2009 Yearbook

r e v i e w 23 C o n s e r v a t i o n a r e a s Statute or Model Policy Score No of LPAs Percentage s64 of Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 In the determination of any application for planning permission for development affecting a conservation area, the planning authority is required to pay special attention to the desirability of preserving or enhancing the character or appearance of the relevant designated area. 1 1 3 2 3 9 3 6 18 4 15 44 5 6 18 0 3 9 TOTAL 34 101 SPP23: Model Policy 2a Development and demolition within a conservation area or affecting its setting shall preserve or enhance its character and be consistent with any relevant conservation area appraisal or management plan that may have been prepared for the area. 1 2 6 2 1 3 3 9 24 4 14 41 5 6 18 0 2 6 TOTAL 34 98 SPP23: Model Policy 2b The design, materials, scale and siting of any development shall be appropriate to the character of the conservation area and its setting. Trees which are considered by the planning authority to have amenity value shall be preserved. Given the importance of assessing design matters, outline planning applications will not normally be considered appropriate for developments in conservation areas. 1 2 6 2 3 9 3 9 24 4 9 24 5 8 24 0 3 9 TOTAL 34 96 SPP23: Model Policy 2c Where an existing building, listed or not, contributes positively to the character of the conservation area, policy 1A on demolition shall apply. Where it does not, proposals for demolition will not be considered in the absence of a detailed planning application for a replacement development that enhances or preserves that character. Demolition will not begin until evidence is given of contracts let for the approved development. 1 5 15 2 4 12 3 9 24 4 5 15 5 6 18 0 5 15 TOTAL 34 101 0 = no policy; 1 = very poor reflection of statute or national policy; 2 = poor reflection but contained elements; 3 = satisfactory, but not fully cohesive or comprehensive; 4 = good with a clear link to national policy; and, 5 = very good, with strong or direct links to statute or policy Analysis of findings In terms of historic environment policy, conservation areas have featured in the legislative landscape since 1967, when they were introduced in the Civic Amenity Act . They are defined as ‘areas of architectural or historic interest’ with a statutory duty to preserve or enhance them. The Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 provides for them now, and includes aspects of designation and regulation. For the purposes of this development plan project, the assessment is made against section 64 of the PLBCAA, which requires special attention to be paid to preserving or enhancing the character or appearance of the areas when considering planning applications. In terms of compliance with section 64, a total of three LPAs (9%) had no policy requiring planning decisions to preserve or enhance a conservation area and a further three (9%) had policies that are rated poor or very poor. Against this, almost two-thirds of LPAs (21, or 62%) had policies that were rated good or very good when assessed against the statutory requirement for special attention. The draft SPP23 Model Policy 2a mirrors the requirements of section 64 but also indicates that decisions should be consistent with any existing conservation area appraisal or management plan. Because of this latter requirement, MP2a was assessed separately. The findings show that only 2 LPAs (6%) have no such policy in their development plans and three (9%) have policies that are rated poor or very poor. Well over half of LPAs (20, or 59%) have policies that are good or very good in terms of carrying this forward. Model Policy 2b addresses the design content of new development in a conservation area. A total of three LPAs (9%) have no such policy; five (15%) have poor or very poor policies; but 17 (48%) have good or very good development plan policies. Model Policy 2c introduces a presumption against the demolition of any building that contributes to the character of a conservation area. It also introduces a test for demolition which is the same as for a listed building. A total of five LPAs (15%) have no policy for this presumption, while nine (29%) do have a policy but it is rated poor or very poor in relation to MP2c. Only 11 LPAs (33%) have a policy in their plans that can be rated good or very good in this regard. Comment on conservation area policies Given the relatively strong statutory position of conservation areas and the statutory requirement to pay ‘special attention’ in considering development proposals that might impact on the character of the area, it is surprising that 21 per cent of LPAs in Scotland have either no policies or poor policies in this field that reflect the direct requirements of the act. While it might be argued that the mandatory duty in section 64 of the act reduces the urgency of having a policy in a development plan, this could not be considered good practice, given the primacy of the development plan.