C: Relevant Planning Policy

APPENDIX C RELEVANT PLANNING POLICY

1. NATIONAL POLICY AND GUIDANCE PLANNING (LISTED BUILDINGS AND CONSERVATION AREAS) ACT (1990) Listed Buildings are designated under the Planning (Listed Buildings and Conservation Areas) Act 1990 for their special architectural or historic interest. Listing gives them protection as alterations, additions or demolitions are controlled by Listed Building Consent, which is required by local planning authorities when change is proposed. Conservation Areas are also protected under Section 69 of the same act.

THE NATIONAL PLANNING POLICY FRAMEWORK (NPPF) The National Planning Policy Framework (NPPF) (March 2012) is the overarching planning policy document for England. Within Section 12 – Conservation and enhancing the historic environment – are the government’s policies for the protection of heritage. The policies advise a holistic approach to planning and development, where all significant elements which make up the historic environment are termed heritage assets. These consist of designated assets, such as listed buildings or conservation areas, non-designated assets, such as locally listed buildings, or those features which are of heritage value. The policies within the document emphasise the need for assessing the significance of heritage assets and their setting in order to fully understand the historic environment and inform suitable design proposals for change to significant buildings. The policies in this chapter require proposals to take into account:

• The desirability of sustaining and enhancing the significance of heritage assets and putting them into viable uses consistent with their conservation;

• The wider social, cultural, economic and environmental benefits that conservation of the historic environment can bring; • The desirability of new development making a positive contribution to local character and distinctiveness; and

• Opportunities to draw on the contribution made by the historic environment to the character of a place.

The document also requires that the significance of any heritage assets affected by development proposals is understood and the impact of those proposals assessed.

HISTORIC ENGLAND, CONSERVATION PRINCIPLES, 2008 Conservation Principles, Policies and Guidance, published by English Heritage (now Historic England), provides a comprehensive framework for the sustainable management of the historic environment, wherein ‘Conservation’ is defined as the process of managing change to a significant place and its setting in ways that will best sustain its heritage values, while recognising opportunities to reveal or reinforce those values for present and future generations. ‘Conservation Principles’ sets out the principles that:

• the historic environment is a shared resource

• everyone should be able to participate in sustaining the historic environment

• understanding the significance of places is vital

• significant places should be managed to sustain their values

• decisions about change must be reasonable, transparent and consistent

• documenting and learning from decisions is essential

The guidance describes a set of four heritage values, which are used to assess the significance of a heritage asset: evidential value, historical value, aesthetic value and communal value. The assessment of significance within this report uses the ‘values’ set out within this guidance.

HISTORIC ENVIRONMENT GOOD PRACTICE ADVICE IN PLANNING NOTE 3: THE SETTING OF HERITAGE ASSETS (2017), HISTORIC ENGLAND This document provides guidance on how changes within the setting of a listed building, conservation area, scheduled monument, etc. can affect the significance of an asset itself.

It sets out how the significance of a heritage asset derives not only from its physical presence and historic fabric but also from its setting – the surroundings in which it is experienced. The careful management of change within the surroundings of heritage assets therefore makes an important contribution to the quality of the places in which we live.

Change, including development, can sustain, enhance or better reveal the significance of an asset as well as detract from it or leave it unaltered. Understanding the significance of a heritage asset will enable the contribution made by its setting to be understood.

BUILDING IN CONTEXT: NEW DEVELOPMENT IN HISTORIC AREAS (2001) This guidance document prepared by CABE and English Heritage (now Historic England) states that the examination of the context for any proposed development is the right approach to good design. Following an informed character appraisal, a successful project will:

• Relate well to the geography and history of the place and the lie of the land

• Sit happily in the pattern of existing development and routes through and around it • Respect important views

• Respect the scale of neighbouring buildings

• Use materials and building methods which are as high in quality as those used in existing buildings

• Create new views and juxtapositions which add to the variety and texture of the setting

2. LOCAL PLANNING POLICY Teesdale Local Plan and Durham County Council Local Development Framework

Local Government reorganisation has resulted in the amalgamation of the seven former Durham District and Borough Authorities with Durham County Council. As a result, the new unitary council, Durham County Council as sole Local Planning Authority for County Durham, is preparing a new plan for the district known as the Local Development Framework.

This new plan will replace the existing nine adopted Local Plans and is due public consultation in the Spring and Summer of 2018. As the plan is still under development, saved policies of the nine Local Plans are still a material consideration within planning application decisions. Those pertinent to Raby in heritage terms are as follows:

ENV 4 Historic Parks and Gardens POLICY: The council will seek to protect the historic character and appearance of historic parks and gardens as designated by English Heritage, including the following which are identified on the proposals map;

• Bowes Museum Gardens • Lartington Park • Raby Park • Rokeby Park

Within these areas only new development proposals that are compatible with existing uses already within the area and meet the following criteria will be granted planning permission:

A) the proposal does not unacceptably harm the historic landscape of the area; and

B) any building or significant extensions are sited and of a design, scale and materials that are sympathetic to the existing character of the area. Such development proposals should accord with policy GD1.

ALSO: Refer to para 3.9.1of the Teesdale District Council Local Plan (2002) for full policy justification.

BENV 1 Alterations, Extensions and Change of Use to Listed Buildings POLICY: Alterations, extensions and changes of use to a listed building will only be permitted if the proposals are in keeping with the character and appearance of the building, or where it can be clearly proven that other uses which may bring about less damage to the building are not viable.

ALSO: Refer to para 4.5.2 of the Teesdale District Council Local Plan (2002) for full policy justification.

AND: Section 3 (Paragraphs 3.8 to 3.15 in particular) of Planning Policy Guidance 15: Planning and the Historic Environment.

BENV 2 Demolition of a Listed Building POLICY: Development which would adversely affect the character of a listed building or its setting will not be permitted.

ALSO: Refer to paragraph 4.5.9 of the Teesdale District Council Local Plan (2002) for full policy justification.

AND: Refer to Paragraphs 3.4 and Annex C of Planning Policy Guidance 15: Planning and the Historic Environment.

BENV 4 Development Adversely Affecting the Character of a Listed Building POLICY: Development which would adversely affect the character of a listed building or its setting will not be permitted.

ALSO: Refer to paragraph 4.5.9 of the Teesdale District Council Local Plan (2002) for full policy justification.

AND: Refer to Paragraphs 3.4 and Annex C of Planning Policy Guidance 15: Planning and the Historic Environment.

BENV 11 Archaeological Interest Sites POLICY: Before the determination of an application for development that may affect a known or potential site of archaeological interest, prospective developers will be required to undertake a field evaluation and provide the results to the planning Authority. Development which would unacceptably harm the setting or physical remains of sites of national importance, whether scheduled or not, will not be approved. Developments which affect sites of regional or local importance will only be approved where the applicant has secured a scheme of works which will in the first instance preserve archaeological remains in situ or where this is not possible by excavation and record.

ALSO: Refer to paragraph 4.12.1 to 4.12.3 of the Teesdale District Council Local Plan (2002) for full policy justification.

AND: Refer to Planning Policy Guidance 16: Archaeology and Planning.

BENV 13 Change of Use or Conversion in the Countryside POLICY: A) the change of use or conversion of a building in the countryside will be permitted for the following uses provided it fulfils the criteria set out in B):

• employment uses (including classes b1 & b2) • holiday accommodation • recreational uses, including camping barns and bunk houses • community uses • farm diversification enterprises

B) all proposals for the conversion of rural buildings will be required to fulfil the following criteria:-

1 the building is structurally sound and capable of conversion without significant rebuilding or extension; and 2 the new use would not cause unacceptable disturbance to rural amenities, nearby properties or land uses through noise, smell, pollution or operation at unreasonable hours ; and

3 the proposal would not be materially detrimental to the landscape quality of the area; and

4 the conversion safeguards the form, character, architectural features, design and setting of the building; and

5 the building is/can be serviced without having a materially detrimental impact on the landscape ; and

6 the new use would not lead to an unacceptable increase in the level of traffic on local roads or cause access or parking problems. Such development proposals should accord with policy GD1.

ALSO: Refer to paragraphs 4.14.1 to 4.14.5 of the Teesdale District Council Local Plan (2002) for full policy justification.

AND: Refer to Paragraph 17 of Planning Policy Statement 7: Sustainable Development in Rural Areas. BENV 14 POLICY: The change of use or conversion of a building in the countryside to residential use will only be permitted if it can be shown that an alternative use such as those suggested in policy BENV13a) has been fully pursued and subject to all the criteria in BENV13b) being met. Proof would involve all the following criteria:-

A) the property has been marketed without a residential value for at least one year.

B) the property has been advertised in local media at least four times in that year over an even period throughout the year.

C) no reasonable offer for an alternative use has been refused.

Further development and extensions beyond a building proposed for residential use will not normally be allowed. Permitted development rights normally attached to dwelling houses will be removed by condition.

ALSO: Refer to paragraphs 4.14.6 to 4.14.7 of the Teesdale District Council Local Plan (2002) for full policy justification.

AND: Refer to Paragraph 17 of Planning Policy Statement 7: Sustainable Development in Rural Areas.