Introduction
5.4.1 The historic environment embraces all aspects of the environment that result from the interaction between people and places through time and comprises a variety of elements of heritage significance, including historic townscapes, buried archaeological remains, above ground ruins, designed landscapes, engineering features, buildings and structures that combine to create a unique environment which provides a tangible link with the past and a positive sense of place.
5.4.2 Burnley’s rich heritage is a major strength central to the character and identity of the borough and contributes significantly to the quality of life that underpins the borough’s economy and attracts investment. It acts as a stimulus to and as a reference point for high quality and locally distinctive design as well as an inspiration to contemporary architecture and regeneration initiatives which are a major catalyst for the future prosperity of the borough.
Legislative and Policy Background
5.4.3 The NPPF refers to historic physical remains collectively as ‘heritage assets’ and includes those that are designated through legislation as Designated Heritage Assets e.g. listed buildings; scheduled monuments, registered parks and gardens, and conservation areas and those that are identified by the local planning authority for their local interest as Non-Designated Heritage Assets. Each type of Designated Heritage Asset has its own legal framework.
5.4.4 The appropriate conservation of heritage assets and their setting forms one of the ‘Core Planning Principles’ of the NPPF that should underpin both plan-making and decision-taking which should seek to “conserve heritage assets in a manner appropriate to their significance, so that they can be enjoyed for their contribution to the quality of life of this and future generations.”70 Heritage assets are an irreplaceable resource and effective conservation of these can deliver wider social, cultural, economic and environmental benefits.71 The NPPF indicates that a positive strategy for the conservation and enjoyment of the historic environment should be set out in the Local Plan. 72
Identifying and Protecting Burnley’s Historic Environment
5.4.5 The Council takes a proactive approach to the conservation of the historic environment. Through its planning decisions and in fulfilling its wider functions, it proactively manages and works with partners to protect, enhance and promote the significance of the borough’s heritage assets and their settings.
5.4.6 The Local Plan recognises the relationship between the quality of the environment, confidence and growth and the role that the historic environment has to play in helping areas to transform economically. A well-managed historic environment creates places where people positively choose to live, work, invest and spend recreation time. Burnley has seen some excellent regeneration schemes involving heritage assets, notably at the Weavers’ Triangle where industrial buildings at risk have been restored and rehabilitated through working in partnership with public, private and community partners.
5.4.7 Buildings at risk are monitored and action taken to secure their repair and encourage sustaining uses. The Council takes a positive approach to designated heritage assets identified as being most at risk (as a result of neglect, decay or inappropriate development) considering the benefit of proposals which would otherwise conflict with planning policies where these would preserve and enhance the heritage asset and where this benefit would clearly outweigh the harm of departing from other policies. In considering such ‘enabling development’, the Council will have regard to the Historic England’s policy and guidance on Enabling Development.73
5.4.8 Policy HE1 sets out aspects of Burnley’s historic environment that are of special importance to the distinct identity of the borough and advocates the proactive and informed management of the historic environment in a way that fully realises its contribution to regeneration and sustainable economic development. The implementation of Policy HE1 will play a fundamental role in achieving the positive strategy for the conservation and enhancement of the historic environment which meets both statutory obligations and national policy requirements.74 In addition to its development management function, the Council will continue to seek not only to protect, but to enhance and promote the historic environment, raising awareness and understanding so it can be enjoyed by residents and visitors now and in the future.
5.4.9 Policy HE1 is complemented by more detailed policies (HE2, HE3 and HE4) setting out how development affecting Heritage Assets, including their settings will be assessed.
Policy HE1: Identifying and Protecting Burnley’s Historic Environment
| 1) The Council will proactively manage and work with property owners and other stakeholders to ensure positive, well-informed and collaborative conservation that recognises and reinforces the historic environment’s contribution to local identity and distinctiveness and its potential as a driver for economic growth, attracting investment and tourism and providing a focus for successful regeneration. 2) Key elements that contribute to the distinct identity of the borough that will therefore be a priority to protect, enhance and promote, include:
3) In addition to its role in sustaining and enhancing the significance of heritage assets in response to development proposals, the Council will maximise the benefits of the borough’s historic environment through the following actions:
4) The Council will encourage, wherever possible, opportunities to enhance or better reveal the significance of heritage assets or their setting for example through repairs, reinstatement of lost architectural features, reversal of previous inappropriate changes and measures to secure their long term maintenance. This will normally be a requirement where grant assistance is being offered or enabling development considered. |
5.4.10 Legislation75 and national policy set a strong presumption in favour of protecting, conserving and where possible enhancing the significance of heritage assets. The weight to be attached to that presumption, when assessed against meeting other needs, will be dependent on:
Significance
5.4.11 The NPPF states that historic assets should be conserved in a manner appropriate to their significance76. Significance is defined as the value of the heritage asset to this and future generations because of its heritage interest. That interest may be archaeological, architectural, artistic or historic. Significance derives not only from the asset itself e.g. a listed building, but also from its setting. The significance of a heritage asset should be taken into account from the outset of any proposal.
5.4.12 Developers will be expected to describe the significance of known heritage assets that may be affected by their proposals including any contribution made by their setting77 and this should be set out in the form of a written Heritage Statement.78 Significance should be described in terms of the heritage asset’s archaeological, architectural, artistic or historic interest both as a whole and the specific parts affected by the proposal. The level of detail should be proportionate to the importance of the heritage asset (or assets) that may be affected and no more than is sufficient to understand the potential impact of the proposal on their significance. Much information about the interest of heritage assets is contained in Lancashire’s Historic Environment Record and other sources such as conservation area appraisals, historic town reports, local libraries and archives.
5.4.13 The Council will validate the information provided to ensure that all heritage assets that may be affected by the proposal have been identified and that their significance has been adequately and properly described. The Council will use this information to assess the impact of proposals on the significance of heritage assets.
Setting
5.4.14 The NPPF makes it clear that the setting of a heritage asset, i.e. the surroundings in which it is experienced, can be an important element of significance.79 The extent of an asset’s setting is not fixed and may change as the asset and its surroundings evolve. Elements of a setting may make a positive or negative contribution to the significance of an asset or may be neutral. Setting is not the same as curtilage (see glossary).
5.4.15 The contribution of setting to the significance of a heritage asset is normally expressed by reference to views. However setting can also influenced by other environmental factors such as noise, vibration and lighting from other nearby land uses. When assessing development proposals within the setting of a heritage asset, careful consideration must be given to the implications of cumulative change.80
5.4.16 Setting contributes to significance and as such must be considered fully in the Heritage Statement. There may be instances where the setting of a heritage asset has been compromised through inappropriate development, in which case a proposal may respond to the opportunity to enhance setting.81
Harm to or Loss of Significance
5.4.17 Development proposals can affect the significance of heritage assets in a range of different ways. Physical impacts can result from alterations to the fabric e.g. replacing windows through to demolition. Other impacts may not physically alter the asset but may affect its setting. In line with national policy the Council will seek to establish the scale of harm associated with proposals affecting heritage assets in terms of the categories of harm identified in the NPPF:
5.4.18 As heritage assets are irreplaceable, any harm or loss will require clear and convincing justification83. Substantial harm to or loss of a grade II listed building, park or garden should be exceptional. Substantial harm to or loss of designated heritage assets of the highest significance, notably scheduled monuments, protected wreck sites, battlefields, grade I and II* listed buildings, grade I and II* registered parks and gardens, and World Heritage Sites, should be wholly exceptional. Substantial harm to and total loss of significance is a high test, so it may not arise in many cases. Substantial harm relates to the impact of proposals that wholly or partially destroys the significance of the heritage asset or impinges upon its setting to an extent which undermines its essential appreciation.
5.4.19 While the impacts of total destruction are obvious, partial destruction is likely to have a considerable impact but, depending on the circumstances, may be less than substantial harm or not harmful at all, for example, when removing later inappropriate additions.
5.4.20 The necessity for any harm will be rigorously tested with the onus being on the applicant to demonstrate sufficiently powerful material considerations exist to set aside the considerable weight applied to the relevant statutory duties84 including showing that alternative options have been explored and ruled out and that mitigation has been maximised in order to reduce the harmful effects as far as it is practically possible.
Public Benefits
5.4.21 In line with national policy the Council will seek to establish the nature of the benefits directly associated with a proposal that causes harm to or the total loss of the significance of a designated heritage asset.85 In order to be taken into account in weighing the decision, benefits should be public benefits and could be anything that delivers economic, social or environmental progress.86 The Council will seek to establish whether the public benefits are substantial or not.87
5.4.22 In circumstances where some degree of harm to the significance of a designated heritage asset is considered justified when balanced against public benefits, the benefits must be compelling, realistic and capable of assured delivery. In cases where the impact of a proposal would lead to substantial harm or total loss of significance, but is justified by considerations of public benefits; mitigation by recording will be required as a condition of consent.
Designated Heritage Assets
5.4.23 Designated Heritage Assets within Burnley include Listed Buildings; Conservation Areas; Registered Parks and Gardens; and Scheduled Monuments.
5.4.24 For Designated Heritage Assets, all levels of harm should be avoided. Substantial harm to or total loss of significance would only be approved in exceptional circumstances where it can be demonstrated that the harm or loss is necessary to achieve substantial public benefits; or all four of the following tests as set out in Paragraph 133 of the NPPF can be met.
Listed Buildings
5.4.25 The Department for Digital, Culture, Media and Sport (DCMS), taking advice from Historic England, is responsible for listing buildings. Listing marks and celebrates the special architectural and historic interest of a building, structure or object, and also brings it under the consideration of the planning system, so that its special interest can be preserved for future generations.
5.4.26 Burnley has over 300 listed building entries, details of which are accessible through the National Heritage List for England.88
5.4.27 In considering whether to grant listed building consent for any works to a listed building or planning permission for development which affects a listed building or its setting, the Council has a duty under the Planning (Listed Buildings and Conservation Areas) Act 1990 to “have special regard to the desirability of preserving the building or its setting or any features of special architectural or historic interest which it possesses.”89
5.4.28 Appropriate repair and re-use of listed buildings will be encouraged, particularly for those listed buildings identified as being most at risk. In order to avoid harm to significance, alterations or extensions to listed buildings must be designed to respect their special architectural or historic interest, including their:
5.4.29 Developments affecting the setting of a listed building must consider:
Conservation Areas
5.4.30 Section 69 of the Act defines conservation areas as “areas of special architectural or historic interest the character or appearance of which it is desirable to preserve or enhance”. The Council has designated 10 conservation areas which are shown on the Policies Map and listed in Appendix 4.
5.4.31 Whilst conservation areas may contain concentrations of listed buildings, it is the sense of place created by different components such as; historic settlement or street pattern, groups of traditional buildings, open spaces, trees and boundary walls which combine to provide their special character. It is this character, rather than individual buildings that designation seeks to preserve or enhance.
5.4.32 In exercising its planning functions with respect to any buildings or other land in a conservation area, the Council has a duty under the Act to “pay special attention to the desirability of preserving or enhancing the character or appearance of that area.”90
5.4.33 In order to avoid harm to significance, development within or affecting the setting of a conservation area should be of a high quality contextual design and will be expected to preserve, or where appropriate enhance, those elements which contribute to its special character or appearance, including:
5.4.34 In determining applications, there will be a presumption in favour of retaining the integrity and form of buildings and features that make a positive contribution to the significance of a conservation area. The appropriate repair and re-use of such buildings will be encouraged. The loss of a building, or other element, that makes a positive contribution to the significance of a conservation area will be treated either as substantial harm or less than substantial harm, as appropriate, taking into account the relative significance of the element affected and its contribution to the significance of the conservation area as a whole.91
Registered Parks and Gardens
5.4.35 The Historic Buildings and Ancient Monuments Act 195392 authorises Historic England to compile a register of “gardens and other land” in England that appear to be of special historic interest. Although the inclusion of an historic park or garden on the register brings no additional statutory controls, as Designated Heritage Assets they enjoy a level of national policy protection.
5.4.36 There are five registered parks and gardens in Burnley. Towneley Park, Thompson Park, Scott Park, Queen’s Park and the gardens associated with Gawthorpe Hall, all of which are open to the public forming a significant resource for local residents and visitors. As such they bring their own development pressures which need to be carefully managed to ensure that the gardens are not comprised either by facilities for visitors or by new development.
5.4.37 Proposals affecting a registered park and garden or its setting should ensure that the development does not detract from the enjoyment, layout, design, principal components, character or appearance of the asset; or cause harm to important views; or prejudice its future restoration.
5.4.38 Features that contribute to the significance of a registered park or garden should be retained and their sensitive restoration is encouraged. Features that may be considered significant include:
Policy Approach
5.4.39 Policy HE2 applies only to listed buildings, conservation areas and registered parks and gardens.93 For scheduled monuments see Policy HE4.
Policy HE2: Designated Heritage Assets: Listed Buildings; Conservation Areas; and Registered Parks and Gardens
| 1) Proposals affecting designated heritage assets and/or their settings will be assessed having regard to the desirability of sustaining and enhancing the significance of the asset and, where appropriate, securing a viable use most consistent with its conservation. All levels of harm should be avoided. Less than Substantial Harm (i.e. Harm) 2) Where proposals would lead to less than substantial harm to the significance of a designated heritage asset, the harm will be weighed against the public benefit of the proposal, including securing its optimum viable use. 3) In order to avoid harm to significance, proposals for works of alterations and extensions to a listed building or within a conservation area or historic park and garden will be expected to:
5) Consent will not be granted for proposals that lead to substantial harm to or the total loss of the significance of a designated heritage asset, unless robust evidence can demonstrate that the substantial harm or loss is necessary to achieve substantial public benefits that outweigh that harm or loss, or all of the following apply:
Recording 6) Where the loss of the whole or a significant part of a designated heritage asset, including a building or element that makes a positive contribution to the significance of a conservation area is determined to be acceptable, conditions or agreements will be put in place to ensure that :
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Conservation and Enhancement of Non-Designated Heritage Assets
5.4.40 Non-designated heritage assets are buildings, monuments, sites, places, areas or landscapes identified as having a degree of significance meriting consideration in planning decisions but which are not designated at a national level. These heritage assets are an important element of the rich history of the borough and reinforce local distinctiveness and sense of place by reason of their cultural, architectural and historical contribution.
5.4.41 Non-designated heritage assets include the 300-plus locally listed buildings identified by the Council. There are also 18 designed landscapes which are known to be historically important and are included in the Local List of Lancashire’s Unregistered Historic Designed Landscapes.95 The Council will consider including these sites (and any other potential candidates) on a future review of the borough’s Local List of heritage assets.
5.4.42 The Council will review and update the Local List and set out criteria for inclusion on it. Whilst this will be the principal means of identifying non-designated heritage assets, others may be identified at any stage of the planning process.
5.4.43 Applications for planning permission for works affecting non-designated heritage assets will be required to show how the significance of the asset has been taken into consideration in the design of the proposed works. If a planning application is submitted which affects a site that is then found to qualify as a non-designated heritage asset, the developer will be informed and will be required to produce a written Heritage Statement.
5.4.44 Where planning permission is required for works affecting (directly or indirectly) a non- designated heritage asset, the NPPF states that the effect on its significance should be taken into account in determining the application and that the scale of any harm or loss and the significance of the heritage asset should be included in this balanced decision.
5.4.45 Proposals for the loss of non-designated heritage assets that make a positive contribution to the significance of a conservation area will also be assessed under Policy HE2
Policy HE3: Non-Designated Heritage Assets
| 1) The Council will maintain a local list and will seek to help ensure the retention, good maintenance and continued use of non-designated heritage assets. 2) Where a non-designated heritage asset or its setting, including where identified through the planning process, is affected by development proposals (directly or indirectly) there will be a presumption in favour of its retention. 3) Proposals affecting non-designated heritage assets should relate appropriately in terms of siting, style, scale, massing, height and materials. 4) Development proposals affecting the setting of a non-designated heritage asset will be required to give due consideration to its significance and ensure that this is protected or enhanced where possible. 5) Where the loss of the whole or significant part of a non-designated heritage asset is determined to be acceptable, the applicant will be expected to secure recording to the appropriate level, the results of which should be deposited with the Council. |
Scheduled Monuments and Archaeology
5.4.46 Burnley’s archaeological sites and remains hold physical evidence of the area’s social history and agriculture spanning thousands of years and are recognised as a fragile and finite part of our local and national heritage and culture. These include:
Scheduled Monuments
5.4.47 The Ancient Monuments and Archaeological Areas Act (1979) makes provision for scheduling of monuments. Monuments are normally unoccupied buildings or structures of national archaeological significance, many of which lie hidden beneath the ground in the form of highly sensitive and non-renewable archaeological deposits which are vulnerable to damage or destruction, either from specific works or from gradual degradation over time. The NPPF considers Scheduled Monuments to be of the highest significance and that substantial harm to or loss should be wholly exceptional.97
5.4.48 In addition to any planning approval that may be required for proposals affecting scheduled monuments, they also have their own separate statutory consent regime in the form of Scheduled Monument Consent (which must be obtained from the Secretary of State for Digital, Culture, Media and Sport). Development affecting only the setting of a scheduled monument is dealt with wholly under the planning system and Scheduled Monument Consent would not be required.
5.4.49 There are 22 Scheduled Monuments in the borough (see Appendix 4).
Non-Designated Heritage Assets of Archaeological Interest that are demonstrably of equal significance to Scheduled Monuments
5.4.50 There are many other assets of archaeological interest that are not scheduled but that may be considered to be of equal significance. Sites falling into this category include those that have been assessed as being nationally important but which have not been designated usually because they are given appropriate level of protection through national planning policy or other forms of heritage designation; and those that are incapable of being designated because their physical nature is outside the scope of the legal definition of a Monument98. The NPPF states that non- designated heritage assets of archaeological interest that are demonstrably of equal significance to Scheduled Monuments should be considered subject to the policies for designated heritage assets99.
5.4.51 In line with national policy, the Council will resist planning proposals100 which would unjustifiably harm the significance of scheduled monuments or non-designated assets of archaeological interest that are demonstrably of equal significance to scheduled monuments and their preservation in situ and undisturbed will normally be required. Where the harm to the site is too great to ensure its continued conservation, but the harm to the significance is outweighed by the public benefits of the proposals, preservation by record (i.e. full excavation, recording and post excavation analysis) may be the appropriate response.
5.4.52 In cases where it is proven that the site and its artefacts are sufficiently robust and are capable of continued burial (or reburial) within the context of the proposed development without harm occurring, a mitigation strategy should be drawn up and agreed by the local authority. This should identify the significance of the site, and what design measures are being taken to ensure that the significance is not harmed by the development. Where a site is of particular archaeological interest, provision for public engagement during site investigations may also be sought.
Other Non-Designated Heritage Assets of Archaeological Interest
5.4.53 There are many other archaeological sites of lesser importance but which, nevertheless, form a valuable part of the borough’s cultural heritage and merit conservation. These may be identified for inclusion on the local list as non-designated heritage assets (see Policy HE3). On occasion, the understanding of a site may change following assessment and evaluation prior to a planning decision such that it enhances its status as a site of archaeological interest.
5.4.54 Archaeological recording and publication ensures the historic legacy of the borough is documented for research, educational purposes and understanding. Archaeological research should be undertaken at the outset of the development process to enable the identification and understanding of any archaeological remains and inform the level of protection to be assigned and the level of archaeological work that is required. An archaeological assessment should be included with a planning application affecting areas of known or suspected archaeological importance to ensure that appropriate provision is made for their preservation. The Lancashire Historic Environment Record (HER) is the definitive record of all known archaeology in the borough and should be consulted at the outset. Development will need to demonstrate the likely impact upon the significance of the remains and the proposed mitigation to reduce that impact. Where development proposals could affect a Scheduled Monument or its immediate setting, applicants are advised to contact Historic England at an early stage in the planning process.
Policy HE4: Scheduled Monuments and Archaeological Assets
| 1) Development proposals that will lead to substantial harm to, or the total loss of the significance of Scheduled Monuments or other archaeological assets that are of demonstrably equal significance, will only be permitted in wholly exceptional circumstances. Proposals that will lead to less than substantial harm to significance will be permitted only where the harm is clearly and convincingly justified and is outweighed by the public benefits of the proposal. 2) Where development would or is likely to affect the significance of Scheduled Monuments or other archaeological assets that are of demonstrably equal significance, proposals should be accompanied by an assessment of significance and impact. The assessment should describe the likely impacts of the proposal on the significance of the archaeological asset and set out appropriate measures for its preservation, protection, management; together with any mitigation measures, excavations and recording proposals. The level of information required will be appropriate to the assets significance and the scale of likely impact of the proposal, and may require a desk-based archaeological assessment and/or field evaluation. Proposals should also give adequate consideration of how the public understanding and appreciation of such sites could be improved. 3) Where it is accepted that in-situ preservation is not possible or not desirable, adequate provision must be made for excavation, recording and analysis in accordance with a Written Scheme of Investigation approved by the planning authority including where appropriate arrangements for the storage/relocation of assets. Research and recording must be appropriately archived in a way agreed with the Council. 4) Proposals that affect other non-designated archaeological assets will be judged on the significance of the asset and the scale of likely harm to establish whether the development is acceptable in principle. Whilst the preferred approach will be to seek to avoid damage to such remains through their preservation in situ, when in-situ preservation is not judged to be necessary, the developer will be required to make adequate provision for excavation, recording and analysis and where appropriate the storage/relocation of assets. Research and recording must be appropriately archived in a way agreed with the Council. |
Policies in this Section:
| NE1: Biodiversity and Ecological Networks | NE4: Trees, Hedgerows and Woodland |
| NE2: Protected Open Space | NE5: Environmental Protection |
| NE3: Landscape Character |
70 NPPF Paragraph 17
71 NPPG (Conserving and Enhancing the Historic Environment) Paragraph 003
72 NPPF Paragraph 126
73 Enabling Development and the Conservation of Significant Places, Historic England, 2008
74 NPPF, Paragraph 126
75 Planning (Listed Buildings and Conservation Areas) Act 1990 Sections 16, 66(1) and 7
76 NPPF Paragraph 126
77 In accordance with NPPF, Paragraph 1286
78 This may be included as part of the Design and Access Statement if one is to be submitted, NPPG Para 012
79 As defined in Annex 2, Glossary, NPPF
80 Guidance on the Setting of Heritage Assets can be found in the Historic Environment Good Practice Advice in Planning Note 3: The Setting of Heritage Assets, Historic England, December 2017
81 Historic England Good Practice Advice in Planning Note 3 sets out guidance on managing change within the setting of heritage assets
82 This is not to say that the harm would be insignificant or unimportant
83 NPPF Paragraph 132
84 Planning (Listed Buildings and Conservation Areas) Act 1990 Sections 16, 66(1) and 72
85 NPPF Paragraphs 133 and 134
86 As described in NPPF Paragraph 7
87 NPPF Paragraph 133
88 Historic England maintains a list of all designated heritage assets - the National Heritage List for England http://historicengland.org.uk/listing/the-list/
89 Sections 16 and 66 of the Act
90 NPPF Paragraphs 133 and 134
91 NPPF, Paragraph 138
92 Section 8C, inserted by section 33 of, and paragraph 10 of Schedule 4 to the National Heritage Act 1983
93 There are presently no registered battlefields, protected wreck sites or world heritage sites in the borough.
94 The degree to which an area’s pattern of blocks and plot subdivisions is respectively small and frequent (fine grain) or large and infrequent (coarse grain).
95 Compiled and maintained by a partnership comprised of Lancashire County Council, Lancashire Gardens Trust and Manchester Metropolitan University
96 NPPF Paragraph 135
97 NPPF, Paragraph 132
98 Identified in Appendix 4 and on the National Heritage List for England http://historicengland.org.uk/listing/the-list/
99 NPPF, Paragraph 139
100 See para 4.4.51. The Council is only responsible for determining planning applications affecting scheduled monuments; works of alteration require separate scheduled monument consent from the Secretary of State
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