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POLICY
19. Scottish Ministers' policy for the historic environment reflects its importance as part of Scotland's cultural heritage. It is, therefore, important that this resource is actively managed and its value and potential is maximised as the needs and aspirations of Scotland's population, its communities and visitors change. With the careful application of these planning policies, the historic environment can often be adapted to accommodate new uses, offering opportunities for new and creative design, whilst retaining its special character.
20. In some cases the importance of the heritage asset is such that change may be difficult without damaging the very qualities which distinguish it. However, in most cases, the historic environment can accommodate change and in these cases, the emphasis is on the informed management of change. Key to this process is a clear understanding of the historic importance of the heritage asset as the basis for informed change. The preparation of conservation area appraisals and townscape audits can be particularly useful in informing planning policy and decisions. Further information is available in PAN 52 Planning in Small Towns and PAN 71 Conservation Area Management.
21. Local authorities have a range of duties and powers with regard to the historic environment. Policies for the stewardship of the historic environment should be set out in development plans with the emphasis on positive management and implementation. Planning authorities should also ensure that they can call on sufficient specialist conservation advice to inform their decision-making and to advise owners of historic assets and other members of the public.
Development Planning
22. Development plans play a key role in achieving the Government's objectives for the historic environment and unlocking its potential to contribute to wider objectives such as sustainability, regeneration and place-making. Planning authorities should ensure that development plans provide a land use policy framework for the protection, conservation and enhancement of the historic environment, within which any development impacts can be properly assessed. Planning authorities should draw on their own or contracted-in archaeology services and are encouraged to seek advice from Historic Scotland and others at an early stage in the preparation of such plans.
Structure Plans/Strategic Development Plans
23. Structure plans should set out general policies for the protection, conservation and enhancement of the historic environment. Strategic development plans are being introduced under planning reform to deal with key cross-boundary issues that have impacts across a city region. It is unlikely that it will be necessary to include specific policies on the historic environment in strategic development plans. However, the spatial strategy of the plan should be informed by considerations including the capacity of settlements and areas of countryside to accommodate development without damage to their historic value.
Local Plans/Local Development Plans
24. Local plans and, in future, local development plans, should assess the scale of change likely to occur over the plan period and ensure that new development is accommodated without damaging the character of the historic environment. Specifically, they should:
- define the historic environment and its landscape or townscape setting, where appropriate, in proposals maps
- set out detailed policies and criteria for assessing development proposals to ensure the protection, conservation and enhancement of the historic environment
- outline management processes including:
- proposals for designating conservation areas and for reviewing their boundaries
- details of existing and proposed Article 4 Directions
- priorities for enhancement programmes, including opportunities for regeneration or revitalisation
- identification of sites that will require more detailed guidance such as a development brief, design guide or character appraisals
- include in their action programmes (under the Planning etc. (Scotland) Act 2006) details of what action will be taken to deliver the policies and proposals on the historic environment over at least the following 2-year period.
Supplementary Planning Guidance
25. Planning authorities may produce more detailed appraisals, development briefs and design guides as supplementary guidance to ensure that new development is appropriate in terms of its use, design and location. Under the Planning etc. (Scotland) Act 2006, supplementary guidance may form part of the development plan, when requirements on consultation and approval have been met.
Model Policies
26. Model policies can achieve greater consistency and reduce unnecessary effort by planning authorities in preparing development plan policies. Planning authorities are encouraged to use the model policies and supporting text outlined in Annex A and incorporate them as far as practicable into forthcoming development plans.
Strategic Environmental Assessment
27. Development plans are subject to strategic environmental assessment ( SEA) in which Historic Scotland, as a consultation authority , is involved. It is unlikely that an SEA will be required for conservation area appraisals and management plans. It is, however, for the Responsible Authority to make that determination on a case-by-case basis.
Development Management
28. Planning authorities should seek to safeguard the historic environment in exercising their development management role.
Pre-application Discussion
29. Planning authorities and developers should ensure that discussions take place at an early stage on development proposals affecting the historic environment. Where significant elements of the historic environment are likely to be affected by development proposals, it is expected that developers will identify all heritage assets directly or indirectly affected, together with an assessment of their significance. They will be expected to take the preservation of this significance explicitly into account in their proposals.
Statutory Consultation
30. Planning authorities are required to seek the views of Historic Scotland on planning applications where these impact on A-listed buildings, scheduled monuments and gardens and designed landscapes. Environmental Impact Assessment ( EIA) is also an integral part of the process of determining planning applications. Historic Scotland is a consultation body under EIA legislation. Further information is available in Circulars 6/1992, 15/1999, 4/2007 and PAN 58 Environment Impact Assessment.
Listed Buildings
31. Once a building is listed, any demolition works, or any works which alter or extend the building in a way which would affect its character as a building of special architectural or historic interest, require listed building consent. It is for the planning authority to:
- consider whether the proposed works will require listed building consent
- notify Scottish Ministers where the planning authority is minded to grant listed building consent in the case of Category A, B and the demolition of C(S) buildings
- determine the application, except where cases are called in by Scottish Ministers for their own determination or where the local authority is the applicant.
32. The primary consideration for planning authorities in the determination of applications for listed building consent is the desirability of preserving the building or its setting, or any features of special architectural or historic interest which it possesses. While there is a presumption against development that adversely affects the character of a listed building or its setting, each case should be judged on its own merits. In general, listing should not prevent sympathetic adaptation and innovative solutions may be appropriate providing the special interest of the building is protected.
33. It may be necessary to allow enabling development if this can be shown to be the only means of retaining a listed building. In such cases, development must be managed carefully and a high quality end product achieved which protects the listed building and its setting and is the minimum necessary to enable its conservation and re-use. The new development should be designed to retain and enhance the special interest, character and setting of the listed building.
34. No listed building should be demolished unless it can be demonstrated beyond reasonable doubt that the building is incapable of further use. Consideration of applications for demolition of a listed building by planning authorities should be based on an understanding of the importance and condition of the building, the impact on adjacent listed buildings, the scope for alternative uses, the adequacy of efforts made to retain the building in use and the extent to which the community would benefit from redevelopment.
35. Further information on handling listed building applications is available in SHEP (tbc).
Conservation Areas
36. In considering applications for planning permission within conservation areas, planning authorities should have regard to the following:
- proposed development that fails to preserve or enhance the character or appearance of the area should be refused planning permission
- proposed development that would have a neutral effect upon the character or appearance of the area ( i.e. does no harm) should be treated as being one which preserves the area's character or appearance
- proposed development that would have negative and positive impacts should be weighed against each other and the proposals considered as a whole.
37. Planning authorities are encouraged to undertake conservation area appraisals which can assist owners and developers in formulating proposals and inform subsequent planning assessment and decision-making. They should also consider the likely impact of development proposals for sites which lie outwith the conservation area but which would impact upon its appearance, character or setting. The advice contained within PAN 71 Conservation Area Management is of particular relevance to this topic.
38. The objectives of conservation area management can for the most part be met through an effective policy framework and the positive use of existing development management and enforcement powers. Where necessary, planning authorities can put in place Article 4 Directions to maximise the protection of an area of historic value. These can help to protect important unifying elements such as original doors, windows and street furniture, thereby protecting the character and appearance of an area. Article 4 Directions should be progressed through local plans/local development plans and may require approval from Scottish Ministers.
39. In considering the demolition of an unlisted building within a conservation area, its contribution to the character and appearance of the area is the key consideration. Applications for demolition should, therefore, be permitted only where this does not erode the character and appearance of the conservation area. The general presumption should be in favour of retaining buildings that make a positive contribution to the conservation area, particularly where it can be demonstrated that the building is able to support a new viable use.
Scheduled Monuments
40. Scheduled monuments are of national importance and they should be preserved in situ and within an appropriate setting. Proposed developments which would have an adverse effect on scheduled monuments or the integrity of their setting should not be permitted unless there are exceptional circumstances. Further information is available in SHEP 2: Scheduling.
Designated Wreck Sites
41. Where planning provisions extend offshore (currently only in respect of marine fish farming out to 3 nautical miles), planning authorities should ensure that development will not adversely affect the integrity and setting of designated wreck sites.
Other Archaeological Sites, Monuments and Areas of Historical Interest
42. Non-designated heritage assets are an important part of Scotland's heritage, providing unique information on Scotland's past and contributing to national identity. Government policy is to protect and preserve these wherever feasible and, as such, they are material considerations in the planning process. Where this proves impossible, planning authorities should ensure that procedures are in place in order that appropriate recording is undertaken before and/or during development.
43. Planning authorities should be aware that local authorities have a number of powers and responsibilities related to archaeological sites, monuments and areas of historic interest within their areas:
- as owners, occupiers or lessees they may have important remains, buildings or sites in their care
- they have powers to acquire ancient monuments and grant-aid the preservation of historic sites or monuments, whether in their care or not
- they can help to preserve and manage historic sites which contribute to the local landscape, amenities and economy
- they have a crucial role in the preparation and maintenance of records and archives as a basis for the above activities; and
- they can ensure that archaeological services are developed for planning, management, recreational and educational purposes.
44. Areas of special historical interest, such as battlefields, views and landscapes, may also be protected under the planning system, for example, through conservation area or landscape designations and included in development plans to inform planning decisions.
45. To support their development management function, planning authorities should ensure that they have access to a Sites and Monuments Record ( SMR) and/or a Historic Environment Record ( HER) that contains necessary information about known historic environment features and finds in their area. The Royal Commission on the Ancient and Historical Monuments of Scotland ( RCAHMS), Historic Scotland and a growing number of local authorities maintain an electronic database, accessible on-line through the PASTMAP portal. This gives access to summary details of information held of c.250,000 archaeological sites, monuments, buildings and marine sites in Scotland. It indicates the location of listed buildings and the extent of scheduled monuments and gardens and designed landscapes, and provides a useful starting point for developers wishing to consider impacts upon the historic environment.
Planning Conditions and Agreements
46. Planning permission may be subject to planning conditions. Circular 4/1998 provides information on the use of planning conditions in planning permissions. In cases of archaeological remains where it is decided that physical preservation in situ is not justified and that development can proceed, the planning authority, before determining the application, should be satisfied that the developer has made appropriate provision for the excavation, recording, analysis, notification and publication of the remains. If unforeseen archaeological discoveries are made during any development, a skilled archaeologist should be given access to inspect and record these features. This situation should be managed through the use of conditions or Section 75 agreements.
Enforcement
47. In positively managing the historic environment, planning authorities are encouraged to use the enforcement powers available to them. Action should be taken at the earliest opportunity to minimise loss within the historic environment.
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