will be a major consideration.
5.75 Generally the best way of securing the upkeep of listed buildings is to keep them in active use and the original use for which it was designed is often preferable. However, as a consequence of changing social and economic circumstances it is often necessary to find viable new uses to ensure their retention, restoration and future maintenance. Judging the best use is one of the most important and sensitive assessments that need to be made. It requires balancing the economic viability of possible uses against the effect of any change on the special architectural and historic interest of the building concerned.
5.76 Irrespective of whether the grant of planning permission is required, Listed Building Consent will be required for any demolition, alteration and extension of the building and the considerations set out in the Policy may be material in its determination.
Explanation
5.77 In certain circumstances development in the vicinity of a listed building can have a detrimental effect on its setting and appearance. This can include development at some distance from the Listed Building, within its curtilage and works to the building itself. The effect of the proposed development on the setting and appearance of the Listed Building will be a material consideration in the determination of a planning application. Account will be taken of the scale, design, height and location of any building proposed, as well as its orientation, to ensure it does not detract from the building’s special architectural or historic interest, while any subdivision of the curtilage will need to be similarly assessed.
5.78 Proposals within the curtilage of a listed building will require an application for Listed Building Consent and the considerations contained in the Policy will be material in its determination.
Explanation
5.79 There are a number of historic buildings, landscapes and sites in
the Borough, which do not currently meet national criteria for receiving
statutory or special protection, but are nevertheless perceived as being
of value to the local heritage. Local authorities can protect such sites
through the system of planning control and by the adoption of Local Lists.
The Council has produced a local list, which is subject to review and
updating and is available for inspection at the Council offices. Any sites
added to the list during the lifetime of the Plan will be subject to this
policy.
Archaeology
5.80 The archaeological heritage of the Borough is an important part of the wider historic environment, the care of which is of major importance in understanding the past and often, where visible, in safeguarding and enhancing the appearance of the landscape. It is therefore a major public amenity and education resource. Some visible evidence of this heritage exists, but much is buried and of a fragile and vulnerable nature, which given that it is a finite resource, adds to the need for its effective conservation and management.
5.81 The preservation of archaeological sites is a material consideration in the planning process and the impact of development proposals on the historic environment needs to be assessed. In preparing this Plan, the Council has had regard to the existence of sites of archaeological interest and the policies and proposals it contains seek to prevent damage to, or destruction of, the archaeological heritage of the Borough.
Explanation
5.82 Sites of known archaeological interest and/or known potential in the Borough, including Scheduled Ancient Monuments and other nationally important sites, are listed in the Warwickshire Sites and Monuments Record, maintained by the County Museum. This record is of course subject to review and change and it is quite probable that additional archaeological evidence of significance exists and will be discovered, to which this Policy will apply.
5.83 An archaeological assessment and evaluation should be undertaken where a prospective development site is of known, or potential archaeological significance and the results submitted with any planning application. The applicant, who should consult with the Council on the need for and extent of the work, should undertake this assessment and evaluation. Prior to responding, the Council will seek the guidance of relevant interested organisations. In general, the assessment and evaluation should, as appropriate, seek to:
• confirm the existence, or likely existence of the archaeological
interest,
• determine the probable impact of the proposal and
• provide sufficient information to enable the Planning Authority
to identify any mitigating measures, or works to safeguard the archaeological
interest, during construction and in the longer term.
5.84 Developers are encouraged to consult the Warwickshire Sites and Monuments Record, held by Warwickshire Museum, at an early stage in order to determine whether proposals are likely to affect archaeology.
5.85 It may be possible to reconcile the need for development with the archaeological interest. In certain circumstances, it may be possible for the development to be approved if the archaeological interest can be satisfactorily safeguarded or otherwise addressed. With regard to nationally important sites, including Scheduled Ancient Monuments, where the principle of development is acceptable, there is a presumption in favour of their physical preservation in-situ, through the careful layout, siting and design of development. Similarly for sites of less significance, such in-situ preservation is the preferred solution. However, where the preservation in-situ of such sites is not justified or feasible, having regard to its archaeological importance and the need for the development, a programme of archaeological work, to include excavation and recording of archaeological evidence, leading to analysis, public dissemination of the results through publication and deposition of the resultant archive with an appropriate institution, before its destruction or removal, could be acceptable. Such a programme should be undertaken by the applicant and secured by a planning condition and/or agreement.
5.86 Where an archaeological interest exists and development is approved, the Council may require a watching brief, or further excavation to be undertaken during development. As a consequence, it may seek alterations to the development to minimise the impact on the archaeological interest.
The Historic Landscape
Explanation
5.87 There are at present five parks and gardens in the Borough of national importance, included in the Register of Parks and Gardens of Special Historic Interest, compiled by English Heritage i.e. Bilton Grange, Combe Abbey Park, Dunchurch Lodge, Newnham Paddox and Ryton House. More could be registered in the future. Such Parks and Gardens are often planned around stately homes etc. and can comprise parkland, areas of open space, ornamental and kitchen gardens, containing buildings, structures and other landscape features of interest, which combine to produce an area of unique historic, architectural or archaeological value. While registration does not in itself provide any specific statutory protection at present, it could be a material consideration for the determination of planning applications.
5.88 Development affecting these areas needs to be closely controlled, not only to preserve their contribution to the landscape and the built environment, but also because of their intrinsic merit and historical value. Where a proposal would have an adverse effect it will only be allowed if it would be of substantial benefit to the community. In such instances appropriate opportunities for mitigation should be taken, including for example the investigation and recording of features and their preservation, where possible, off site. Development that enhances the value of such features should be encouraged.
5.89 A number of parks and gardens of local importance have also been identified in the Borough as have other elements of the historic landscape e.g. medieval field systems, deer parks, woodlands, hedges and tracks. It is considered that these features should be similarly safeguarded and development, which makes a positive contribution to their value, should be encouraged.
5.90 This information is subject to change and it is quite probable that additional sites and features will be identified and as a consequence be subject to this Policy. In this regard Warwickshire County Council is engaged in a characterisation of historic landscapes for the County, as part of English Heritage’s national programme, which will add to the information base for such sites and features. Development that enhances the value of such features should be encouraged.
5.91 It should be noted that other controls may be relevant to the areas referred to above e.g. those relating to Listed Buildings, Conservation Areas and trees protected by Preservation Orders.