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Summary of Grounds for Objecting to a Planning Proposal

Michael Woodman-Smith
Criteria for Objections to Development in the Conservation Area (Extracts from Planning Guidance Notes from the Secretary of State for the Department of the Environment, Transport and the Regions)

Grounds for Opposition by Local Residents

'The members of the local planning authority are elected to represent the interests of the whole community in planning matters. But when determining planning applications they must take into account any relevant views on planning matters expressed by neighbouring occupiers, local residents and any other third parties along with all other material considerations. However, local opposition or support for a proposal is not in itself a ground for refusing or granting planning permission, unless that opposition or support is founded upon valid planning reasons which can be substantiated'. (PPG1 / 60)

Consultation

'The Secretary of State attaches particular importance to early consultation with the local planning authority on development proposals which would affect historic sites and structures, whether listed buildings, conservation areas, parks and gardens, battlefields or the wider historic landscape. There is likely to be much more scope for refinement and revision of proposals if consultation takes place before intentions become firm and timescales inflexible. Local planning authorities should indicate their readiness to discuss proposals with developers before formal planning applications are submitted. They should expect developers to assess the likely impact of their proposals on the special interest of the site or structure in question, and to provide such written information or drawings as may be required to understand the significance of a site or structure before an application is determined. The principle of early consultation should extend to English Heritage and the national amenity societies on cases where a formal planning or listed building consent application would be notifiable to them by direction or under the GDO'. (PPG 15 2.11)

'Local planning authorities are urged to ensure that they have appropriately qualified specialist advice on any development which, by its character or location, might be held to have an adverse effect on any sites or structures of the historic environment. Authorities should ensure that the Royal Fine Art Commission is consulted on all planning applications raising conservation issues of more than local importance, and should take the RFAC's views fully into account in reaching their decisions' (PPG 15)

Architectural and Historical Analysis of the Local Conservation Area

'The special architectural features of the surrounding buildings need to be analysed and their details reflected in the new proposals. In particular, the design of new buildings in Conservation Areas should consider the height, scale, proportion, and alignment of the surrounding traditional buildings, and have regard to the existing density and patterns of development'. 'In order successfully to integrate new development into the environment, it is necessary to have a knowledge and understanding of its local context, ie the visual and functional characteristics of that area'.

Requirement to preserve or enhance the character of the conservation area

'In the exercise, with respect to any buildings or other land in a conservation area, of any powers under any of the provisions mentioned [Planning Acts and Part I of the Historic Buildings and Ancient Monuments Act 1953] …. special attention shall be paid to the desirability of preserving or enhancing the character or appearance of that area' (Planning (Listed Buildings and Conservation Areas) Act 1990 S72). 'The Courts have recently confirmed that planning decisions in respect of development proposed to be carried out in a conservation area must give a high priority to the objective of preserving or enhancing the character or appearance of the area. If any proposed development would conflict with that objective, there will be a strong presumption against the grant of planning permission, although in exceptional cases the presumption may be overridden in favour of development which is desirable on the ground of some other public interest'. (PPG15 4.19)

As to the precise interpretation of 'preserve or enhance', the Courts have held (South Lakeland DC v Secretary of State for the Environment, [1992] 2 WLR 204) that there is no requirement in the legislation that conservation areas should be protected from all development which does not enhance or positively preserve. Whilst the character and appearance of conservation areas should always be given full weight in planning decisions, the objective of preservation can be achieved either by development which makes a positive contribution to an area's character or appearance, or by development which leaves character and appearance unharmed. (PPG 15 4.20) There is a strong presumption against the grant of planning permission for a development which would conflict with these objectives. The guidance states that development which leaves the character and appearance of an area unharmed has been considered by the courts to preserve that character and appearance. The essential test therefore is to consider if any demonstrable harm would be caused to the character and appearance of the Clifton Conservation Area.

English Heritage Advice Notes

Under the heading 'enhancement' the conservation area practice document gives guidance on the design of new buildings in historic areas.

Design Criteria

The Bristol Local Plan aims to ensure that … 'new buildings within a historic context are well designed, following common sense rules of scale, alignment, massing and proportion, and that they utilise materials appropriate to the locality. It is essential that these new buildings are sensitive and responsive to the character of their locality'. 'Local planning authorities should reject poor designs, particularly where their decisions are supported by clear plan policies or supplementary design guidance which has been subjected to public consultation and adopted by the local planning authority. Poor designs may include those inappropriate to their context, for example those clearly out of scale or incompatible with their surroundings'. (PPG1 (17). Local planning authorities should not attempt to impose a particular architectural taste or style arbitrarily. It is, however, proper to seek to promote or reinforce local distinctiveness particularly where this is supported by clear plan policies or supplementary design guidance. Local planning authorities should not concern themselves with matters of detailed design except where such matters have a significant effect on the character or quality of the area, including neighbouring buildings. Particular weight should be given to the impact of development on existing buildings and on the character of areas recognised for their landscape or townscape value, such as National Parks, Areas of Outstanding Natural Beauty and Conservation Areas. (PPG1 18) 'Many conservation areas include gap sites or buildings that make no positive contribution to, or indeed detract from, the character or appearance of the area; their replacement should be a stimulus to imagination, high quality design, and seen as an opportunity to enhance the area. What is more important is not that new buildings should directly imitate earlier styles, but that they should be designed with respect for their context, as a part of a larger whole which has a well-established character and appearance of its own.' (PPG 4.17)

Sustainable Development

'The Government has committed itself to the concept of sustainable development … Yet the historic environment of England is all-pervasive and it cannot in practice be preserved unchanged. We must ensure that the means are available to identify what is special in the historic environment; to define through the development plan system its capacity for change; and when proposals come forward to assess their impact on the historic environment and give full weight alongside other considerations.' (PPG 15 1.3)

Bristol Local Plan (December 1997)

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