Proposed Main Modifications Schedule

MM205

Category/ Policy No./ Paragraph No.

Section 18.2, Paragraphs 18.2.1, 18.2.3, 18.2.4

Modification

18.2.1: The Historic Environment Record (HER) contains information on around 5,000 archaeological sites and monuments. Prospective developers should contact the Council's Archaeology Team in order to establish whether there is potential archaeological interest at a proposed development site and to determine if there is a need for a field evaluation of this resource prior to the submission of a planning application the type of information about the archaeological resource that will be required to be submitted as part of a planning application.

18.2.3: Central Bedfordshire also has 83 Scheduled Monuments, protected under the terms of the 1979 Ancient Monuments and Archaeological Areas Act. The Council will maintain a presumption against development that will result in harm to or loss of significance of any Scheduled Monument. or itssetting. This includes loss of significance caused by inappropriate development in the setting of a Scheduled Monument. Any development that has the potential to impact upon a Scheduled Monument or its setting will have to demonstrate that the harm or loss is necessary to achieve substantial public benefits which outweigh the harm or loss of significance and will have to comply with paragraphs 132 to 134 of the NPPF.

18.2.4: Non-designated heritage archaeological assets with archaeological interest that are demonstrably of equivalent significance to Scheduled Monuments will be subject to the policy requirements applied to designated heritage assets. Developments that will result in the destruction of non-designated upstanding archaeological remains or archaeological earthworks will not generally be supported.

Justification

For clarity, effectiveness and consistency with national planning policy

MM206

Category/ Policy No./ Paragraph No.

Policy HE1:

Archaeology and Scheduled Monuments

Modification

Policy HE1: Archaeology and Scheduled Monuments

Development proposals that affect known archaeological heritage assets heritage assets with archaeological interest (whether designated or non-designated) or areas which have the potential for heritage assets with archaeological interest must be accompanied by an Archaeological Heritage Statement.

Archaeological Heritage Statements must:

1. Describe the significance of the archaeological heritage assets with archaeological interest that will be affected by the development and if appropriate, consider any contribution made by their setting to that significance; and
2. Assess the level of impact that the development proposals will have on those assets including, where necessary, an assessment of the impact of the development proposals on their setting.

Exceptions will be made where advice from the Council's Archaeological specialists indicates an Archaeological Heritage Statement is not necessary.

Where development proposals will impact upon archaeological heritage assets with archaeological interest, where possible, the Council will seek the preservation of those remains in situ.

Where preservation in situ cannot be achieved, a scheme of archaeological investigation, recording, analysis and publication (i.e. preservation by record) will be required prior to the completion of the development. This scheme will be approved in writing by the Council in advance of development and include provision for the long-term curation of any resulting archive and appropriate publication. This is required in order to record and advance understanding of the significance of any archaeological heritage assets with archaeological interest that will to be lost (wholly or in part) as a consequence of the development.

The Council will support proposals that include provision for the enhancement, conservation and enjoyment of the historic environment by the creation of appropriate management and interpretation schemes. Schemes that will result in a reduction of the number of heritage assets on the Heritage@Risk Heritage at Risk Register will be encouraged.

Development proposals that will result in the total loss of, or which would cause substantial harm to the significance of archaeological heritage assets with archaeological interest or their settings (whether designated or non-designated), will be refused unless it can be demonstrated that the public benefits which the development bring substantially the harm or loss of significance is necessary to achieve substantial public benefits that would outweigh the loss of significance or the harm.

Justification

For clarity, effectiveness and consistency with national planning policy

MM207

Category/ Policy No./ Paragraph No.

Section 18.3, Paragraphs 18.3.1 – 18.3.2

Modification

18.3.1: A particular feature of Central Bedfordshire is the presence of a high number of historic parks and gardens. The 13 Registered parks and gardens within the area include those of exceptional interest and international importance; namely Woburn Abbey, Wrest Park, Silsoe, Old Warden Park (including Swiss Garden), Luton Hoo Park and Southill Park. There are also a number of many undesignated non-designated historic parks and gardens across Central Bedfordshire and these are recorded in the Historic Environment Record. All of these assets parklands makes an important contribution to local distinctiveness both in terms of landscape and historic development of the area. both in the wider landscape and historic significance."

18.3.2: Historic landscapes similarly add interest and variety to the generally farmed countryside. Over 163 historic landscapes and features are protected by other policies or legislation, for instance if they are a Site of Special Scientific Interest (SSSI), However, the complexity of the historic landscape means that there are many sites, features and areas which do not have such a designation but nevertheless should be retained because of their contribution to the wider landscape and our ability to read our heritage.

18.3.2: Applications that affect registered parks and gardens will need to be accompanied by a Historic Park and Gardens Heritage Statement. On some occasions applications that affect non-designated historic parks and gardens will need to be accompanied by a Historic Parks and Gardens Statement. Prospective developers should contact the Council's specialist advisors in order to establish whether a Historic Park and Gardens Heritage Statement should be submitted as part of any planning application.

Justification

For clarity, effectiveness and consistency with national planning policy

MM208

Category/ Policy No./ Paragraph No.

Policy HE2: Historic Parks and Gardens

Modification

Policy HE2: Historic Parks and Gardens

Development proposals that affect Registered Parks and Gardens (or their settings) and known non-designated historic parks and gardens of equivalent significance to Registered Parks and Gardens must be accompanied by a Historic Parks and Gardens Heritage Statement. The Historic Parks and Garden Heritage Statement must:

• Describe the significance of the designed landscape that will be affected by the development and if appropriate, consider any contribution made by its setting to that significance; and
• Assess the level of impact that the development proposals will have on the designed landscape, including, where necessary, consideration of the impact of the development proposals on its setting. the loss of or harm to of any historic features.

Exceptions will be made where advice from the Council's specialist advisors indicates a Historic Parks and Gardens Heritage Statement is not necessary.

The Council will support development proposals that encourage the conservation, enhancement and restoration of the Historic Parks and Gardens (both designated and non-designated). Proposals that will result in a reduction of the number of heritage assets on the Heritage@Risk Heritage at Risk Register will be encouraged. Development proposals that will would degrade the character, and appearance of a Registered Park and Garden, or known non-designated historic park and garden of equivalentsignificance, or which will cause substantial harm to the significance of these assets (including through inappropriate development in their setting), and setting resulting in the loss of significance of Registered Parks and Gardens will be refused unless it can be demonstrated that the harm is necessary to achieve substantial public benefit which development will bring substantially that would outweighs the loss of significance or the harm.

Justification

For clarity, effectiveness and consistency with national planning policy.

MM209

Category/ Policy No./ Paragraph No.

Section 18.5, Paragraphs 18.5.1 – 18.5.2

Modification

18.5.1: When considering applications for Listed Buildings (including for change of use); the proposals for building, repair, renovation, alteration and extension of should not be at the expense of its compromise the building's intrinsic special interest and significance. It is important to guard against unnecessary change or over-restoration or loss. In any change, materials should be sympathetic and appropriate to those used in the original building. In particular The Council will resist applications that result in the loss removal and replacement of traditional local features such as long straw thatched roofs, locally manufactured clay tile and bricks and local stone.

18.5.2: It is demonstrated that the loss will be compensated by substantial public benefits. Substantial harm or loss will only be accepted where it can be clearly demonstrated that the harm or loss is necessary and outweighed by the substantial public benefits in accordance with national policy . In cases where Listed Buildings have become vacant and/or derelict, including as a result of deliberate neglect, there is a presumption in favour of their retention. Consent to demolish will be wholly exceptional and will only allowed if all other options have been thoroughly explored and it is demonstrated that the loss is necessary to deliver substantial public benefits. In exceptional cases where there is no alternative to demolition, the Council will require an appropriate record to be made and the appropriate salvage of materials.

Justification

To improve plan clarity

MM210

Category/ Policy No./ Paragraph No.

Section 18.6 Paragraphs 18.6.5 – 18.6.6

Modification

Insert new paragraphs after Paragraph 18.6.4 as follows:

Non-designated Built Heritage Assets

18.6.5: In addition to the 1,938 Listed Buildings Central Bedfordshire's historic market towns, villages and landscapes contain a significant number of distinctive buildings and structures which are not offered statutory protection. Many of these buildings are recorded on the Historic Environment Record and include; vernacular cottages, farm houses, town houses, artisan houses, barns, onion sheds, model farms, and watermills. These buildings usually have few architectural pretensions and are simple in form and detailing. Their building materials were generally sourced from the locality. The Council recognises the need to conserve and enhance all of these important features, which make up an essential component of the character of the area.

18.6.6: Applications that affect Listed Buildings and Conservation Areas will need to be accompanied by a Built Heritage Statement. On some occasions applications that affect non-designated buildings and structures will need to be accompanied by a Built Heritage Statement. Prospective developers should contact the Council's specialist advisors in order to establish whether a Built Heritage Statement should be submitted as part of any planning application.

Justification

To improve plan clarity and following discussion at the Hearings (requirements of a built-heritage statement)

MM211

Category/ Policy No./ Paragraph No.

Policy HE3: Built Heritage

Modification

Policy HE3: Listed Buildings, Conservation Areas and Built Heritage

Development proposals affectingthat could affect the significance of designated Listed Buildings, Conservations Areas and non-designated heritage assets of local importance and/or their setting will be granted provided they:

• Uphold the key criteria of the NPPF (including having regard to "substantial harm" and "less than substantial harm", para 132 -136) and accord with the relevant sections of the Design Guide for Central Bedfordshire; and
• Where possible, P preserve, sustain and enhance the special character, significance, appearance and/orlocally distinctive special architectural or historic features of interest of the asset/s whether it be a Listed Building, Conservation Area or non-designated building/structure in terms of scale, form, proportion, design, materials and the retention of features in accordance with national planning policy and legislation; and
• Preserve Make a positive contribution to the setting of the asset/s and its historic significance, and include hard and soft landscape proposals, where appropriate, that respect it’s the character and appearance of the heritage asset.
• Are accompanied by a Built Heritage Statement informed by appropriate expertise and describing all the heritage assets (designated and undesignated) that will be affected by the development and include an assessment of the level of impact that the development proposal will have on the asset/s, having regard to the relevant Conservation Area appraisal. Exceptions will be made where advice from the Council by appropriate expertise and describing all the heritage assets (designated and undesignated)
• Where development proposals have the potential to impact on the setting or significance of these assets then a consideration of the effect of the development on that setting must be included in the Built Heritage Statement.
• Developments that will result in a reduction of the number of heritage assets on the Heritage at Risk Register will be encouraged.

Development proposals that affect the significance of any heritage assets must be accompanied by a Built Heritage Statement. The Built Heritage Statement must:

• Describe the significance of the heritage assets that may be affected by the development
• Assess the level of impact that the development proposals will have on those assets, including where necessary an assessment of the impact of the development proposals on their setting; and
• Demonstrate that opportunities to avoid harmful impacts have been explored, and where this is not possible, set out necessary mitigation measures.

Where development proposals will lead to harm to designated or non-designated heritage assets they will be assessed against the relevant criteria in the National Planning Policy Framework, taking into account the scale of harm and the impact on the significance of the heritage asset.

Justification

To improve plan clarity and following discussion at the Hearings (delete NPPF para ref/ revise policy to say Built Heritage statement will be required).