CHAPTER 6 HERITAGE AND DESIGN - Harrogate

- CHAPTER 6 HERITAGE AND DESIGN

CHAPTER 6 HERITAGE AND DESIGN

BACKGROUND

6.1 Human settlement and endeavour have shaped the built environment of the District from before the Roman occupation, leaving a rich heritage of buildings, many of which are of architectural and historic interest. Evidence of Celtic settlement is provided in the river names of Nidd, Wharfe and Crimple. The Romans mined for lead on Greenhow Hill and established the town of Isurium (Aldborough) at the junction of roads from Eburacum (York), Calcaria (Tadcaster), Olicana (Ilkley) and Cataractonium (Catterick). At the end of the Roman period Aldborough fell into disuse and was replaced by Boroughbridge, whose importance as a staging post on the Great North Road lasted until the construction of the bypass in the early 1960’s. Anglian and Scandinavian settlement are evidenced by place names throughout the District, English settlement reaching Ripon in about 500 where, circa 670, St. Wilfrid established his church and monastery. Knaresborough developed predominantly round its castle (first mentioned in 1129 and received its charter in 1310). The first distribution of the Royal Maundy took place in Knaresborough in 1210. In 1132 the Cistercians established their great abbey at Fountains, the ruins of which 600 years later were to become the climax of the 18th century landscaped gardens at Studley Royal. The mining and textile industries of Nidderdale have left their evidence in many surviving buildings, while Masham’s magnificent market place owes its origins to the great sheep fairs which were held there up to the First World War. Harrogate’s development as a spa goes back to the discovery of the Tewit Well by William Slingsby in 1571 and St. John’s Well by Edmund Deane in 1631 but its rapid growth only came after the mid-C19 when the coming of the railways made it accessible, not only from all parts of Britain, but also to continental visitors.

6.2 There are over 130 Ancient Monuments in the District scheduled as being of national importance. The District includes many sites and monuments of county-wide archaeological interest as included in the Sites and Monuments Record of North Yorkshire County Council. The Department of National Heritage has listed approaching 2900 buildings in the District as being of special architectural or historic importance. There are some 50 buildings in the District of exceptional interest (Grade I) and over 100 of more than special interest (Grade II*) with the remainder classified Grade II. The Council has completed its review of the extent and location of conservation areas (areas of architectural or historic interest). There are 52 designated conservation areas in the District. All the larger settlements of the district embrace conservation areas and a number of villages have also been designated as well. Studley Royal and Fountains Abbey is designated as a World Heritage Site by the United Nations Educational, Scientific and Cultural Organisation (UNESCO).

6.3 The wealth of heritage of the District’s towns, villages and countryside form the environment and setting for new development. As guardians of this fine heritage it is important that we apply equal care and vision to the new buildings erected in our era as our ancestors did in their time. The design of new development should both respect this environment and be of the highest standard. Successful new buildings are those that readily integrate into their surroundings, using local materials and applying local building techniques. However, there are always instances where something different is required and the planning system should not stifle innovation and originality. Good design amongst other things reinforces a sense of community, deters crime, saves energy, attracts investment and improves the quality of life.

HARROGATE DISTRICT LOCAL PLAN February 2001Augmented Composite - July 2009 54


POLICY CONTEXT

6.4 The Planning and Compensation Act 1991 requires that all development plans should include policies for the improvement of the physical environment. The Government’s White Paper, 'This Common Inheritance’ sets out the main aims in respect of the physical environment which are “to ensure the continued preservation and enjoyment of our heritage of historic buildings, to ensure that planning decisions respect the environment of towns and cities, to make improvements in the urban environment and civilise traffic in towns”. The Planning (Listed Buildings and Conservation Areas) Act 1990 and the DoE Circular 8/87 represent the main government legislation and policies on the built heritage. PPG15 (Planning and the Historic Environment) sets out advice to local planning authorities on the need to protect historic buildings and areas which are part of our sense of national identity and are valuable for their own sake and for their role in education, leisure and tourism. PPG16 (Archaeology and Planning) indicates that local plans should include policies for the protection, enhancement and preservation of sites of archaeological interest and of their settings.

6.5 The primary legislation relating to design issues is now contained within the Town and Country Planning Act 1990, Planning (Listed Buildings and Conservation Areas) Act 1990 and Planning and Compensation Act 1991.

6.6 The role of design considerations in the planning system is set out in the following government advice, paragraphs 13-20 Annex A, PPG1 (General Policy and Principles), paragraphs 2.11-2.13, PPG7 (The Countryside - Environmental Quality and Economic and Social Development) and Annex C, PPG15 (Planning and the Historic Environment).

6.7 There are numerous important documents which have been produced on design and the quality of the built environment. These include 'Quality in Town and Country’ (DoE July 1994), 'What makes a good building’ (The Royal Fine Arts Commission 1994), 'Time for Design’ (English Partnerships 1995), 'Places, Streets and Movement. A Companion Guide to Design Bulletin 32 Residential Roads and Footpaths’ (DETR 1998), Towards an Urban Renaissance: Final Report of the Urban Task Force’ (Urban Task Force 1999), 'Planning and Design. Achieving good design through the planning process. A best practice note by the Planning Officers Society’ (Planning Officers Society, Local Government Association 1999), 'Housing Layouts - lifting the quality’ (DETR, Planning Officers Society, The House Builders Federation 1998), 'By Design. Urban design in the planning system: towards better practice' (DETR, Commission for Architecture and the Built Environment 2000). These documents illustrate the need for good design and quality of buildings in the countryside, village and town.

6.8 One of the important objectives of the strategy of the approved County Structure Plan is the protection and conservation of the County’s high quality environment. Policies E4 and E5 of the Structure Plan seek to protect buildings and areas of special townscape, architectural or historic interest, and sites of archaeological importance.

6.9 The Council has produced Heritage and Design Strategies and an Environmental Strategy which seek in various ways to conserve the District’s Heritage and promote high standards of design.

6.10 These documents have been an important context for the formulation of policies on heritage and design in this Local Plan.


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OBJECTIVES

6.11 This chapter of the Local Plan aims to conserve the built heritage of the District and encourage high standards of design. The Council’s main objectives for land use policies relating to heritage and design are as follows:

1) TO PROTECT, PRESERVE, RESTORE, AND WHERE APPROPRIATE ENHANCE THOSE MAIN FEATURES OF THE URBAN AND BUILT ENVIRONMENT WHICH CONTRIBUTE TO THE HERITAGE AND CHARACTER OF THE DISTRICT.

2) TO SAFEGUARD SITES OF ARCHAEOLOGICAL AND HISTORIC SIGNIFICANCE.

3) TO ENCOURAGE HIGH STANDARDS OF DESIGN AND QUALITY IN NEW DEVELOPMENT.

4) TO ENCOURAGE THE IMPROVEMENT OF DERELICT, UNATTRACTIVE AND NEGLECTED PARTS OF THE DISTRICT.

ENVIRONMENTAL CONSIDERATIONS

6.12 Those aspects of the environment on which land use plans have an impact were identified during the preparation of this Local Plan (Environment Issues Report, May 1993). Following this, policies were formulated to protect and, where appropriate, enhance such aspects. These are contained within the Environmental section of the Local Plan. The policies of this chapter seek to protect the District’s heritage and secure high standards of design, thus conserving the local environmental quality of the District. This will assist in the implementation of the Friends of the Earth Charter for Local Government which has been adopted by the Council (FoE ref. 154[3], 155[3], 156[1], 156[2], 169, 170, 174.)

POLICIES AND PROPOSALS

STATUTORY LIST OF BUILDINGS OF SPECIAL ARCHITECTURAL OR HISTORIC INTEREST

POLICY HD1 Deleted in 2007, at 'Saved' version. DEVELOPMENT WILL NOT BE PERMITTED WHERE IT WOULD HAVE AN ADVERSE EFFECT ON THE CHARACTER, PHYSICAL FABRIC OR SETTING OF A LISTED BUILDING.

THE TOTAL OR SUBSTANTIAL DEMOLITION OF A LISTED BUILDING WILL BE PERMITTED ONLY IN EXCEPTIONAL CIRCUMSTANCES WHERE IT CAN BE DEMONSTRATED THAT:

A) ALL REASONABLE EFFORTS HAVE BEEN MADE TO RETAIN THE EXISTING USE OR TO FIND COMPATIBLE ALTERNATIVE USES, AND EITHER

B) PRESERVATION IN SOME FORM OF CHARITABLE OR COMMUNITY OWNERSHIP IS NOT POSSIBLE OR SUITABLE, OR

C) REDEVELOPMENT WOULD PRODUCE SUBSTANTIAL BENEFITS FOR THE COMMUNITY AND THE ENVIRONMENT WHICH WOULD DECISIVELY OUTWEIGH THE LOSS RESULTING FROM DEMOLITION.

IN SUCH INSTANCES IT WILL BE A REQUIREMENT THAT A FULL PLANNING CONSENT HAS BEEN GRANTED FOR THE REDEVELOPMENT OF THE SITE AND A BUILDING CONTRACT FOR THE REDEVELOPMENT OF THE SITE HAS BEEN LET.



WHERE A LISTED BUILDING IS LEFT TO DECAY TO THE POINT WHERE IT MAY BE LOST, THE COUNCIL WILL, WHERE APPROPRIATE, USE ITS POWERS TO SECURE THE PRESERVATION OF THE BUILDING.

WHEN CONSIDERING APPLICATIONS FOR ALTERATIONS, EXTENSIONS OR CHANGES OF USE TO LISTED BUILDINGS OR FOR DEVELOPMENT AFFECTING THEIR SETTING, THE OVERRIDING CONSIDERATION WILL BE THE MAINTENANCE OF THE SPECIAL ARCHITECTURAL AND HISTORIC INTEREST OF THE ORIGINAL LISTED BUILDING.

Justification

6.13 The District has approaching 2,900 listed buildings which form an important part of its heritage. The Council has a statutory duty to secure the preservation of buildings listed by the Department of National Heritage under Section 1 of the Planning (Listed Buildings and Conservation Areas) Act 1990 as being of special architectural or historic interest. The control of development affecting listed buildings reflects the advice in PPG15 and amplifies Structure Plan Policy E4. The Council will seek to protect and preserve and restore the District’s listed buildings.

6.14 Whilst the best use for a listed building is normally that for which it was built, economic and social changes may make it redundant for its original use and require that a new use be found that will generate an income to maintain the building. The Council will normally encourage and permit new uses provided that they do not result in unacceptable alterations to the building or are unacceptable in the wider planning context.

6.15 Generally the best way of securing the upkeep of historic buildings is to keep them in active use. The aim should be to identify the optimum viable use that is compatible with the fabric, interior and setting of the historic building. This may not necessarily be the most profitable use if that would entail more destructive alterations than other viable uses. Where a particular compatible use is to be preferred but restoration for that use is unlikely to be economically viable, grant assistance from English Heritage and other sources may be available.

6.16 PPG15 sets out in considerable detail Government policy on listed building control. This is outlined in Sections 2 and 3, and Annexes B and C of PPG15. This Local Plan policy reflects PPG15 guidance and sets out the exceptional circumstances where the total or substantial demolition of a listed building may be permitted. (Paragraphs 3.16-3.19 of PPG15 outline fully Government guidance on demolition of listed buildings.) Paragraphs 2.16 and 2.17 of PPG15 deal with the setting of listed buildings and indicate that often land and buildings some distance away from a listed building can form part of its setting. This is indeed the situation within Harrogate District where listed buildings can form an important visual element in a street scene or the landscape.

6.17 There are various sources of grant aid for the repair of listed buildings. These include:

Knaresborough Heritage Regeneration Scheme (HERS) (HBC, NYCC, EH) [2001-2004]

Ripon Single Regeneration Budget (SRB) Shopfront and Building Facelift Scheme (HBC, YF) [2001-2006]

District Environment Scheme (HBC) [annually reviewed]

Nidderdale AONB Scheme (HBC, NYCC) [annually reviewed]

Historic Buildings and Monuments Grants (Grade I and (EH) [ongoing] II* listed buildings and historic parks/gardens and scheduled ancient monuments)

Joint Grant Scheme for Churches and other (EH, HLF) [ongoing] Places of Worship

N.B. Grant schemes may alter or be discontinued. For the latest position, please contact the Council's Conservation and Design Team.

HBC: Harrogate Borough Council NYCC: North Yorkshire County Council EH: English Heritage YF: Yorkshire Forward HLF: Heritage Lottery Fund (see Glossary for further information)



6.18 If a building is so sensitive that it cannot sustain any alterations to keep it in viable economic use its future may nevertheless be secured by charitable or community ownership, preserved for its own sake for local people and for the visiting public, where possible providing for uses such as meeting rooms etc. The Council has, in conjunction with Parish Councils, undertaken work to identify listed buildings at risk in the District. Based upon the grade of the building and the extent of risk, a number of listed buildings have been identified as priorities for action.

6.19 In the last resort, the Council has powers under Section 47 of the Planning (Listed Buildings & Conservation Areas) Act 1990 to acquire compulsorily listed buildings in need of repair, having previously served a 'repairs notice’ under Section 48, giving the owner the opportunity to carry out the necessary repairs and avoid compulsory acquisition. There are also powers under Section 54 for the Council to carry out emergency repairs to unoccupied listed buildings, having given seven days notice to the owner.

6.20 In addition to the normal requirement to obtain planning permission, more detailed controls apply to listed buildings in that any works which would affect their character as buildings of special architectural or historic interest require listed building consent. This applies to both external and internal works and the display of advertisements, which would otherwise not require express consent, may also require listed building consent. The Council is shortly to produce a guide to the repair, alteration and extension of listed buildings.

6.21 The listed buildings of the District are named in Appendix IV of the Local Plan.

POLICY HD2 deleted

CONTROL OF DEVELOPMENT IN CONSERVATION AREAS

POLICY HD3 DEVELOPMENT WHICH HAS AN ADVERSE EFFECT ON THE CHARACTER OR APPEARANCE OF A CONSERVATION AREA WILL NOT BE PERMITTED AND THIS INCLUDES THE FOLLOWING FORMS OF DEVELOPMENT:-

A) THE DEMOLITION OF NON-LISTED BUILDINGS WHICH MAKE A POSITIVE CONTRIBUTION TO THE CHARACTER OR APPEARANCE OF CONSERVATION AREAS.

B) THE ERECTION OF BUILDINGS OUT OF SCALE WITH THEIR SURROUNDINGS.

C) PROPOSALS INVOLVING THE LOSS OF OPEN SPACE, WHICH CONTRIBUTES TO THE CHARACTER OF THE CONSERVATION AREA.

D) THE COMBINATION OF ADJOINING BUILDINGS TO CREATE LARGE OPEN PLAN OFFICES OR SHOPS.

E) PROPOSALS WHICH WOULD HAVE AN ADVERSE EFFECT ON THE HISTORIC FORM AND LAYOUT OF PASSAGEWAYS AND PLOTS.

APPLICATIONS FOR DEVELOPMENT IN OR VISUALLY AFFECTING CONSERVATION AREAS WILL BE EXPECTED TO CONTAIN SUFFICIENT INFORMATION TO ALLOW A PROPER ASSESSMENT OF THEIR IMPACT ON THE CHARACTER AND APPEARANCE OF THE CONSERVATION AREA TO BE MADE.

WHERE THE LOSS OF A NON-LISTED BUILDING IS ACCEPTABLE IN PRINCIPLE, CONDITIONS WILL BE ATTACHED TO THE GRANT OF CONSENT FOR DEMOLITION TO ENSURE THAT NO DEMOLITION SHALL TAKE PLACE UNTIL A CONTRACT FOR THE CARRYING OUT OF WORKS OF REDEVELOPMENT HAS BEEN MADE AND PLANNING PERMISSION FOR THOSE WORKS HAS BEEN GRANTED.

Justification

6.22 Designation of a conservation area provides a clear commitment to preserve and enhance it as an area of special architectural or historic interest. It also confers control over demolition, strengthens control over minor development and protects trees. Section 4 of PPG15 summarises the legislation and regulations relevant to conservation areas.



6.23 The Council completed a review of its conservation areas in 1995. There are now 52 conservation areas in Harrogate District (see Appendix V) and these are shown on the Proposals Map. Each has a conservation area statement which is an assessment of the area’s special interest, character and appearance. In determining planning applications within conservation areas and applications for conservation area consent, the Council will give considerable weight to the content of these statements. The consideration of proposals in the context of the description contained in these statements will be an important factor in deciding whether a proposal has an adverse effect on the character and appearance of the conservation area, and therefore, whether it is contrary to this Local Plan policy. Edited versions of these statements are available in leaflet form from the Planning Division, Department of Technical Services, Knapping Mount, West Grove Road, Harrogate HG1 2AE. (Tel. 01423 500600).

6.24 Paragraph 4.14 of PPG15 indicates that development proposals which are outside the conservation area but would affect its setting or views into or out of the area should also be a material consideration in preserving and enhancing its character or appearance. Development proposals outside conservation areas which affect these areas in this way come under the scope of this policy.

6.25 This policy, in amplifying the provisions of Structure Plan Policy E4, provides general principles for the control of development in conservation areas. The overriding concern for their preservation and enhancement means that development proposals require particularly careful examination.

6.26 Applications for development affecting conservation areas will be expected to contain sufficient information to allow a proper assessment to be made of their impact on the character and appearance of the conservation area. Accordingly proposals should take into account the information contained in the relevant conservation area statement together with the following:

i) the scale and proportion of existing buildings and structures, building lines and heights in the area;

ii) the design and quality of new buildings and extensions;

iii) existing floorscape and street furniture;

iv) land-forms and natural features;

v) opportunities to improve the character and appearance of the conservation area;

vi) the use of vacant floors and buildings.

6.27 The General Development Order requires the submission of planning applications for certain types of development in conservation areas which are elsewhere classified as permitted development. These include various types of cladding; the insertion of dormer windows into roof slopes; the erection of satellite dishes on walls, roofs or chimneys fronting a highway; and the installation of radio masts, and antennae. The size of house and industrial extensions that may be carried out without specific planning permission is also more restricted. Nevertheless, minor alterations to dwelling houses which may still be carried out as permitted development under the General Development Order (e.g. the replacement of doors and windows in unsuitable designs and materials) can, in aggregate, severely compromise the character of conservation areas. Local planning authorities are now empowered to make Article 4 Directions restricting such 'permitted development' in conservation areas without requiring the approval of the Secretary of State, provided there has been adequate consultation with those likely to be affected. The Council intends, as appropriate, to carry out surveys of its conservation areas to determine whether the making of any Article 4 Directions would be desirable.

6.28 In considering proposals for demolition in a conservation area, account should be taken of the part played by the building in the architectural and historic interest of the area and, in particular, the wider effects of demolition on the building's surroundings and on the conservation area as a whole.



6.29 Consent will not normally be given for the demolition of buildings which make a positive contribution to the character of or appearance of conservation areas. In less clear cut cases - for instance, where a building makes little or no contribution - the Council will normally require full information about what is proposed for the site after demolition. Consent for demolition will not be given unless there are acceptable and detailed plans for redevelopment. Demolition of part of a building would fall within the scope of conservation area control. It will often be appropriate to impose, on granting consent for demolition a condition to provide that demolition shall not take place until a contract for the carrying out of works of redevelopment has been entered into and planning permission for those works has been granted.

6.30 Much of the character of the District's conservation areas is derived from their historic layout of plots, streets, yards and passages which has produced a distinctive 'grain'. From this pattern of narrow building plots, the characteristic intimate scale of development has emerged. Loss of this distinctive pattern of development would detract from the character of these conservation areas. Knaresborough, Ripon, Boroughbridge, Pateley Bridge and Masham are settlements which include many of these areas of such historic features. Unless there are significant and overriding economic, shopping or physical considerations which override the protection of these plots, yards and passageways then development should take place within their general framework and thoroughfares should remain open.

6.31 As required by Section 69 of the Planning (Listed Buildings and Conservation Areas) Act 1990, the Council will keep its conservation areas under review. In designating new conservation areas and reviewing existing conservation area boundaries, the following aspects will be taken into account: historical significance, setting, layout, spatial qualities, townscape, architectural significance and landscape. Section 71 of the Act also requires the local planning authority to formulate proposals for the preservation and enhancement of its conservation areas, to submit them to a public meeting and to have regard to the views expressed.

6.32 Within conservation areas there may be elements that detract from the character and appearance of the area, e.g. obtrusive wires, cables, telegraph poles, dereliction and poor quality street furniture/paving. Policies to enhance these elements are contained in the conservation area statements and this Local Plan, e.g. Policy HD11, Townscape and Environmental Improvement.

6.33 Grants may be available under the following schemes to assist enhancement works in conservation areas:

Knaresborough Heritage Regeneration Scheme (HERS) (HBC, NYCC, EH) [2001-2004]

Ripon Single Regeneration Budget (SRB) Shopfront and Building Facelift Scheme (HBC, YF) [2001-2006]

District Environment Scheme (HBC) [annually reviewed ]

Nidderdale AONB Scheme (HBC, NYCC) [annually reviewed]

N.B.Grant schemes may alter or be discontinued. For the latest position, please contact the Council's Conservation and Design Team.

HBC: Harrogate Borough Council NYCC: North Yorkshire County Council EH: English Heritage YF: Yorkshire Forward (see Glossary for further information)


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DEVELOPMENT AFFECTING ARCHAEOLOGICAL SITES

POLICY HD4 Deleted in 2007, at 'Saved' version. PERMISSION FOR DEVELOPMENT ON, OR ADJACENT TO, SCHEDULED ANCIENT MONUMENTS AND OTHER SITES OF ARCHAEOLOGICAL IMPORTANCE WILL NOT BE PERMITTED WHERE IT IS CONSIDERED THAT THE DEVELOPMENT WOULD HAVE AN ADVERSE EFFECT EITHER ON THE SITE OR, WHERE RELEVANT, THE SETTING OF IMPORTANT ARCHAEOLOGICAL REMAINS. ARCHAEOLOGICAL SITES OF NATIONAL IMPORTANCE, INCLUDING SCHEDULED ANCIENT MONUMENTS, WILL BE GIVEN THE STRICTEST PROTECTION.

WHERE DEVELOPMENT COULD AFFECT REMAINS OF ARCHAEOLOGICAL IMPORTANCE AN ARCHAEOLOGICAL EVALUATION MAY BE REQUIRED PRIOR TO THE DETERMINATION OF A PLANNING APPLICATION.

Justification

6.34 This policy is intended to amplify Structure Plan Policy E5 and attempts to ensure that important sites of archaeological interest are retained in accordance with the overall approach of the County Structure Plan. In formulating this policy the Council has taken into account PPG16 and the English Heritage advice note 'Development Plan Policies for Archaeology’. Archaeological remains are a finite, non-renewable resource, often highly fragile and vulnerable to damage and destruction. Archaeological remains are part of the area’s culture and heritage and are valuable both for their own sake and for their role in education, leisure and tourism.

6.35 Sites of archaeological importance include Scheduled Ancient Monuments, (scheduled by the Secretary of State for National Heritage) or other sites identified by the County Archaeologist and included in the County Council’s Sites and Monuments Record. Scheduled Ancient Monuments are marked on the Proposals Map. The expertise of North Yorkshire County Council, English Heritage and the Yorkshire Archaeological Society will be sought when applications affect sites of archaeological importance. Developers should, when assessing the development potential of a site, make an initial assessment of whether the building or site is likely to contain archaeological remains. This assessment should be made prior to submitting a planning application. For further information on these and other sites of archaeological importance developers should contact the Archaeological Officer based within the Planning Section of the Environmental Services Directorate of North Yorkshire County Council (Tel. 01609 780780). Developers should make contact with the County Council regarding possible archaeological interest prior to any application, but attention is drawn to the following areas where archaeology is most likely to be an important consideration:

Ripon Boroughbridge/Aldborough area A1 corridor Knaresborough

6.36 Where the implications of development proposals cannot be satisfactorily determined due to lack of information, and there is good reason to believe that important archaeological remains may exist, PPG16 advises the Council that it is entitled to require the developer to arrange for a professional archaeological field evaluation to be carried out before any planning decision is taken. Such evaluation is normally a rapid and inexpensive operation, usually involving documentary search survey and small-scale trial trenching. This work should be carried out by a suitably qualified archaeological organisation or archaeologist. It is considered reasonable to expect developers to provide such information as part of their application. Such an evaluation should determine whether:

i) the remains merit preservation in situ;

ii) the remains merit preservation by record; or

iii) no further action is necessary.

Planning permission will not be granted without adequate assessment of the nature, extent and significance of the remains present and the degree to which the proposed development is likely to affect them.


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6.37 PPG16 states that preservation in situ of important archaeological remains by careful design, layout and siting of new development is nearly always preferred.

6.38 Even if planning permission is granted on a Scheduled Ancient Monument, the applicant is still required to apply for Scheduled Monument Consent from the Secretary of State for the Environment, Transport and the Regions. This procedure is separate from the need to apply for planning permission. In practice it may be advisable for applicants to seek such consent before submitting a planning application as, in accordance with the General Development Procedure Order 1995, the Planning Authority must consult English Heritage prior to granting planning permission.

6.39 As well as being unearthed by new development on open land, archaeological remains may be found in smaller scale developments such as extensions, upper floor refurbishment, under-pinning and re-fronting of buildings in historic towns and villages.

6.40 In considering applications for planning permission affecting Archaeological sites, the Council will balance the need for a development against the relative importance of the site. Scheduled Ancient Monuments are of national importance and will be given the strictest protection.

ARCHAEOLOGICAL INVESTIGATION

POLICY HD5 Deleted in 2007, at 'Saved' version. WHERE EXCEPTIONALLY DEVELOPMENT IS PERMITTED ON SITES OF ARCHAEOLOGICAL IMPORTANCE AND PRESERVATION IN SITU IS NOT POSSIBLE, ANY EFFECT ON ARCHAEOLOGICAL INTEREST WILL BE EXPECTED TO BE MINIMISED. PERMISSIONS FOR DEVELOPMENT PROPOSALS ON SITES OF ARCHAEOLOGICAL INTEREST MAY BE THE SUBJECT OF CONDITIONS, OR A SECTION 106 LEGAL AGREEMENT, WHICH WILL PROVIDE FOR ARCHAEOLOGICAL INVESTIGATION TO TAKE PLACE PRIOR TO, OR DURING, DEVELOPMENT IN ACCORDANCE WITH A SCHEME OF WORKS PREVIOUSLY SUBMITTED BY THE APPLICANT AND AGREED BY THE LOCAL PLANNING AUTHORITY.

Justification

6.41 Where, exceptionally, development on sites of archaeological importance is accepted, proposals must ensure minimum disturbance to the archaeological interest (preservation 'in situ’ of important architectural remains should always be sought).

6.42 This policy is intended to ensure that, in appropriate circumstances, adequate investigation takes place prior to or during the development so that archaeological information important to the interpretation of local culture and history can be recorded. Following consultation with the County Council, the Council may specify to the applicant a period of time and appropriate resources to enable site excavation and recording of information.

6.43 The Council will encourage projects which enhance and interpret sites of archaeological interest and importance and their setting. The interpretation and environmental improvement of archaeological sites will ensure their continued contribution to the area’s local heritage, and their role as important educational, recreational, and tourism resources.

HISTORIC BATTLEFIELD SITES

POLICY HD6 DEVELOPMENT AFFECTING HISTORIC BATTLEFIELD SITES, AS IDENTIFIED ON THE PROPOSALS MAP, WILL ONLY BE PERMITTED WHERE THE PROPOSAL:

A) DOES NOT ADVERSELY AFFECT THE HISTORIC, ARCHAEOLOGICAL AND LANDSCAPE INTEREST OF THE SITE; AND

B) DOES NOT PREJUDICE ANY POTENTIAL FOR INTERPRETATION OF THE SITE.



Justification

6.44 English Heritage has published a Register of Historic Battlefields for the country (June 1995). Three of the battlefields contained in the Register lie within Harrogate District, namely Marston Moor (1644), Boroughbridge (1322) and Myton-on-Swale (1319). The latter site lies partly within Hambleton District. This policy is intended to protect the historic interest of these sites.

6.45 The Council will encourage appropriate interpretation of these sites through its tourism and local planning authority responsibilities. Opportunities for on site interpretation will need to be carefully considered, taking into account visual impact, car parking, and traffic generation. The settlements of Boroughbridge, Aldborough, Tockwith and Long Marston are nearby or within the battlefield sites. Assessment of impact would be carried out in accordance with national guidelines and would include consideration of direct physical damage and disturbance which reduces the value of the site as a historic record, severance from linked features and increased noise or visual intrusion as well as changes to the landscape setting or loss of amenity.

WORLD HERITAGE SITE

POLICY HD7 DEVELOPMENT WITHIN THE WORLD HERITAGE SITE OF STUDLEY ROYAL PARK AND FOUNTAINS ABBEY WILL ONLY BE PERMITTED IN VERY EXCEPTIONAL CIRCUMSTANCES WHERE THERE IS NO ADVERSE EFFECT ON THE CULTURAL, NATURAL AND MAN MADE INTEREST WHICH LED TO THE SITE’S DESIGNATION AND EITHER:

A) IT IS REQUIRED TO ENHANCE THE INTERPRETATION OF THE SITE’S CULTURAL, NATURAL AND MAN-MADE INTEREST FOR VISITORS; OR

B) IT IS ESSENTIAL FOR THE MANAGEMENT OF THE SITE OR OF VISITORS TO THE SITE.

THE COUNCIL WILL ENCOURAGE APPROPRIATE CONSERVATION AND RESTORATION MEASURES.

THE SETTING AND VIEWS OF THE SITE ARE PROTECTED BY POLICIES C2 AND HD7A OF THIS PLAN AND WILL BE AFFORDED THE STRICTEST PROTECTION.

Justification

6.46 On 1 January 1987 Studley Royal and the ruins of Fountains Abbey was designated a World Heritage Site. These sites are located in the 100 countries which, through the United Nations Educational Scientific and Cultural Organisation (UNESCO), have signed the 'Convention concerning the Protection of World Cultural and Natural Heritage’. The list of World Heritage Sites consists of natural and man made sites and monuments which are considered to be of such exceptional interest that protecting them is of international importance. The World Heritage list includes such places as Durham Cathedral and Castle, the Taj Mahal, India and the Serengeti National Park, Tanzania.

6.47 The Department of the Environment submission to UNESCO included the following justification for including the site in the World Heritage list:-

“The abbey is an outstanding example of early Cistercian work and one of the most complete to survive from the period. The subsequent landscaping has provided the ideal setting, while the chapel is an uniquely complete example of the work of a leading Victorian architect and of the High Victorian style of architecture.”

6.48 As such this site and its environs must be afforded the strictest of protection from development which could be harmful to its cultural, natural and man made interest. The very nature and importance of this site means that it is likely to continue to be under considerable pressure from visitors. The site attracts in excess of 400,000 visitors a year. This may from time to time require the provision of facilities to improve the interpretation of the site’s interest or to manage the pressures from visitors within the site. Access for the elderly and disabled must continue together with rights of way through the parkland for the general public. (See Policy R11 of this Plan)



6.49 The National Trust, assisted by the Countryside Agency and English Heritage is undertaking an ambitious programme of conservation and restoration. The National Trust has established the Estate as a sustainable centre of excellence. It needs to generate income to finance not only the programme of conservation and renovation but also the staffing of the facilities provided for visitors.

PARKS AND GARDENS OF HISTORIC INTEREST

POLICY HD7A DEVELOPMENT WILL NOT BE PERMITTED WHERE IT WOULD ADVERSELY AFFECT THE CHARACTER OR SETTING OF PARKS AND GARDENS INCLUDED IN THE ENGLISH HERITAGE REGISTER OF PARKS AND GARDENS OF SPECIAL HISTORIC INTEREST.

Justification

6.50 Harrogate District contains many parks and gardens of visual and historic interest. They tend to be characterised by formally designed groupings of both architectural and natural landscape elements and high levels of management. They add variety to the landscape and form an important part of the District’s heritage.

6.51 Those parks and gardens of national importance are listed in the Register of Parks and Gardens of Special Historic Interest in England which is compiled by English Heritage. “Registered parks and gardens” are marked on the Proposals Map and listed in Appendix II. English Heritage is reviewing the Register for North Yorkshire and others may be added.

6.52 PPG15 advises that local planning authorities should protect registered parks and gardens and states that the effect of proposed development on a registered park or garden or its setting is a material consideration in the determination of a planning application.

6.53 Although registered parks and gardens of special historic interest may make a significant visual or landscape contribution, this policy protects their historic interest. Their visual or landscape interest is covered by Policy C2.

6.54 Other parks and gardens have been identified from the Harrogate District Landscape Appraisal and other survey works. Whilst not registered, these parks and gardens provide a significant contribution to the landscape of the District and their visual or landscape interest is therefore covered by Policy C2.

6.55 The Council will work with landowners, English Heritage and other bodies to actively conserve those parks and gardens of national importance, restoring them where possible to historical accuracy, and removing features that are alien to the original design.

SPA WATERS OF THE DISTRICT

POLICY HD8 DEVELOPMENT WHICH WOULD PREJUDICE THE USE OF THE DISTRICT’S SPA WATERS WILL NOT BE PERMITTED.

DEVELOPMENT INVOLVING EXTRACTION AND PRODUCTION OF THE DISTRICT’S SPA WATERS WILL BE PERMITTED PROVIDED:

A) THERE IS NO ADVERSE EFFECT ON THE ENVIRONMENT.

B) THE PROPOSAL CONFORMS TO POLICY A1 OF THIS LOCAL PLAN.

Justification

6.56 The recorded history of the mineral springs in the town of Harrogate dates back some four hundred years. In 1571 the Tewit Well in High Harrogate was found to have medicinal qualities. This, along with other chalybeate (iron laden) springs found in this area, started to attract visitors



to the town. Harrogate’s heyday as a spa town came in the years before the First World War when European royalty were frequent visitors to the town. The spa recovered some of its vitality in the 1920’s and 1930’s but the practice of 'taking the waters’ fell into decline and Harrogate never recovered its pre-war eminence.

6.57 The Council is currently seeking to re-establish the town’s spa waters as a branded product of bottled water advertising the Harrogate area. Water below Harlow Hill has been identified as a suitable source for bottling.

6.58 Ripon too, established itself on a more modest scale as a health spa resort during the early part of this century.

6.59 The policy seeks to ensure that development does not prejudice the future use of the District’s spa waters, in view of their importance in heritage terms. Furthermore, their extraction and production is encouraged, always provided there are no overriding planning problems.

BUILDING PROTECTION - HARROGATE

POLICY HD9 IN ADDITION TO ITS GENERAL POWER TO CONTROL THE DEMOLITION OF BUILDINGS IN THE CONSERVATION AREA, THE COUNCIL WILL SEEK TO PROTECT THOSE BUILDINGS, AND GROUPS OF BUILDINGS AS SHOWN ON THE HARROGATE TOWN CENTRE INSET PROPOSALS MAP, BECAUSE OF THEIR POSITIVE CONTRIBUTION TO THE LOCAL TOWNSCAPE AND STREET-SCENE.

PROPOSALS WHICH INVOLVE THE DEMOLITION OF BUILDINGS THUS IDENTIFIED WILL NOT BE PERMITTED AND, IN THE CASE OF REFURBISHMENT, THE WHOLE STRUCTURE (AND NOT JUST THE FACADE) SHOULD BE RETAINED.

Justification

6.60 This policy seeks to ensure that the existing built fabric of the town, which has a distinctive and attractive appearance, is not affected by major physical changes and is intended to provide an additional measure of protection over and above that conferred by Policy HD3.

6.61 This policy was included as part of the Harrogate and Knaresborough Local Plan (adopted December 1992) and prior to that the Harrogate Town Plan (1984). Following the changes made to the Harrogate Conservation Area boundary in 1995, a review was undertaken of the buildings to be covered by this policy. These buildings are considered visually essential to the distinctive townscape of Harrogate town centre. Further, there is often a wealth of architectural detail and decoration to be found on such buildings which should be protected and respected in any development proposals.

6.62 All the identified buildings, and groups of buildings, are within the Harrogate Conservation Area. Some are also listed buildings. As such, the Council is able to exercise control over demolition.

STRAY FRONTAGE - HARROGATE

POLICY HD10 THE CHANGE OF USE OF RESIDENTIAL PROPERTIES FRONTING THE STRAY, AS SHOWN ON THE PROPOSALS MAP, WILL NOT BE PERMITTED.

Justification

6.63 The Stray frontage’s visually attractive qualities are largely due to it being substantially in residential use and free from the commercial pressures of physical change, advertising and the like. Furthermore, the area provides useful housing close to the town centre and its facilities, which should be retained for this purpose in accordance with Policy H2 of this Local Plan.



TOWNSCAPE AND ENVIRONMENTAL IMPROVEMENT

POLICY HD11 THE FOLLOWING AREAS ARE IDENTIFIED ON THE PROPOSALS MAP AS TOWNSCAPE AND ENVIRONMENTAL IMPROVEMENT AREAS. WITHIN THESE AREAS PRIORITY WILL BE GIVEN TO THEIR VISUAL IMPROVEMENT THROUGH REFURBISHMENT OR REDEVELOPMENT OR ENVIRONMENTAL WORKS AS APPROPRIATE.

HARROGATE a CHELTENHAM PARADE/CRESCENT b COMMERCIAL STREET c COPTHALL TOWER COMPLEX, STATION PARADE d GAS HOLDER, SKIPTON ROAD/RIPON ROAD e KINGS ROAD/CHELTENHAM CRESCENT/UNION STREET f MONTPELLIER SQUARE g NORTH OF EASTVILLE TERRACE, RIPON ROAD h ROYAL BATHS/WESTERN BLOCK i SPRINGFIELD AVENUE j STATION PARADE k STARBECK HIGH STREET l VICTORIA AVENUE/LIBRARY m YORK PLACE/PRINCE OF WALES MANSIONS

KNARESBOROUGH n BACK PARK PLACE o BOWLING GREEN YARD p HIGH STREET q ABOVE RAILWAY TUNNEL, OFF HIGH STREET

RIPON r EAST OF MARKET PLACE s HUTTON BANK t KIRKGATE/BEDERN BANK/SKELLGARTHS u MARKET PLACE/WATER SKELLGATE v NORTH OF KIRKGATE w NORTH OF QUARRY MOOR, HARROGATE ROAD x NORTH ROAD/PRINCESS ROAD/MAGDALENS ROAD y WESTGATE/HIGH SKELLGATE/SOMERSET ROW/FIRBY LANE z WEST OF MARKET PLACE

Justification

6.64 Whilst the quality of the townscape and environment in and around the District’s settlements is generally of a high quality, there are a number of areas and sites which present very little merit in townscape terms or, indeed, detract from the general quality of the local environment. It is therefore proposed that such areas could be subject to change with a consequent improvement in their character and appearance and quality in addition to any economic benefits realised. A brief description of the preferred improvements in respect of each site is given below:

HARROGATE

a CHELTENHAM PARADE/CRESCENT • Further refurbishment of properties with possible re-fenestration of Town Centre House is

preferred here. (No. 4 Cheltenham Crescent has been comprehensively refurbished and Nos. 3-15 Cheltenham Parade have been partially refurbished and the majority are now occupied.)

b COMMERCIAL STREET • The selective redevelopment and/or refurbishment of properties on the western side and at the

northern end of the eastern side is encouraged in this area.



c COPTHALL TOWER COMPLEX, STATION PARADE • Copthall Tower is widely considered to detract from the special character of Harrogate.

However, whilst its replacement with a high quality designed building would be beneficial, the building provides useful office space and replacement is not likely to be commercially viable. The Station Bridge block of the Copthall Tower complex has been refaced and a scheme for refacing the tower itself has been approved. The block facing Station Parade and the station buildings themselves would benefit from upgrading.

d GAS HOLDER, JUNCTION OF SKIPTON ROAD/RIPON ROAD • The removal or visual improvement of the remaining gas holder would be an environmental

benefit. Discussions should take place with Transco to secure visual improvements or removal of the gas holder.

e KINGS ROAD/CHELTENHAM CRESCENT/UNION STREET • The redevelopment or refurbishment of the Spa buildings fronting Kings Road/Cheltenham

Crescent and properties to the south is preferred in this location. The redevelopment site should include Union Street car park. (See also Proposals T10c and S6c)

f MONTPELLIER SQUARE • Redevelopment of the open site and refurbishment of the surrounding buildings is

encouraged here.

g NORTH OF EASTVILLE TERRACE, RIPON ROAD • This site lies within the Special Landscape Area to the north of Harrogate yet it currently

detracts from the general quality of the local environment and the approach to the town on the A61. Discussions with the owner should take place to secure visual improvements to the land.

h ROYAL BATHS/WESTERN BLOCK • The Council has entered into a partnership with a developer to refurbish and seek new tenants

for the Royal Baths. The Council has prepared a development brief for the redevelopment of the Western Block in a manner which will complement the Royal Baths. A variety of possible uses is envisaged.

i SPRINGFIELD AVENUE • The redevelopment of the former Majestic Hotel Garage site should seek to improve the

environment of this area.

j STATION PARADE • The redevelopment of the former bus station and railway station (part) is being sought to

provide bus station, shopping development, refurbished railway station, car parking and toilets. Shopping development should integrate with pedestrian bridge links from East Parade (Victoria) car park to the Victoria Centre. The length of the Station Parade facade should relate carefully to the massing, materials and details of the built form opposite. (See also Proposals S6b, T19, CF3c)

k STARBECK HIGH STREET • A number of improvements have recently been made to the High Street including the provision

of street furniture. Some further enhancement through 'block’ improvements of buildings would assist in the upgrading of the area.

l VICTORIA AVENUE/LIBRARY • The development of this small site to the east of the library in the style and character of the

library is encouraged.

m YORK PLACE/PRINCE OF WALES MANSIONS • Infill development on open frontage to the east of the Mansions is encouraged in order to

screen the rear car park from the Stray.



KNARESBOROUGH

n BACK PARK PLACE • Floorscape and environmental enhancements are proposed for this area.

o BOWLING GREEN YARD • The appearance of the Bowling Green Yard detracts from Kirkgate. The buildings should be

refurbished and screen walls provided to the car park.

p HIGH STREET • Area in need of regeneration to be achieved mainly through refurbishment, improvements to

shopfronts, advertisements and redecoration, although redevelopment would be acceptable at No 69 High Street.

q ABOVE RAILWAY TUNNEL, OFF HIGH STREET • This prominent land above the tunnel to the north of the High Street is of rather

poor appearance and requires landscape enhancement.

RIPON

r EAST OF MARKET PLACE • Apart from the possibility of decked car parking, new buildings of appropriate layout and

design should be confined to the area between Market Place and a line between the rear of Morrisons Supermarket and Victoria Grove. To the east of this line car parking will be the primary use within an attractive landscaped setting. A primary objective should be the provision of satisfactory servicing and access roads which would link all the car parking areas together with a network of pedestrian routes linking Market Place and other shopping streets, the bus station, car parks and cathedral. (See also Proposals S6e, T10e, T19, CF3f, CF4).

s HUTTON BANK • The removal of the railway bridge pier and landscaping of the site would improve the

environment of this area. A redeveloped petrol filling station may allow such improvements to be achieved. Such a redevelopment should not extend significantly beyond the boundaries of the existing site.

t KIRKGATE/BEDERN BANK/SKELLGARTHS • The refurbishment of existing properties is to be encouraged together with the general

upgrading of land within the core, and suitable screening and boundary treatment of the Skellgarths. Further, the existing passageway between Skellgarths and Kirkgate should be upgraded and landscaped.

u MARKET PLACE/WATER SKELLGATE • Development should be limited to small scale infill and refurbishment of a sympathetic form

which takes account of the generally unsatisfactory scale and appearance of the rear extensions to buildings fronting onto the Market Place. The Water Skellgate frontage enclosing the block to the south lacks urban continuity and here again there is an opportunity for sensitive infilling.

v NORTH OF KIRKGATE • Rehabilitation and refurbishment of derelict land and buildings, including the provision of

satisfactory access arrangements, pedestrian routes and landscaping as part of a scheme to reorder this backland space. Provision should be made for linking this area with an improved footpath route eastwards to join up with the main walkway in the vicinity of the former Magistrates Court.



w NORTH OF QUARRY MOOR, HARROGATE ROAD • Deep water pond and cliff face to the west of the site poses a safety risk. Works to the deep

water pond should take place along with the enhancement of nature conservation, tree planting and frontage improvements. Approval has been granted for the disposal of waste and subsequent landscape treatment of the site. If implemented this proposal will improve the visual amenity and safety aspects of this site.

x NORTH ROAD/PRINCESS ROAD/MAGDALENS ROAD • Appropriate relocation of the Auction Mart is encouraged and a comprehensive approach to the

area is preferred. Ground conditions are a significant constraint to any development proposed in this area and any planning application will need to be accompanied by suitable borehole information and, if necessary, an engineer's report on appropriate remedial measures to overcome any identified ground instability.

y WESTGATE, HIGH SKELLGATE/SOMERSET ROW/FIRBY LANE • Some improvements to the hospital car parking and the environment in this area have been

made. Further improvements to the environment and pedestrian routes should take place. The County Council is considering the construction of a new road which would link the junction of Park Street and Westgate with Somerset Row. Careful consideration of the alignment and design of such a road would be required to reduce its potential impact on the environment.

z WEST OF MARKET PLACE • Redevelopment and refurbishment of this area requires a careful and sensitive approach in

accordance with the development brief - West of Market Place, Ripon (October 1992). (See also Proposals S6f, T5b, T10f, CF3g).

AMENITY OPEN SPACE

POLICY HD12 WITHIN SETTLEMENTS (AS DEFINED BY DEVELOPMENT LIMITS AND THEIR MAIN BUILT UP CONFINES) OPEN SITES WHICH MAKE A SIGNIFICANT CONTRIBUTION TO THE VISUAL AMENITY AND CHARACTER OF THE SETTLEMENT WILL BE PROTECTED FROM DEVELOPMENT WHICH WOULD LEAD TO THE LOSS OF AMENITY OPEN SPACE, HARM TO THE VISUAL AMENITY OR CHARACTER OF THE AREA, OR HARM TO THE VALUE OF THE OPEN SPACE FOR PASSIVE RECREATION.

SMALL SCALE DEVELOPMENTS WHICH ARE RELATED TO THE FUNCTION OF THE OPEN SPACE WILL BE ALLOWED IF THEY CANNOT BE LOCATED ELSEWHERE.

Justification

6.65 Open spaces within the settlements of the District can perform an important visual amenity function. They often contribute to the character of towns and villages by providing an important and attractive break in the built-up area or by providing views beyond the immediate streetscene - perhaps into the countryside. These open spaces include village greens, churchyards, grounds of halls/country houses, paddocks, woodlands, parks etc. Where these open spaces make a significant contribution to the character of a settlement they will be protected as amenity open space. Amenity open space may or may not have public access. In the villages many amenity open spaces are agricultural land with no public access. The villages of Bishop Monkton, Darley and Littlethorpe are examples where agricultural land between their built-up parts contribute to the character of the settlement. In particular at Littlethorpe, the presence of fields, leading out into open countryside, is fundamental to the village’s character of having a loosely framed structure integrated into its rural surrounds.



6.66 The Council seeks to protect open space for both amenity value (as covered by this policy) and recreational value. Policy R1 protects open space for its active recreational use and such open space includes playing fields and casual play areas for kickabout purposes. Open space protected by this policy (HD12), as well as having amenity value is also important for more passive recreation e.g. walking and sitting out. The Proposals Map will only show the notation for one of these types of open space - that which is considered to be its primary function or use. For instance, the Stray in Harrogate makes a particularly important and well recognised contribution to the character of the town and is most commonly used for passive recreation. It is therefore marked on the Proposals Map as amenity open space. There are also large areas of the Stray which are used as sports pitches and these will be protected by Policy R1 as well as this policy. Furthermore, as stated in paragraph 7.12 of the justification to Policy R1, open space shown on the Proposals Map as protected for active recreation will often make a significant contribution to the character of the area. Under these circumstances they will also be protected as amenity open space under the provisions of this policy.

6.67 Where appropriate amenity open space has been marked on the Proposals Map. However there are many others which have not been shown. For instance, the amenity open spaces of settlements like Littlethorpe have not been shown, because they were not the subject of detailed survey work and have not been inset within the Proposals Map. Difficulties in defining the extent of these open spaces on the Proposals Map means they have not been marked on the Map though their value in amenity terms remains an important consideration in development control. The omission of such designation on the Proposals Map does not undermine the amenity value of such open spaces, and this policy will still apply to those areas when the subject of a planning application.

6.68 It is not envisaged that development proposals on the smaller amenity open spaces within the villages (or of course The Stray in Harrogate which is also protected by an Act of Parliament) will satisfy the policy. These amenity open spaces should be retained in their entirety. In the main settlements some of the amenity open spaces are large and provide an important leisure/tourism facility (e.g. the Valley Gardens, Harrogate). Within these open spaces, exceptionally, it may be acceptable to allow a small scale development which is essential to maintain or enhance the function of the open space.

TREES AND WOODLANDS

POLICY HD13 PROPOSALS WHICH WOULD INVOLVE THE LOSS OF TREES OR WOODLAND WHICH CONTRIBUTE TO THE CHARACTER OR SETTING OF A SETTLEMENT WILL NOT BE PERMITTED.

Justification

6.69 Much of the character of the District’s built up areas derives from the trees and woodland, therefore it is important to prevent their loss. This will be done when such trees are considered to be under threat, by the confirmation of a Tree Preservation Order or by conditions attached to a planning permission. Many individual trees, groups of trees and woodlands are already protected. This protection will be maintained and extended as appropriate. In order to prevent the loss of trees it is important to protect them in an appropriate manner during construction works. Conditions will be attached to planning permissions to ensure this takes place. However, it should be noted that the law allows for the felling of dead, dying or dangerous trees even when protected by Tree Preservation Orders or planning conditions.


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MARKET PLACES

POLICY HD14 Deleted in 2007, at 'Saved' version. DEVELOPMENT WHICH WOULD HAVE AN ADVERSE EFFECT ON THE CHARACTER AND APPEARANCE OF HISTORIC MARKET PLACES AND SURROUNDING BUILDINGS AND STREETS WILL NOT BE PERMITTED.

Justification

6.70 The Market Place forms an important historic space at the heart of Boroughbridge, Knaresborough, Masham, Ripon and Ripley and is a strong focus for pedestrians, shoppers and visitors. It is important to protect and wherever possible enhance the historic character of these Market Places and create as attractive an environment as possible for shoppers and visitors. Major improvements to the market places of Knaresborough and Ripon are to be implemented within the plan period. Improvements, including new street surfacing, street furniture and landscaping will be introduced within the other market places as appropriate.

6.71 In Boroughbridge and Masham the emphasis is more on protecting their existing attractive qualities, with only more modest improvements being required.

POLICY HD15 deleted

APPROACHES TO SETTLEMENTS

POLICY HD16 Deleted in 2007, at 'Saved' version. PROPOSALS FOR DEVELOPMENT WHICH WOULD HAVE AN ADVERSE EFFECT ON THE CHARACTER OR APPEARANCE OF THE APPROACHES TO THE DISTRICT'S SETTLEMENTS WILL NOT BE PERMITTED.

PROPOSALS FOR DEVELOPMENT ALONG THESE APPROACHES WILL BE REQUIRED TO HAVE SPECIAL REGARD TO THE QUALITY OF DESIGN AND LANDSCAPING.

Justification

6.72 This policy aims to protect and, where appropriate, enhance the attractiveness of the approaches into the District’s settlements. It is primarily intended to apply to those larger settlements where a 'sense of arrival’ for the traveller is particularly important and can present initial and often lasting impressions. These settlements are Boroughbridge, Harrogate, Knaresborough, Masham, Pateley Bridge and Ripon. However, the policy will also apply to the approaches to smaller settlements where they form part of the experience of entering a larger settlement (e.g. entering the village of Pannal forms part of the experience of entering the town of Harrogate), or where their character on entering the settlement is visually important e.g the eastern approach to Sicklinghall where an old property provides a landmark feature on entering the village.

6.73 For the purposes of this policy, the approaches to settlements are classified roads, railways and navigable waterways and the policy will be applied from the point at which the settlement or related settlement becomes a prominent feature of the travellers’ experience, to the centre of that settlement. This will therefore include land and buildings both within and outside the main built up areas/ development limits of settlements.

6.74 When determining applications for development along these approaches the Council will seek to ensure that the overall visual character is retained and where appropriate improved. The Council will encourage landowners to improve the appearance of land and buildings along these approaches where sites adversely affect the amenity of the area. The Council will consider whether to take action under Section 215 of the Town and Country Planning Act 1990 to remedy any adverse impact.

POLICY HD17 deleted


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FORECOURTS AND FRONT GARDENS

POLICY HD18 Deleted in 2007, at 'Saved' version. PROPOSALS FOR CAR PARKING OR OTHER USE OF FORECOURTS AND FRONT GARDENS WILL NOT BE PERMITTED UNLESS IT CAN BE SHOWN THAT THERE WILL BE NO ADVERSE IMPACT ON LOCAL AMENITY AND THAT THERE IS A PROPERLY CONSTRUCTED ACCESS WHICH ACCORDS WITH POLICY T2.

Justification

6.75 The parking of vehicles in building forecourts and front gardens often detracts from the street scene and can be dangerous for pedestrians and other vehicles. Such action usually leads to the loss of boundary walls, railings or hedges which are important visually in the streetscene. Access to forecourt parking can also involve the loss of on street parking. Where such works require planning permission this policy will be used to help prevent these problems.

6.76 Design guidance for the town of Harrogate is provided in the Council booklet 'Car Parking in Front Gardens’.

UPPER FLOORS AND BACKLAND AREAS

POLICY HD19 Deleted in 2007, at 'Saved' version. DEVELOPMENT WHICH WOULD PREJUDICE THE USE OF UPPER FLOORS AND 'BACKLAND’ AREAS WITHIN THE CENTRAL AREAS OF THE DISTRICT’S MAIN SETTLEMENTS WILL NOT BE PERMITTED. DEVELOPMENT PROPOSALS FOR UPPER FLOORS WILL BE PERMITTED UNLESS THEY:

A) RESULT IN AN UNDESIRABLE LOSS OF RESIDENTIAL ACCOMMODATION; OR

B) ADVERSELY AFFECT THE VIABILITY OF A GROUND FLOOR USE; OR

C) ADVERSELY AFFECT THE VITALITY OF THE SHOPPING STREET.

IN APPROPRIATE CASES THE COUNCIL WILL ADOPT A FLEXIBLE APPROACH TO THE APPLICATION OF CAR PARKING AND OTHER STANDARDS.

Justification

6.77 The full economic use of land and buildings within and around central areas is important if their environment is to be maintained in good physical and visual order.

6.78 The encouragement of the active use of upper floors and backland areas should help to improve the environment, increase the dwelling stock, and contribute to the retail/ commercial vitality of the street. Normal car parking requirements may be waived in relation to the appropriate re-use of upper floors.

6.79 The 'Living over the Shop Project’ has been set up to encourage residential use of upper floors in city/town centres. Advice can be obtained from the Project Director, 'Living Over the Shop’, The Kings Manor, York. The Council has adopted an Empty Property Strategy which seeks to assist and encourage the return/conversion of certain suitable commercial premises to use as residential accommodation. For further information contact should be made with the Development Officer, Housing Division, Springfield House, Kings Road, Harrogate.



DESIGN OF NEW DEVELOPMENT AND REDEVELOPMENT

POLICY HD20 PROPOSALS FOR NEW DEVELOPMENT AND REDEVELOPMENT SHOULD TAKE INTO ACCOUNT, WHERE RELEVANT, THE FOLLOWING DESIGN PRINCIPLES:

A) NEW BUILDINGS SHOULD MAKE A POSITIVE CONTRIBUTION TO THE SPATIAL QUALITY OF THE AREA AND THEIR SITING AND DENSITY SHOULD RESPECT THE AREA’S CHARACTER AND LAYOUT.

B) NEW BUILDINGS SHOULD RESPECT THE LOCAL DISTINCTIVENESS OF EXISTING BUILDINGS, SETTLEMENTS AND THEIR LANDSCAPE SETTING.

C) NEW BUILDINGS SHOULD RESPECT THE SCALE, PROPORTIONS AND HEIGHT OF NEIGHBOURING PROPERTIES.

D) NEW BUILDING DESIGN SHOULD RESPECT, BUT NOT NECESSARILY MIMIC, THE CHARACTER OF THEIR SURROUNDINGS AND, IN IMPORTANT LOCATIONS, SHOULD MAKE A PARTICULARLY STRONG CONTRIBUTION TO THE VISUAL QUALITY OF THE AREA.

E) FENESTRATION SHOULD BE WELL-PROPORTIONED, WELL-BALANCED WITHIN THE ELEVATION AND SYMPATHETIC TO ADJOINING BUILDINGS.

F) THE USE AND APPLICATION OF BUILDING MATERIALS SHOULD RESPECT MATERIALS OF NEIGHBOURING BUILDINGS AND THE LOCAL AREA.

G) NEW DEVELOPMENT SHOULD BE DESIGNED WITH SUITABLE LANDSCAPING AS AN INTEGRAL PART OF THE SCHEME.

H) SPECIAL CONSIDERATION WILL BE GIVEN TO THE NEEDS OF DISABLED AND OTHER INCONVENIENCED PERSONS, PARTICULARLY IN PROPOSED DEVELOPMENTS TO WHICH THERE WILL BE PUBLIC ACCESS.

I) NEW DEVELOPMENT SHOULD RESPECT THE PRIVACY AND AMENITY OF NEARBY RESIDENTS AND OCCUPIERS OF ADJACENT BUILDINGS.

J) NEW DEVELOPMENT SHOULD MAXIMISE THE OPPORTUNITIES FOR CONSERVATION OF ENERGY AND RESOURCES THROUGH DESIGN, LAYOUT, ORIENTATION AND CONSTRUCTION.

K) NEW DEVELOPMENT SHOULD, THROUGH DESIGN, LAYOUT AND LIGHTING, PAY PARTICULAR ATTENTION TO THE PROVISION OF A SAFE ENVIRONMENT.

DEVELOPMENT WHICH IS CONTRARY TO THESE DESIGN PRINCIPLES WILL NOT BE PERMITTED.

Justification

6.80 PPG1, especially Annex 1, gives guidance on design considerations in the planning process. This emphasises the importance of good design as an aim in the development process and calls for the rejection of obviously poor designs which are out of scale or character with their surroundings. PPG1 continues by stating that "good design should be the aim of all those involved in the development process and should be encouraged everywhere. Good design can help promote sustainable development; improve the quality of the existing environment; attract business and investment; and reinforce civic pride and a sense of place. It can help to secure continued public acceptance of necessary new development."

6.81 This policy provides some basic principles to help ensure that new development is not only well designed in itself, but also blends in well with its surroundings. The maintenance of high standards of design in new development is essential if the attractive character of Harrogate District is to be preserved and enhanced.

6.82 The question of access to buildings can be a planning matter and arrangements for their use by the public, including disabled people, can give rise to issues of public amenity. This is recognised by DoE Circular 10/82 and PPG1, paragraphs 33-34. Access for the disabled and



inconvenienced is a material consideration in the determination of planning applications. Other Local Plan policies on design are given in Housing Policies H13 and H18. PPG3, paragraphs 54-56 and 63-64, outlines Government guidance on good design for housing development.

9.83 In accordance with PPG1, applicants for planning permission should, as a minimum, provide a short written statement setting out the design principles adopted as well as illustrative material in plan and elevation. This material should show the wider context and not just the development site and its immediately adjacent buildings. Inclusion of relevant perspective views can also be of value. Such material will be particularly important in relation to complex or large-scale development proposals, and those involving sensitive sites such as conservation areas. For straightforward or small-scale proposals, this level of detail is unlikely to be necessary. Instead, illustrative material might simply comprise photographs of the development site and its surroundings, drawings of the proposed design itself and, where appropriate, plans of the proposed layout in relation to neighbouring development and uses.

6.84 Circular 5/94 'Planning out Crime’ combined with the Crime and Disorder Act 1998 places an obligation on local planning authorities to do all they can to prevent crime and reduce the fear of crime. The design of new development can play an important part in community safety.

6.85 In order to help applicants for planning permission, the Council has published, or will shortly be pubishing, the following design guides:

Residential Design Guide: Advises on the design of new dwellings in all areas of the District.

Farm Buildings Design Guide: A guide to suggest ways of improving the appearance of new farm buildings in the landscape. It covers siting, form, scale, materials, colour, tree planting and the need for planning permission.

Landscape Policy: A discussion of the basic principles and procedures to be considered in the preparation of landscape schemes. It also covers tree protection, suitable species, boundaries and paved surfaces.

Re-use and Adaptation of Rural Buildings Design Guide: This provides guidance to ensure that conversion proposals retain as far as possible the original appearance and character of rural buildings.

House Extensions and Garages - A Design Guide: Guidance on the basic principles of design for house extensions and garages to be consistent with the appearance of the original and adjoining buildings.

These design guides are recognised as supplementary guidance and do not form part of the statutory Local Plan. A comprehensive review and updating of design guides is currently being undertaken by the Council.

SHOPFRONTS

POLICY HD21 PROPOSALS FOR NEW SHOPFRONTS WILL BE PERMITTED PROVIDED THEY MEET THE FOLLOWING CRITERIA:

A) NEW SHOPFRONTS IN EXISTING BUILDINGS SHOULD BE INTEGRATED WITH THE GENERAL FORM OF THE BUILDING FACADE AND ITS NEIGHBOURS, RESPECTING ITS PROPORTIONS AND DETAILS AND USING TRADITIONAL MATERIALS. EVERY EFFORT SHOULD BE MADE TO RE-ESTABLISH THE ORIGINAL PILASTERS AND FASCIAS.

B) WHERE A SHOP OCCUPIES MORE THAN ONE BUILDING SHOPFRONT, FASCIAS SHOULD NOT BE CARRIED ACROSS FACADES OF SEPARATE ARCHITECTURAL IDENTITY.



C) WITHIN CONSERVATION AREAS AND ON LISTED BUILDINGS, SHOPFRONTS SHOULD GENERALLY BE CONSTRUCTED OF MATERIALS APPROPRIATE TO THE AREA OR BUILDING, AND BE IN ACCORDANCE WITH POLICIES HD1 AND HD3 AS APPROPRIATE.

D) EXISTING HIGH QUALITY SHOPFRONTS OF TRADITIONAL DESIGN AND MATERIALS SHOULD BE RETAINED.

Justification

6.86 The Council recognises the importance of shopfronts in the local street scene, particularly in conservation areas. This policy seeks to provide guidelines which will help to achieve well designed shopfronts and retain those existing shopfronts which contribute to the character of the area.

6.87 To this end the Council has produced a Shopfronts Design Guide to increase public awareness of the evolution and elements of traditional shopfront design. Intended to encourage greater skill and sensitivity in the design of new shopfronts and signage, it is recognised as Supplementary Planning Guidance and does not form part of the statutory Local Plan.

ADVERTISEMENT CONTROL

POLICY HD22 PROPOSALS TO DISPLAY ADVERTISEMENTS SHOULD HAVE REGARD TO ALL THE FOLLOWING CRITERIA:

A) THE SIZE, DESIGN AND NUMBER OF ANY ADVERTISEMENTS SHOULD RESPECT THE SCALE, CHARACTER, DESIGN AND LOCATION OF THE BUILDING AND/OR SHOPFRONT ON WHICH IT IS DISPLAYED, AS WELL AS THE OVERALL STREET SCENE.

B) ADVERTISEMENTS WILL NOT BE PERMITTED WHERE THEY WOULD ADVERSELY AFFECT THE CHARACTER OR APPEARANCE OF A LISTED BUILDING, CONSERVATION AREA OR OTHER SENSITIVE LOCATION.

C) STRICT CONTROL OVER ILLUMINATED SIGNS WILL BE EXERCISED, PARTICULARLY ON LISTED BUILDINGS AND IN CONSERVATION AREAS, RESIDENTIAL AREAS, RURAL AREAS AND OTHER SENSITIVE LOCATIONS. WHERE ILLUMINATION IS ACCEPTABLE, SIGNS SHOULD BE EXTERNALLY ILLUMINATED UNLESS, IN EXCEPTIONAL CIRCUMSTANCES, THE INTERNAL ILLUMINATION IS BY INDIVIDUALLY ILLUMINATED OR 'HALO’ LETTERING OR OTHER DISCREET METHOD.

D) CANOPY ADVERTISEMENTS WILL NOT BE PERMITTED WHERE THEY WOULD ADVERSELY AFFECT LISTED BUILDINGS, CONSERVATION AREAS OR OTHER SENSITIVE LOCATIONS.

ADVERTISEMENTS WHICH HAVE AN ADVERSE EFFECT ON AMENITY OR PUBLIC SAFETY WILL NOT BE PERMITTED.

Justification

6.88 The Council has powers to control a range of outdoor advertising under the Town and Country Planning (Control of Advertisements) Regulations 1992 as amended and guidance is given in PPG19 (Outdoor Advertisement Control). Part of the Local Plan area is an Area of Special Control under these regulations, giving the Council additional powers. The Area of Special Control covers the whole of the District outside the built up parts of Harrogate, Knaresborough and Ripon, together with the following areas within these settlements:- The Stray, Valley Gardens, Harrogate, The River Nidd/Castle Grounds, Knaresborough and the Cathedral Grounds, Ripon. Information on the detailed boundaries of the Area of Special Control is available from the Department of Technical Services, Knapping Mount, West Grove Road, Harrogate (Tel. 01423 500600), and maps showing these boundaries are available for inspection at this address.


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6.89 This policy provides some basic principles to help ensure that advertisements are well designed and take appropriate account of the character of the building upon which they are displayed and also their wider surroundings. Well designed advertisements can add brightness and interest to commercial areas. However, strict control of advertisements, particularly illuminated advertisements, is necessary on listed buildings, in conservation areas and in residential and rural areas. Such advertisements will often not be appropriate in the open countryside or other sensitive locations.

6.90 Signs should not be displayed on gable ends, nor, apart from projecting signs, above the level of first floor window cills. Where appropriate, projecting signs should be of a traditional hanging type and should normally be vertically proportioned. The top of any projecting sign should not be mounted higher than the top of any first floor windows. Projecting 'box’ signs will not normally be appropriate. The overall number of advertisements or external lights displayed on a building should avoid clutter and respect the building and/or shopfront on which it is displayed as well as the street scene. Careful consideration will be given to the materials and design of canopy advertisements. Traditional signwriting directly onto the fascia is preferred, but individually applied lettering in a matt/non reflective material will normally be acceptable. A company’s standard corporate style of advertisement should be modified where this would adversely affect the amenity of the area and the building upon which it is to be displayed.

6.91 The Council has published as Supplementary Planning Guidance a 'Shopfronts Design Guide’ for the District which includes guidance on advertisements. This Design Guide is available free of charge from the Design and Conservation Team at the Department of Technical Services.

SATELLITE DISHES AND ANTENNAE

POLICY HD23 Deleted in 2007, at 'Saved' version. PLANNING PERMISSION FOR SATELLITE DISHES AND ANTENNAE WILL BE GRANTED PROVIDED THAT THERE IS NO ADVERSE EFFECT ON AMENITY AND THE IMPACT HAS BEEN MINIMISED THROUGH APPROPRIATE POSITIONING, COLOUR AND SIZE.

SATELLITE DISHES AND ANTENNAE ON LISTED BUILDINGS AND WITHIN CONSERVATION AREAS WILL BE STRICTLY CONTROLLED IN ACCORDANCE WITH POLICIES HD1 AND HD3 OF THIS LOCAL PLAN.

Justification

6.92 PPG8 (Telecommunications) states that modern telecommunications are an essential and beneficial element in the life of the local community and in the national economy. New communications technology is now spreading rapidly to meet the growing demand for better communications at work and at home, in business and in public services.

6.93 This policy seeks to minimise the impact of satellite dishes and antennae wherever planning permission is required. Supplementary guidance will be prepared to give further advice and information on this subject.

6.94 Planning permission may not be needed for installation of satellite dishes/antennae. For further information contact the Council’s Planning Division (Tel. 01423 500600) and ask for advice or request a copy of the booklet entitled 'A Householder’s Planning Guide for the Installation of Satellite Television Dishes’.


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PROVISION OF ART IN PUBLIC PLACES

POLICY HD24 Deleted in 2007, at 'Saved' version. PROPOSALS FOR THE PROVISION OF ART IN PUBLIC PLACES WILL BE PERMITTED WHERE THIS WOULD ENHANCE THE CHARACTER, IDENTITY AND DISTINCTIVENESS OF THE LOCALITY.

Justification

6.95 The provision of art in public places can help to beautify the local scene and give it character, identity and distinctiveness. This is important when modern day standardisation is tending to make places more and more alike.

6.96 In addition to fine art, work by artists can cover functional elements such as paving, seating and walling. Provision can be made in appropriate locations in both town and country.

6.97 Provision can be made by the Council itself within its own landholdings or pedestrian areas; by local initiatives (such as the 'Masham Leaves’, a sculpture project involving Masham Town Council, the Council and Yorkshire & Humberside Arts); or by developers enhancing their proposals to provide community benefits.


Documents

CHAPTER 6 HERITAGE AND DESIGN - Harrogate