2009 Yearbook

24 Y e a r b o o k 2 0 0 9 BUILDING · CONSERVATION INSTITUTE · OF · HISTORIC · This said, half of all LPAs did have effective policies that mirrored the statutory requirement. In terms of the emerging model policies, there is a wider variation in how the development plan addresses these. It must be emphasised that many plans would have been prepared before there was any serious attempt to prepare model policies. Nevertheless, many LPAs saw the importance of appraisals or management plans. There was a lesser policy commitment to ensuring that new development respected the character of conservation areas. Not surprisingly, the issue of demolition of buildings in a conservation area was not adequately addressed in development plans overall, although some of the newer plans did reflect the model policy in a positive manner. Overall, it is disappointing that about one quarter of LPAs in Scotland did not have adequate policies in development plans covering the management and regulation of development in conservation areas that reflected the statutory requirements, especially given the fact that all LPA areas have conservation areas within them. H i s t o r i c g a r d e n s a n d d e s i g n e d l a n d s c a p e s Statute or Model Policy Score No of LPAs Percentage Article 15 of Town and Country Planning (General Development Procedure) (Scotland) Order 1992 Planning authorities prior to granting planning permission are to consult with Scottish Ministers on ‘development which may affect a historic garden or designed landscape’ that is on the inventory. (A garden or designed landscape is defined as ‘a garden or landscape identified in the Inventory of Gardens and Designed Landscapes in Scotland’.) 1 0 0 2 0 0 3 27 79 4 0 0 5 2 6 0 5 15 TOTAL 34 100 SPP23: Model Policy 4 Development affecting gardens and designed landscapes shall protect, preserve and enhance such places and shall not impact adversely upon their character, upon important views to, from and within them, or upon the site or setting of component features which contribute to their value. 1 1 3 2 5 15 3 8 24 4 10 29 5 7 21 0 3 9 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 Gardens and designed landscapes were given a formal status with the creation of the Inventory of Gardens and Designed Landscapes in the late 1980s, and were jointly managed by Historic Scotland and Scottish Natural Heritage until recently. Now Historic Scotland alone is responsible for the inventory, and this change could be regarded as giving greater emphasis to the historic nature of the asset. The only statutory provision for gardens and designed landscapes can be found in Article 15 of the Town and Country Planning (General Development Procedure) Order 1992 , which required local planning authorities to notify Scottish Ministers of any development proposals that might impact on them, and to consult with Historic Scotland as a result. The draft SPP23 has now introduced a firm policy position for gardens and designed landscapes. In terms of compliance to the General Development Order, five LPAs (15%) have no reference in their development plan to gardens and designed landscapes. Only two LPAs (6%) have good or very good policies, while most (27, or 79%) have a satisfactory reflection of the GDO requirement and make it explicit that there is a referral system. Model Policy 4 has greater variation in its presence, with three LPAs (9%) having no policy that could be seen to align with it and a further six (18%) that did, but to a poor or very poor standard. A total of 17 (50%) had good or very good policies that reflected the requirements of MP4. Comment on gardens and designed landscape policies Most LPAs address gardens and designed landscapes in their development plans, and have policies that acknowledge them as an asset that needs to be managed. Given the lack of a statutory basis for them, it is not surprising that the proposed model policy is reflected with greater variation across all development plans, with a third having either a poor policy basis for decisions or no policy at all. However, it is encouraging that half have effective policies that address the need to manage gardens and designed landscapes and their settings. Edinburgh Castle from Waverly Station (Photo: Charles Strang)