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CHAPTER 8

CONSERVATION OF THE HISTORIC AND BUILT ENVIRONMENT

BACKGROUND

8.1 The plan area has a remarkable diversity and depth of historic, cultural and industrial remains which have played a significant role in shaping the environment. The physical remains of these activities survive in a variety of forms. Archaeological sites include the internationally important remains at Creswell Crags, whilst Hardwick Hall, Barlborough Hall and Bolsover Castle represent architectural and design achievements of the highest order. Planned landscapes are similarly well-represented in the district. Such developments have helped to produce urban and rural settlements of considerable architectural and historic character and interest.

AIMS

8.2 The historic environment should be valued, enjoyed and protected for its intrinsic worth, as a source of local pride, and for its broader contribution to the regional diversity which characterises England. As well as being a cultural asset, however, it also represents a resource contributing to the economic well-being of the plan area by providing an attractive environment for those coming to live, work and invest in the area, and by attracting visitors.

8.3 The local plan seeks to protect and enhance this resource, not by stifling all change but by ensuring that new development is undertaken in a way that respects and reflects the established character of the towns, villages and countryside of the district.

CONSERVATION AREAS

8.4 Conservation areas are those parts of the district which have been recognised as having a special architectural or historic interest which is worthy of preservation and enhancement. When considering planning applications for developments within them, a duty is placed on the local planning authority to pay special attention to the desirability of preserving or enhancing the character or appearance of the conservation area. Anyone intending to do works to trees in a conservation area is required to give the planning authority 6 weeks notice (See paragraph 9.43).

There are at present 26 conservation areas within the plan area: Carnfield Hall, Old Blackwell, Tibshelf, Hardstoft, Astwith, Stainsby, Hardwick and Rowthorne, Pleasley Village, Pleasley Park and Vale, Stony Houghton, Palterton, Scarcliffe, Upper Langwith, Scarcliffe Farmsteads (Apsley Grange), Bolsover, Whaley, Elmton, Elmton-with-Creswell Farmsteads, Creswell Village and Model Village, Creswell Crags, Markland and Hollinhill Grips, Belph, Barlborough, Southgate House, Whitwell and Steetley. The district council is considering whether to designate further conservation areas, and from time to time additional areas may be designated, or the boundaries of existing areas altered or extended. Representations made at

the consultation draft stage of the local plan in respect of new conservation areas will be considered in the designation process.

8.5 Designation of an area as a conservation area does not mean that no change or development will be allowed, but rather that new buildings and uses should respect the established character of the area. The factors which contribute to an area's special character are many and varied and the interplay between them is complex. They include:

  • the architectural forms and details prevalent in the area;
  • the palette of building materials used;
  • the arrangement of buildings in relation to each other, to open spaces and to historic street patterns;
  • the contribution of other elements such as floorscapes, boundary walls, street furniture, soft landscaping etc.;
  • the uses of buildings/activities usual in the area.

8.6 The role of topography in shaping the built environment can also be significant. To guide those designing proposals for sites within conservation areas, the local planning authority will prepare individual assessments of each. These will identify the elements which are important in defining the special character, as well as those buildings of which demolition would be resisted and important open spaces which will be protected from development. These conservation area assessments will be published as Supplementary Planning Guidance and will be a material consideration in the determination of applications within the conservation areas covered.

8.7 Various measures have been introduced by the council which have an impact on development in conservation areas. Article 4 directions have been made to cover some buildings in the Whitwell and the Hardwick and Rowthorne conservation areas, and land west of the castle in Bolsover conservation area, making it necessary to obtain planning permission for some works which would otherwise not require it. In Whitwell a demonstration project was undertaken by the county council to show owners how to improve and maintain buildings within the conservation area. In Bolsover and Pleasley Park and Vale conservation areas, Conservation Area Partnership Schemes have been set up with English Heritage and the Heritage Lottery Fund, giving advice and grants for the repair of historic buildings, but also introducing a variety of initiatives for the better management, control and development of the conservation areas. A similar scheme, a Townscape Heritage Initiative, also in conjunction with English Heritage and the Heritage Lottery Fund, has been set up in Creswell Village and Model Village conservation area.

8.8 Although conservation area assessments have yet to be carried out, the council considers that Tibshelf conservation area, and those parts of Barlborough and Whitwell conservation areas which lie within the settlement framework retain a strong rural village character. This character is highly dependent upon the relatively low density of development, the way the buildings are distributed and their relationship with gardens. New development within these open spaces could significantly alter the visual character of these conservation areas. Within these conservation areas the council will be particularly concerned to ensure that extensions to existing buildings do not alter the character of the area by reducing its openness. Any proposals for new buildings will be considered critically in respect of their impact on gardens and open
areas.

8.9 The importance attached to conservation areas and the statutory duty placed upon the local planning authority to assess the impact of proposals on their special character, are such that only detailed applications for planning permission showing all aspects of design, access, landscaping etc. are appropriate for sites within conservation areas.

8.10 CON 1      DEVELOPMENT IN CONSERVATION AREAS

WITHIN A CONSERVATION AREA, DEVELOPMENT INCLUDING EXTENSIONS TO EXISTING BUILDINGS, SHALL PRESERVE OR ENHANCE THE SPECIAL CHARACTER OR APPEARANCE OF THE AREA. PLANNING PERMISSION WILL NOT BE GRANTED FOR DEVELOPMENT WHICH WOULD HAVE A DETRIMENTAL EFFECT ON THE SPECIAL CHARACTER OR APPEARANCE OF THE AREA.

IN ASSESSING THE EFFECT OF A PROPOSAL ON THE SPECIAL CHARACTER OR APPEARANCE OF THE AREA, PARTICULAR REGARD WILL BE GIVEN TO:

1) THE DESIGN OF THE PROPOSED DEVELOPMENT, BOTH IN GENERAL FORM AND IN DETAILING;

AND
2) THE PROPOSED MATERIALS OF CONSTRUCTION AND THE EXTENT TO WHICH THEY CONFORM TO THE PREVAILING TRADITIONAL BUILDING MATERIALS AND STYLES OF THE CONSERVATION AREA;

AND
3) THE SCALE OF THE PROPOSED DEVELOPMENT;

AND
4) THE RELATIONSHIP OF THE PROPOSED DEVELOPMENT WITH EXISTING BUILDINGS;

AND
5) THE IMPACT OF THE PROPOSED DEVELOPMENT ON IMPORTANT OPEN SPACES WITHIN THE CONSERVATION AREA;

AND
6) THE RELATIONSHIP OF THE PROPOSED DEVELOPMENT TO THE HISTORIC STREET PATTERN;

AND
7) THE IMPACT OF THE PROPOSED DEVELOPMENT ON VIEWS INTO, OUT FROM AND WITHIN THE CONSERVATION AREA, INCLUDING VIEWS OF IMPORTANT BUILDINGS;

AND
8) WHERE APPROPRIATE, THE IMPACT OF NEW USES ON THE AREA'S SPECIAL CHARACTER OR APPEARANCE.

BECAUSE OF THE SENSITIVE NATURE OF CONSERVATION AREAS, APPLICATIONS FOR PLANNING PERMISSION WITHIN SUCH AREAS SHOULD INCLUDE ALL THE INFORMATION REQUIRED TO PROPERLY ASSESS THE IMPACT OF THE PROPOSED DEVELOPMENT ON THEIR SPECIAL CHARACTER OR APPEARANCE. THE LOCAL PLANNING AUTHORITY WILL, THEREFORE, NOT NORMALLY ACCEPT OUTLINE APPLICATIONS FOR SITES WITHIN THEM.

8.11 Within conservation areas, many humble buildings and other structures can play a significant role in defining their special character even though they are not individually of listable quality. Such buildings which make a positive contribution to the special interest of a conservation area are termed "Unlisted Buildings of Merit" in this local plan. Buildings in this category have been identified within the conservation areas of Bolsover, Whaley and Whitwell in surveys carried out independently of the local plan. The local planning authority will extend this coverage to the other conservation areas as resources permit, by means of conservation area assessments (see paragraph 8.6).

8.12 The local planning authority will generally resist proposals to demolish buildings which make a positive contribution to the area and will only grant planning permission and related conservation area consent where every alternative course of action has been properly investigated and discounted for sound and convincing reasons. This is particularly so for buildings which make a positive contribution to the special interest of the conservation area (in this plan termed "Unlisted Buildings of Merit" - see paragraph 8.11). Where demolition is part of a redevelopment scheme conditions will preclude demolition until an acceptable scheme for the new development has been granted planning permission by the local planning authority. Where consent to demolish is to be granted, a condition will be imposed which will link the undertaking of the demolition works to the making of a valid contract for the redevelopment which can include landscaping as appropriate. Where demolition is proposed without a redevelopment scheme, the local planning authority will require a landscaping scheme to be approved and implemented on the site in an agreed timescale.

8.13 CON 2      DEMOLITION OF UNLISTED BUILDINGS OR STRUCTURES IN CONSERVATION AREAS

PLANNING PERMISSION FOR DEVELOPMENT AND RELATED APPLICATIONS FOR CONSERVATION AREA CONSENT TO DEMOLISH AN UNLISTED BUILDING OR STRUCTURE WITHIN A CONSERVATION AREA, WILL ONLY BE GRANTED WHERE:

EITHER
1) THE BUILDING OR STRUCTURE CONCERNED IS OF NO ARCHITECTURAL OR HISTORIC INTEREST AND DOES NOT CONTRIBUTE TO THE SPECIAL ARCHITECTURAL OR HISTORIC CHARACTER OF THE AREA OR DOES NOT MAKE A POSITIVE CONTRIBUTION TO THE APPEARANCE OF THE AREA;

OR
2) THE BUILDING HAS NOT BEEN IDENTIFIED AS AN UNLISTED BUILDING OF MERIT AND THE IMPLEMENTATION OF AN APPROVED SCHEME OF REDEVELOPMENT WOULD ENHANCE THE CONSERVATION AREA;

OR
3) IN THE CASE OF BUILDINGS IDENTIFIED AS UNLISTED BUILDINGS OF MERIT, ALL REASONABLE EFFORTS HAVE BEEN MADE TO SUSTAIN EXISTING USES OR FIND VIABLE NEW USES, AND THAT THOSE EFFORTS HAVE FAILED, AND PRESERVATION IN SOME FORM OF CHARITABLE OR COMMUNITY OWNERSHIP IS NOT POSSIBLE OR SUITABLE.

IN EACH CASE, CONSERVATION AREA CONSENT WILL ONLY BE GRANTED ONCE FULL PLANNING PERMISSION FOR A REDEVELOPMENT SCHEME, INCLUDING LANDSCAPING WHERE APPROPRIATE, HAS BEEN GRANTED.

WHERE CONSENT TO DEMOLISH IS TO BE GRANTED, A CONDITION WILL BE IMPOSED WHICH WILL LINK THE UNDERTAKING OF THE DEMOLITION WORKS TO THE MAKING OF A VALID CONTRACT FOR REDEVELOPMENT, WHICH CAN INCLUDE LANDSCAPING, AS APPROPRIATE.

OPEN AREAS WITHIN CONSERVATION AREAS

8.14 Open areas may play an important role in defining the special character and appearance of some conservation areas, or parts of them, to the extent that development of them would prejudice that special character and appearance. A total of 18 of the district's 26 conservation areas are entirely in the countryside and are outside the settlement frameworks defined in the local plan, therefore, no specific protection is required for the open spaces which contribute to the character of these conservation areas (see ENV 3). In some other conservation areas important open space areas lie outside the settlement framework and these areas are also protected by countryside policies.

8.15 Five other conservation areas - Scarcliffe, Bolsover, Creswell Model Village, Barlborough and Whitwell - include open areas within the settlement framework which need to be protected from development to keep the special character and appearance of the conservation areas.

8.16 CON 3      IMPORTANT OPEN AREAS WITHIN CONSERVATION AREAS

IN ORDER TO PRESERVE THE SPECIAL CHARACTER AND APPEARANCE OF CONSERVATION AREAS, PLANNING PERMISSION WILL NOT BE GRANTED FOR DEVELOPMENT ON THE OPEN AREAS DEFINED ON THE PROPOSALS MAP WITHIN SCARCLIFFE, BOLSOVER, CRESWELL MODEL VILLAGE, BARLBOROUGH AND WHITWELL CONSERVATION AREAS.

8.17 Developments in areas adjacent to, but outside, conservation areas can have a major impact on their special character and setting. The local planning authority will pay special attention to the impact of such development proposals and will refuse those which will have a detrimental effect.

8.18 CON 4      DEVELOPMENT ADJOINING CONSERVATION AREAS

DEVELOPMENT ADJACENT TO A CONSERVATION AREA SHALL PRESERVE OR ENHANCE THE SPECIAL CHARACTER AND SETTING OF THE CONSERVATION AREA. PLANNING PERMISSION WILL NOT BE GRANTED FOR PROPOSALS WHICH WOULD HAVE A DETRIMENTAL EFFECT ON THE SPECIAL CHARACTER OR SETTING OF THE CONSERVATION AREA INCLUDING VIEWS INTO OR OUT FROM THE CONSERVATION AREA.

ADVERTISEMENTS WITHIN CONSERVATION AREAS

8.19 Advertisements can have a significant impact on the character and visual amenity of an area and considerable care is, therefore, required when placing them within conservation areas. In general, advertisements should aim to be as discreet as possible within the constraints of their function and this can usually be achieved by careful consideration of the following when designing them: materials of manufacture; surface finish; size; relationships to buildings to which they are attached; levels and forms of illumination.

8.20 In most cases, the most appropriate material for the manufacture of signs will be timber with a painted surface finish. Dark colours are usually the most effective background with painted letters for the signage. By contrast, modern synthetic materials and garish primary colours are unlikely to enhance the conservation area. The local planning authority will encourage the use of traditional painted signs which are not internally illuminated in conservation areas.

8.21 In determining the size and position of the advertisement, regard should be paid to its relationship with the building to which it will be attached or the sites on which it is located. Particular care should be taken to ensure that fascia boards are not over-large. The board should fit in with any architectural features of the building as well as the rhythms and patterns produced by the fenestration and other architectural features. Particular care should be taken to ensure that fascia boards are not over-large. In this context the term 'premises' used in the policy which follows means both buildings and land used as sites to place 'advertisements'.

8.22 In many instances, illumination of signs within a conservation area is inappropriate and should therefore be avoided wherever possible. If it is necessary it should be as discreet as possible and in the form of small lights mounted on brackets projecting out from the building and casting their light inwards and downwards. Although internally illuminated box signs and individually illuminated halo effect letters may not be appropriate in conservation areas, as they are not in keeping with the special character and appearance of the area. The local planning authority will use a flexible approach to advertisement control as designation of a conservation area does not constitute designation of an area of special control of advertisements. Provided advertisements are discreet and cause no detrimental effects to local amenity, public safety or visual amenity, they will be accepted.

8.23 Projecting signs can be an appropriate form of signage in a conservation area as long as they are of a traditional design and either not illuminated or discreetly lit.

8.24 CON 5      ADVERTISEMENTS WITHIN CONSERVATION AREAS

ADVERTISEMENTS WITHIN CONSERVATION AREAS SHALL PRESERVE OR ENHANCE THE SPECIAL CHARACTER OF THE AREA AND SHALL NOT BE DETRIMENTAL TO THE VISUAL AMENITY OF THE AREA. PROPOSALS WHICH WOULD HAVE A DETRIMENTAL EFFECT WILL NOT BE GRANTED EXPRESS CONSENT. WITHIN CONSERVATION AREAS THE FOLLOWING SHALL APPLY:

1) BUSINESS PREMISES

(A) EXPRESS CONSENT WILL BE GRANTED FOR ONE EXTERNALLY ILLUMINATED FASCIA SIGN AND ONE PROJECTING OR HANGING SIGN (EXTERNALLY ILLUMINATED) IN TOTAL ON EACH BUSINESS PREMISES, PROVIDED THAT SUCH ADVERTISEMENTS ONLY RELATE TO THE BUSINESS OR ACTIVITY CARRIED ON, THE GOODS OR SERVICES PROVIDED, AND THE NAME OF THE BUSINESS AND/OR PERSON CARRYING ON THE BUSINESS OR ACTIVITY OR SERVICE.

(B) ON BUSINESS PREMISES WITH ENTRANCES ON DIFFERENT ROAD FRONTAGES CONSENT MAY BE GRANTED FOR THE ERECTION OF ADVERTISEMENTS AS INDICATED ABOVE ON MORE THAN ONE FRONTAGE, IF IT IS CONSIDERED APPROPRIATE TO THE APPEARANCE OF THE CONSERVATION AREA.

(C) CONSENT WILL NOT BE GRANTED FOR ADDITIONAL ADVERTISEMENTS OR FORMS OF ADVERTISEMENTS OTHER THAN THOSE MENTIONED ABOVE WHICH HAVE A DETRIMENTAL EFFECT ON LOCAL AMENITY, PUBLIC SAFETY OR VISUAL AMENITY.

2) ALL OTHER PREMISES

(A) PROPOSALS FOR ADVERTISEMENTS ON PREMISES OTHER THAN BUSINESS PREMISES OR FOR OTHER TYPES OF ADVERTISEMENT WILL BE TREATED ON THEIR MERITS IN RELATION TO THE QUALITY OF THE DESIGN AND ITS EFFECT ON THE AMENITIES AND SAFETY OF THE AREA.

3) GENERAL

(A) SPECIAL CARE WILL BE TAKEN TO ENSURE THAT DESIGN AND LOCATION OF ANY ADVERTISEMENT PROPOSED FOR ERECTION IN A CONSERVATION AREA, OR ON A LISTED BUILDING, IS IN KEEPING WITH THE ARCHITECTURAL AND HISTORIC CHARACTER OF THE AREA AND BUILDING.

(B) APPLICATIONS FOR ADVERTISEMENTS WHICH CAUSE SIGNIFICANT DETRIMENT TO LOCAL AMENITY OR PUBLIC SAFETY WILL BE REFUSED.

8.25 At Old Blackwell the fact that the conservation area is within the countryside would preclude new housing development. However, it is considered that the visual character of the conservation area could be enhanced by sympathetic development for housing of one site within the conservation area, the site between the old school and the property called 'Greystones'. The development of this open area by one or two carefully designed dwellings would enhance the appearance of the conservation area provided that the loading bay extension on the former school is demolished and the school restored and brought back into an acceptable use within the conservation area. No other sites are considered suitable for new residential development within Old Blackwell conservation area.

8.26 CON 6      DEVELOPMENT IN OLD BLACKWELL CONSERVATION AREA

THE DEVELOPMENT OF ONE OR TWO DWELLINGS IN THE AREA OF LAND BETWEEN THE OLD SCHOOL BUILDING AND GREYSTONES WILL BE PERMITTED PROVIDED IT IS DESIGNED TO PRESERVE OR ENHANCE THE CHARACTER OR APPEARANCE OF THE CONSERVATION AREA, AND PROVIDED THE DEVELOPMENT DOES NOT PREJUDICE THE RE-USE OF THE FORMER SCHOOL BUILDING. THE LOCAL PLANNING AUTHORITY WILL SEEK TO SECURE THE RESTORATION OF THE FORMER SCHOOL BUILDING AS PART OF THE DEVELOPMENT.

LISTED BUILDINGS

8.27 Listed Buildings are those identified by the Secretary of State and his advisors as having a special architectural or historic interest. Within the plan area there are currently 183 entries on the list, of which 7 are Grade I, 23 Grade II*, and 153 Grade II. Many entries cover a number of buildings.

8.28 Listing of a building confers on it a significant degree of protection. Permission, in the form of Listed Building Consent, is required for any works of demolition, extension, or alteration which affect the character of the building as one of special architectural or historic interest. The last of these can include very minor works which are not otherwise under the control of the planning system, such as security measures, repairs, internal modifications, minor advertisements and electronic telecommunications.

8.29 The protection enjoyed by the principal listed building extends to any object or structure fixed to it and to any object or structure within its curtilage which has been so since before 1st July 1948. The latter can include buildings which originally formed part of the curtilage of the listed building but which have since been sold to form a separate legal curtilage. The question of the extent of a listed building must, therefore, be judged on the facts of each case.

8.30 In designing extensions to listed buildings, careful thought should be given to the form of the new element to ensure that it respects the special character and appearance of the building. It is often appropriate to replicate the parent building in its materials and detailing, while the scale and position of the extension should be carefully selected to ensure that it remains clearly subordinate to the original building.

8.31 Alterations should similarly be designed to minimise their impact on the building. The variety of listed buildings is such that it is difficult to give general advice beyond that offered in Annex C of PPG15, Planning and the Historic Environment. Where permission is granted for significant alterations or extensions to a listed building are approved, documentary records will be required prior to works taking place (see CON 11 paragraph 8.40).

8.32 The local planning authority will maintain a buildings at risk register, in consultation with other bodies, and will serve notices to secure the repair of listed buildings where appropriate.

8.33 CON 7      EXTENSION AND ALTERATION OF LISTED BUILDINGS

WORKS OF EXTENSION AND ALTERATION INCLUDING LIMITED PARTIAL DEMOLITION REQUIRING LISTED BUILDING CONSENT SHALL BE DESIGNED AND IMPLEMENTED IN A MANNER THAT RESPECTS AND PRESERVES THE SPECIAL ARCHITECTURAL OR HISTORIC INTEREST OF THE LISTED BUILDING. PROPOSALS WHICH WOULD HAVE A DETRIMENTAL EFFECT ON THE BUILDING WILL BE REFUSED.

8.34 Demolition or substantial partial demolition of a listed building represents a last resort and the Secretary of State has made it clear that Listed Building Consent for demolition will only be granted where there is "clear and convincing evidence that all reasonable efforts have been made to sustain existing uses or find viable new uses, and these efforts have failed; that preservation in some form of charitable or community ownership is not possible or suitable; or that redevelopment would produce substantial benefits for the community which would decisively outweigh the loss resulting from demolition" (PPG15 - 'Planning and the Historic Environment' (1994), paragraph 3.17). Even so, cases where demolition will produce community benefits are rare and only in very exceptional circumstances. Where proposed works will not result in total or substantial demolition of the listed building, the local planning authority will take into account the same considerations as with applications regarding alterations or extensions to listed buildings. Where listed building consent is granted for the demolition of a listed building, documentary records of the building will be required prior to demolition taking place (see CON 11 paragraph 8.40).

8.35 The grading of a building is a material consideration for the exercise of listed building control. Outstanding architectural or historic interest (of about 6% of all listed buildings) is identified by Grade I and II* buildings. These buildings are of particularly great importance to the built heritage of the nation, with their significance being beyond dispute. However, it should be emphasised that statutory controls apply to all listed buildings, irrespective of grade. As Grade II includes about 94% of all listed buildings which play a major part in the historic quality of towns, villages and countryside, it will cause widespread damage if careful examination is not made of any proposals for alteration or demolition.

8.36 CON 8      DEMOLITION OF LISTED BUILDINGS

PLANNING PERMISSION FOR REDEVELOPMENT AND RELATED APPLICATIONS FOR LISTED BUILDING CONSENT FOR THE DEMOLITION OR SUBSTANTIAL DEMOLITION OF A LISTED BUILDING WILL ONLY BE GRANTED IN EXCEPTIONAL CIRCUMSTANCES. THE LOCAL PLANNING AUTHORITY WILL TAKE INTO CONSIDERATION THE FOLLOWING MATTERS:

1) THE IMPORTANCE OF THE BUILDING IN TERMS OF ITS ARCHITECTURAL AND HISTORIC INTEREST AND RARITY;

AND
2) THE FEATURES OF THE BUILDING WHICH JUSTIFY ITS LISTING;

AND
3) THE SETTING OF THE BUILDING AND ITS CONTRIBUTION TO THE LOCAL SCENE;

AND
4) THE CONDITION OF THE BUILDING AND THE COST OF REPAIR AND MAINTENANCE IN RELATION TO ITS IMPORTANCE AND TO THE VALUE DERIVED FROM ITS CONTINUED USE;

AND
5) THE ADEQUACY OF THE EFFORTS MADE TO SUSTAIN EXISTING USES OR FIND VIABLE NEW USES AND IF THOSE EFFORTS HAVE FAILED, THAT PRESERVATION IN SOME FORM OF CHARITABLE OR COMMUNITY OWNERSHIP IS NOT POSSIBLE OR SUITABLE;

AND
6) THE MERITS OF ALTERNATIVE PROPOSALS FOR THE SITE INCLUDING TO WHAT EXTENT ANY REDEVELOPMENT WOULD PRODUCE SUBSTANTIAL BENEFITS FOR THE COMMUNITY WHICH WOULD DECISIVELY OUTWEIGH THE LOSS RESULTING FROM DEMOLITION.

BEFORE CONSENT FOR DEMOLITION IS GRANTED:

A) DETAILED PLANS FOR REDEVELOPMENT SHALL BE SUBMITTED FOR APPROVAL,

AND
B) A VALID CONTRACT FOR REDEVELOPMENT SHALL BE MADE BEFORE DEMOLITION WORK BEGINS.

8.37 CON 9      CHANGE OF USE OF LISTED BUILDINGS

PLANNING PERMISSION WILL ONLY BE GRANTED FOR THE CONVERSION OR CHANGE OF USE OF A LISTED BUILDING WHERE:

EITHER
1) THE EXISTING USE IS NO LONGER VIABLE OR COMPATIBLE WITH THE BUILDING AND ITS SETTING;

OR
2) THE CHANGE OF USE WILL SECURE THE RETENTION OF A LISTED BUILDING WHICH WOULD OTHERWISE BE LOST OR DAMAGED.

ANY RESULTING ALTERATIONS TO THE EXTERIOR, INTERIOR AND/OR SETTING OF A LISTED BUILDING WILL BE REQUIRED TO RESPECT AND PRESERVE THE SPECIAL ARCHITECTURAL OR HISTORIC INTEREST OF THE LISTED BUILDING.

8.38 The setting of a listed building is another important consideration. Whilst new development which is close, but not joined, to a listed building does not require Listed
Building Consent, the impact of that development on the setting of the listed building is an important material consideration in determining a planning application.


8.39 CON 10      DEVELOPMENT AFFECTING THE SETTING OF LISTED BUILDINGS

DEVELOPMENT WHICH AFFECTS THE SETTING OF A LISTED BUILDING SHALL PRESERVE OR ENHANCE THAT SETTING. PROPOSALS WHICH WOULD HAVE A DETRIMENTAL EFFECT ON THE SETTING WILL NOT BE GRANTED PLANNING PERMISSION.

8.40 CON 11      DOCUMENTARY ARCHIVES RELATING TO ALL LISTED BUILDINGS AND TO UNLISTED BUILDINGS OF MERIT IN CONSERVATION AREAS AND TO HISTORIC GROUNDS

WHERE PLANNING PERMISSION, LISTED BUILDING CONSENT OR CONSERVATION AREA CONSENT IS GRANTED FOR DEVELOPMENT INVOLVING:

EITHER
A) DEMOLITION OR SIGNIFICANT ALTERATION OR EXTENSION TO LISTED BUILDINGS;

OR
B) DEMOLITION OF UNLISTED BUILDINGS OF MERIT WITHIN CONSERVATION AREAS;

OR
C) WORKS AFFECTING HISTORIC GROUNDS *;

(IN ACCORDANCE WITH POLICIES CON 7,8,9 AND 10) CONDITIONS WILL BE IMPOSED REQUIRING THE PREPARATION OF A DOCUMENTARY ARCHIVE OF THE BUILDING. THE ARCHIVE SHALL INCLUDE PHOTOGRAPHS AND MEASURED SURVEY DRAWINGS AS APPROPRIATE, AND SHALL BE PREPARED IN ACCORDANCE WITH A SPECIFICATION SUBMITTED TO AND AGREED BY THE LOCAL PLANNING AUTHORITY. COPIES OF THE ARCHIVE SHALL BE DEPOSITED WITH THE LOCAL PLANNING AUTHORITY AND DERBYSHIRE COUNTY COUNCIL.

* 'Historic grounds' for the purposes of this policy means historic parks, gardens, graveyards and cemeteries.

HISTORIC PARKS, GARDENS, GRAVEYARDS AND CEMETERIES

8.41 England has made a particularly significant contribution to European achievement in the design of parks and gardens, both private and public. The plan area has fine examples of this tradition, most notably the parks at Hardwick Hall and Barlborough Hall and the garden at Bolsover Castle, but also includes planned landscapes at Carnfield Hall, Beighton Fields Priory, and other sites.

8.42 Cemeteries and graveyards are a specialised form of planned landscape and can form a microcosm of developments in taste and style. If managed in an appropriate fashion they can constitute an important cultural, educational, tourist and recreational resource.

8.43 English Heritage has compiled a Register of Parks and Gardens of Historic Interest which includes the most important examples. Hardwick Hall, Bolsover Castle and Barlborough Hall appear on the register, graded I, II* and II respectively. Although entry in the register does not of itself confer any extra statutory controls, it is an important recognition of the historic importance of a site and a significant material consideration in determining planning applications and appeals. Historic parks, gardens, cemeteries and graveyards of local importance are identified on the Derbyshire County Sites and Monuments Record.

8.44 In considering the character or setting of a historic park or garden attention will be given to those elements, either built or planted, which contribute to the design, structure or definition of the park or garden. Such features as boundary walls, gates and gateways, fences, hedges, ha-has, driveways, steps and paved areas are of particular importance. The effect of development on historic parks, gardens, graveyards and cemeteries or their setting is seen as a material consideration when determining planning applications. Development will only be permitted if it will protect or enhance the character or appearance of the historic ground. Development which would improve the use of a historic ground for public enjoyment, in a manner sympathetic to its particular historic character, may be acceptable. Conditions may be imposed on any planning permission to require preparation of a documentary archive of the historic ground in the manner described in policy CON 11.

8.45 The traditional English parish graveyard is an important historic record of the locality. Many gravestones and monuments are of individual historic interest, and some are of architectural interest. The character of these graveyards can add significantly to the character of the area in which they are situated. The local planning authority recognises the importance of these sites and most have been included within designated or proposed conservation areas, and many lie within the curtilage of listed churches. A few non-conformist or municipal cemeteries which have historic interest have also been identified.

8.46 Most of the historic parks, gardens, graveyards and cemeteries within the plan area have been designated as conservation areas to which the policies CON 1, 2, 4 and 5 will apply. Similarly, in some instances, garden structures are listed and enjoy the protection offered by that status. In those instances, the garden/landscape forms the setting to the listed structure and the policy CON 9 will apply.

8.47 CON 12      HISTORIC PARKS, GARDENS, GRAVEYARDS AND CEMETERIES

PLANNING PERMISSION WILL BE GRANTED FOR DEVELOPMENT:

1)   WITHIN HISTORIC GROUNDS* INCLUDED IN ENGLISH HERITAGE'S REGISTER OF PARKS AND GARDENS OF HISTORIC INTEREST, ONLY IF IT WILL PRESERVE OR ENHANCE THE CHARACTER OR APPEARANCE OF THE SITE OR ITS SETTING.

2)   WITHIN HISTORIC GROUNDS* OF LOCAL IMPORTANCE (AS IDENTIFIED IN THE DERBYSHIRE COUNTY SITES AND MONUMENTS REGISTER) ONLY IF IT WILL NOT HAVE A MATERIALLY HARMFUL IMPACT UPON THE CHARACTER OR APPEARANCE OF THE SITE OR ITS SETTING.

THE LOCAL PLANNING AUTHORITY WILL:

A)    REQUIRE AN APPROPRIATE INVESTIGATION AND ANALYSIS OF THE HISTORIC GROUNDS AND AN IMPACT ASSESSMENT TO BE SUBMITTED AS PART OF THE PLANNING APPLICATION TO ALLOW PROPER ACCOUNT TO BE TAKEN OF THE HISTORIC AND/OR ARCHAEOLOGICAL SIGNIFICANCE OF THE GROUNDS;

AND
B)    IMPOSE CONDITIONS ON ANY PLANNING PERMISSION AND/OR SEEK TO NEGOTIATE A PLANNING OBLIGATION UNDER SECTION 106 OF THE TOWN AND COUNTRY PLANNING ACT 1990 FOR THE REPAIR, RESTORATION OR ENHANCEMENT, AND MANAGEMENT OF THE GROUNDS WHICH ARE NEEDED AS A CONSEQUENCE OF DEVELOPMENT.

* "Historic grounds" for the purpose of this policy refers to historic parks, gardens, graveyards and cemeteries.

ARCHAEOLOGICAL SITES AND ANCIENT MONUMENTS

8.48 Archaeological remains form a valuable part of our shared heritage. They offer eloquent - and often the only - testimony to the forces and processes which have shaped the landscape in which we now live.

8.49 Archaeological sites are diverse in form, ranging from great churches and castles to scatters of flints and sites of individual artefacts. They span the millennia from mankind's earliest appearance right up to and including the recent industrial past. The plan area contains internationally important sites including Creswell Crags and Bolsover Castle, in addition to other sites of national, regional and local significance.

8.50 Archaeological sites are a finite resource, which is coming under increasing pressure. Once a site has been destroyed, the opportunities which it represented to further our understanding of the past are lost forever. Public interest in archaeology is such that important remains can form a valuable asset in attracting visitors to the area. Creswell Crags is a good example of this. The significance of archaeological remains and their consideration within the development control process has received growing recognition in recent years, culminating in PPG16 - 'Archaeology and Planning'
(1990).

8.51 The most important archaeological monuments are those designated as Scheduled Ancient Monuments, which receive the protection afforded by the Ancient Monuments and Archaeological Areas Act 1979. There is a presumption towards the preservation in situ of such sites and, therefore, against any development which would disturb such remains. Scheduled monument consent must be sought from the Secretary of State for Culture, Media and Sport for any proposed works which will affect Scheduled Ancient Monuments. At present there are 11 Scheduled Ancient Monuments in the council's area: Pinxton Castle; Hardwick Old Hall; Langwith Cave; Bolsover Intrenchments; Bolsover Conduit Houses; Bolsover Castle; Creswell Gorge; Clowne Market Cross; Markland Grips promontory fort; Ash Tree Cave, Whitwell; Barlborough Cross.

8.52 PPG16 - 'Archaeology and Planning' (1990) further recognises that there are sites which are of national importance or of particular local importance but which are not protected by Scheduled Ancient Monument status. In these instances the presumption in favour of preservation in situ, in their original location, and therefore against developments which would disturb them, also applies.

8.53 Other sites may not be of sufficient importance to justify preservation in situ and in these instances preservation by record (i.e. excavation, recording and post-excavation analysis of the site by professional archaeologists) should precede development which will destroy those archaeological remains. This recording should be undertaken in accordance with a programme submitted to and agreed in writing with the local planning authority. Where the evidence for the presence of archaeological remains is slight, the local planning authority may place a condition on a planning permission requiring the developer to make provisions for an archaeologist, agreed with the local planning authority, to be present to monitor works which disturb the ground (this is known as a 'watching brief').

8.54 Occasionally a mixture of preservation in situ and appropriate investigation and recording is the most effective method for preserving archaeological sites and ancient monuments, if disturbance proves to be unavoidable.

8.55 The changes in our understanding of the archaeological record are such that it is not possible to identify with any certainty a comprehensive list of unscheduled sites of national, regional or particular local significance. The local planning authority will be advised on the status of archaeological sites by the County Archaeological Officer.

8.56 Known archaeological sites are recorded on the Derbyshire Sites and Monuments Record (SMR) and prospective developers are strongly urged to establish the archaeological status of their land at the earliest possible stage in the formulation of their development proposals.

8.57 In many cases, an archaeological appraisal of a development site may be required. In the first instance, this may simply be a desk-based project using existing records, but it may lead to a field evaluation to establish the nature and extent of the remains. The results of an archaeological appraisal should be submitted as part of a planning application where the site is of known, or potential, archaeological significance.
Paragraphs 19-22 of PPG16 "Archaeology and Planning (1990)" provide advice on
this procedure.


8.58 CON 13      ARCHAEOLOGICAL SITES AND ANCIENT MONUMENTS

PLANNING PERMISSION WILL ONLY BE GRANTED FOR DEVELOPMENT WHICH AFFECTS ARCHAEOLOGICAL SITES OR THEIR SETTINGS, IF AN APPROPRIATE ARCHAEOLOGICAL APPRAISAL, AND WHERE NECESSARY A FIELD EVALUATION AND ASSESSMENT OF THE ARCHAEOLOGICAL POTENTIAL OF THE SITE AND THE EFFECTS OF THE PROPOSED DEVELOPMENT, IS
SUBMITTED AS PART OF THE PLANNING APPLICATION TO ALLOW PROPER ACCOUNT TO BE TAKEN OF THE ARCHAEOLOGICAL POTENTIAL OF THE SITE.

IN GRANTING PLANNING PERMISSION THE LOCAL PLANNING AUTHORITY WILL IMPOSE CONDITIONS OR SEEK TO NEGOTIATE A PLANNING OBLIGATION UNDER SECTION 106 OF THE TOWN AND COUNTRY PLANNING ACT 1990 TO SECURE:

(A) MINIMUM DISTURBANCE OF THE REMAINS

AND EITHER
(B) THE EXCAVATION, RECORDING AND POST-EXCAVATION ANALYSIS OF SUCH REMAINS TO AN AGREED PROGRAMME PRIOR TO THE COMMENCEMENT OF DEVELOPMENT;

OR
(C) THE PROVISION OF AN ARCHAEOLOGICAL WATCHING BRIEF DURING THE CONSTRUCTION WORKS.

PLANNING PERMISSION WILL NOT BE GRANTED FOR DEVELOPMENT WHICH WOULD DISTURB SCHEDULED ANCIENT MONUMENTS OR UNSCHEDULED SITES IDENTIFIED AS BEING OF NATIONAL OR PARTICULAR LOCAL IMPORTANCE AND WORTHY OF PRESERVATION IN SITU WITHOUT BEING DISTURBED, OR WHICH WOULD BE SIGNIFICANTLY DETRIMENTAL TO THE SETTING OF SUCH SITES AND MONUMENTS.

8.59 The historic core of Bolsover town has a concentration of archaeological remains and in recognition of this was defined as an Area of Archaeological Interest within the Old Bolsover-Hillstown Local Plan. This designation indicates to developers of sites within the area that it is particularly important that they consider the requirement of archaeology in formulating their proposals. A review of the Area of Archaeological Interest has been undertaken by archaeological consultants on behalf of the district council and forms a desk-based assessment for the whole area. It concluded that the area should be extended to incorporate the medieval parkland to the south west of the castle, and that a field evaluation would be required for any site within the Area of Archaeological Interest. The exact form of such a field evaluation may vary between sites and advice should be sought from the County Archaeologist at the earliest possible stage in the development process.

8.60 CON 14      BOLSOVER AREA OF ARCHAEOLOGICAL INTEREST

PLANNING PERMISSION WILL BE GRANTED FOR DEVELOPMENT WHICH AFFECTS SITES WITHIN THE BOLSOVER TOWN AREA OF ARCHAEOLOGICAL INTEREST, DEFINED ON THE PROPOSALS MAP, PROVIDED THAT:

1) AN ARCHAEOLOGICAL FIELD EVALUATION IS SUBMITTED AS PART OF THE PLANNING APPLICATION TO ALLOW PROPER ACCOUNT TO BE TAKEN OF THE ARCHAEOLOGICAL POTENTIAL OF THE SITE;

AND
2) THE DEVELOPMENT WILL NOT DISTURB ARCHAEOLOGICAL REMAINS IDENTIFIED AS WORTHY OF PRESERVATION IN SITU WITHOUT BEING DISTURBED, OR BE SIGNIFICANTLY DETRIMENTAL TO THE SETTING OF SUCH SITES;

AND
3) THE PROPOSAL WILL NOT CAUSE, OR WILL MINIMISE,
THE DISTURBANCE OF OTHER ARCHAEOLOGICAL
REMAINS. WHERE SUCH DISTURBANCE IS
UNAVOIDABLE THE LOCAL PLANNING AUTHORITY
WILL IMPOSE CONDITIONS OR SEEK TO NEGOTIATE A
PLANNING OBLIGATION UNDER SECTION 106 OF THE
TOWN AND COUNTRY PLANNING ACT 1990 TO SECURE
THE EXCAVATION, RECORDING AND POST EXCAVATION
ANALYSIS OF SUCH REMAINS TO AN AGREED
PROGRAMME PRIOR TO THE COMMENCEMENT OF
DEVELOPMENT.

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