Local Development Framework Consultation

I have read the guidance notes.

General comment / comment on procedure

Yes

Thank you for consulting Historic England on the South Lakeland Local Plan: Development Management Policies DPD Publication document. As the Government's statutory adviser on all matters relating to the historic environment in England, we are pleased to offer our comments. We champion and protect England's historic places, providing expert advice to local planning authorities, developers, owners and communities to help ensure our historic environment is properly understood, conserved and enjoyed.

The National Planning Policy Framework (NPPF) sets out various places the requirements for Local Plans in respect of the historic environment. In particular:

- The need to set out a positive and clear strategy for the conservation, enjoyment and enhancement of the historic environment;
- Be based upon adequate, up-to-date and relevant evidence, which would include sufficient information to assess the significance of heritage assets;
- Contain strategic policies to deliver the conservation and enhancement of the historic environment;

The Historic England Good Practice Advice in Planning Note 1 provides further guidance on the Historic Environment in Local Plans, and can be accessed from our website at https://historicengland.org.uk/images-books/publications/gpa1-historic-environment-local-plans/

We have previously commented upon the emerging heritage assets policy for the Development Plan document, and we thank the local authority for the positive and constructive way in which we have been able to provide comments and advice throughout this process. In respond to the current consultation, we have considered whether the Plan is sound, and have only picked up some minor points where we feel that slight amendments should be made to ensure that it is consistent with national policy. We have noted these below, in commenting on each of the key elements required of a local plan, in addition to commenting upon more specific details (on the attached table) < [SEE OTHER RESPONSES]

Positive Strategy: The DPD, while forming just one part of the Local Plan, is setting out the Council's detailed policies for managing development, and will be used to assess planning applications. This clearly provides opportunities to further develop the positive strategy for the historic environment, and we there welcome the way in which these opportunities have been integrated throughout the Plan. In addition to a robust Historic Environment policy DM3, the historic environment is recognised within: Policy DM1; Policy DM2; paragraph 2.2.1; Policy DM10, Policy DM13, Policy DM20, and Policy DM21. In this respect, we consider that the Plan is sound.

We have noted in the attached table those areas where the positive strategy might be further improved by additional references to the historic environment.

Strategic Policies for the historic environment: The NPPF (in its paragraph 156) refers to the need to identify strategic priorities, and states that Neighbourhood Plans must be in 'general conformity with the strategic policies of the Local Plan' (paragraph 184 of the NPPF). We recognise that this plan sits within a suite of documents, as set out in part 1.2. For clarity, it would be helpful to identify which of the policies, and within which plan document, should be considered as the 'strategic policies'.

Sustainability: We welcome the very positive and proactive approach taken to sustainability throughout the Plan, as evidenced for example by: Policies DM2, DM4, DM6; and DM21.

Monitoring and Implementation: We welcome that positive approach to monitoring the Plan as set out in Chapter 7 of the plan document.

Please notify me.

I have read the guidance notes.

DM3 - Historic Environment

No

The DPD is not justified

Adequate and relevant evidence: The NPPF (paragraph 169) requires that the Plan is based upon the 'up to date evidence about the historic environment'. Given the positive strategy for the historic environment, and the robust heritage policies, we are confident that the Council has this up to date evidence. For example, the heritage policies refer to Conservation Area Appraisal and Management Plans, and also to the council's own Local List. However, these have not been referenced within the Evidence Base listed on the website., with only the Historic Landscape Character Assessment referenced. Given the statutory purpose of the National Parks, their Management Plans might also be valuable evidence to cite.

We welcome and support the very positive and proactive approach taken to the historic environment within this policy and supporting text, and appreciate the very helpful ongoing dialogue throughout its drafting.
While the majority of the policy is extremely robust, we have noted a few minor amendments in order to make it sound and in compliance with the NPPF.
The first sentence beneath the Purpose contains a typo, referring to ‘settings’, which we assume should read ‘setting’?
Under ‘Assessing Significance and Impact’, bullet point (1) refers to parts of the heritage asset ‘that would be directly affected by the proposal’. The NPPF does not distinguish between ‘direct’ or ‘indirect’ impacts, apart from a reference in paragraph 135 where it refers to applications that affect ‘directly or indirectly’. Drawing a distinction within this policy would therefore potentially be excluding indirect impacts, and both weakening the policy and not providing the full protection advised within the NPPF. We would therefore recommend either removing the word ‘directly’ (which would then allude to any impacts, either direct or indirect), or include the word ‘indirectly’.

While we appreciate the intent behind the wording on Historic Parks, Gardens and Landscapes, at present it appears to afford greater protection to this type of asset than any other (in that it states that no harm will be permitted, irrespective of any justification such as over-riding public benefit). This part of the policy may therefore be challenged, as Parks and Gardens do not enjoy any additional protection compared to other heritage assets, and should therefore be subject to the same criteria as set out in the NPPF paragraphs 133-135, and as identified elsewhere in the policy and within the supporting text. We would therefore recommend slightly amending the wording, to reflect the need for development proposals that would harm the Parks, Gardens and Landscapes, to provide the level of justification required by the NPPF.

In order for the Plan to demonstrate that it is based on up to date evidence, and therefore to be found sound, we would recommend that the Council updates its Evidence Base to contain all the relevant documents which have informed its approach to the historic environment.

Amend the reference to ‘settings’ to ‘setting’.

Amend bullet point (1) under ‘Assessing Significance and Impact’, to ensure that indirect impacts of proposals are also covered by this policy.

Amend the section on ‘Historic Parks, Gardens and Landscapes’ to refer to ‘unjustified harm’, or incorporate some reference to the tests as set out in the NPPF.

Please notify me.

I have read the guidance notes.

DM2 - Achieving Sustainable High Quality Design

Yes

While we support this policy, the wording of part (9) might more accurately reflect the intention of this section if it refers to reducing the factors contributing to climate change, as well as responding to its effects. The footnote (7) sets out a number of measures which would positively seek to reduce carbon emissions, and the intention to promote these measures would be strengthened by more accurate wording in the policy.

Include ‘….and reduces the factors contributing to, and responds to the effects of, climate change.’

Please notify me.

I have read the guidance notes.

DM4 - Green and Blue Infrastructure, Open Space, Trees and Landscaping

We support this policy, and the very positive approach taken to green and blue infrastructure.

It is worth noting that many elements of the historic environment, including designed landscapes, parks and gardens, archaeological sites and cemeteries, can form an integral part of Green and Blue Infrastructure. It would be helpful to reference these within this section.

In addition, while we support the intention to protect trees, there may be instances where they are actively damaging sensitive heritage assets (such as Scheduled Ancient Monuments), and their removal is necessary for the long term management of the site.

This policy may need to incorporate some qualification that allows the removal of vegetation in particular instances.

Yes

We support this policy, and the very positive approach taken to green and blue infrastructure.

It is worth noting that many elements of the historic environment, including designed landscapes, parks and gardens, archaeological sites and cemeteries, can form an integral part of Green and Blue Infrastructure. It would be helpful to reference these within this section.

In addition, while we support the intention to protect trees, there may be instances where they are actively damaging sensitive heritage assets (such as Scheduled Ancient Monuments), and their removal is necessary for the long term management of the site.

This policy may need to incorporate some qualification that allows the removal of vegetation in particular instances.

Amend the wording of paragraph 2.4.1 to reflect the contribution made by heritage assets to green and blue infrastructure.

Amend Policy DM4 to reflect that, in some instances, there may be an overriding need to remove trees due to the harmful impact upon the significance of heritage assets.

Please notify me.

I have read the guidance notes.

DM7 - Addressing Pollution, Contamination Impact, and Water Quality

Yes

It is worth noting that pollution can have impacts – both direct and indirect - upon heritage assets, including their setting. Further advice on setting is available from our website at https://historicengland.org.uk/images-books/publications/gpa3-setting-of-heritage-assets/ .

Incorporate reference to the historic environment in the sentence (under the section on ‘Pollution’ referring to the impacts upon the environment.

Please notify me.

I have read the guidance notes.

DM16 - Conversion of Buildings in Rural Areas

Yes

Traditional buildings in rural areas may have historic significance, either in themselves, or as part of the wider settlement or landscape. Conversion and reuse offers opportunities to protect, sustain and enhance that significance, and it would be helpful to reference this within the policy or supporting text.

Incorporate a reference to the historic environment.

Please notify me.

I have read the guidance notes.

DM18 - Tourist accomodation

Yes

Tourist accommodation can have an adverse impact upon heritage assets, in particular on setting. Under ‘All Proposals’, bullet (b), it would be helpful to refer to the historic environment.

World Heritage Site: There are numerous references throughout the Plan to the need to ensure the protection and enhancement of the special qualities and settings of the National Parks (including the Lake District National Park). However, there does not appear to be any reference to its recent inscription as a World Heritage Site (WHS)? While we appreciate that the DPD does not cover either the Park or the WHS, in seeing to protect views into and out of the protected areas, it would be helpful to refer to the WHS and its Outstanding Universal Value.

For example, references could be made at: Policy DM1 (8); paragraph 2.1.7; and Policy DM18.

Incorporate a reference to the historic environment.

Please notify me.

I have read the guidance notes.

DM19 - Equestrian related development

Yes

Equestrian related development both offers opportunities to sustain and enhance, and may also have an adverse impact upon heritage assets, in particular on setting. It would be helpful to refer to the historic environment either within the policy or the supporting text.

Incorporate a reference to the historic environment.

Please notify me.

DM1 - General Requirements for all development

Yes

World Heritage Site: There are numerous references throughout the Plan to the need to ensure the protection and enhancement of the special qualities and settings of the National Parks (including the Lake District National Park). However, there does not appear to be any reference to its recent inscription as a World Heritage Site (WHS)? While we appreciate that the DPD does not cover either the Park or the WHS, in seeing to protect views into and out of the protected areas, it would be helpful to refer to the WHS and its Outstanding Universal Value.

For example, references could be made at: Policy DM1 (8); paragraph 2.1.7; and Policy DM18.

For example, references could be made at: Policy DM1 (8); paragraph 2.1.7; and Policy DM18.

Please notify me.