Chapter 6 - Conservation of the Built Environment

6.1 Denbighshire possesses an extensive and well preserved historical character much of which is recognised as being of national importance. The presence of sites, features and buildings and Conservation Areas undoubtedly adds to the quality of our lives and the physical remains of our past are to be valued and protected as a central part of our culture, heritage and sense of national identity.

6.2 'Conservation must never be regarded as a negative process - nothing more than antiquarinism or a modern day version of luddism. Our responsibility to this historic environment goes beyond simply preventing its destruction essential though that is. It involves actively caring for the heritage, maintaining it in good physical condition, making it readily accessible for study, enjoyment, recreation, and tourism. Above all it means ensuring that, to the fullest possible extent, the heritage remains in active use, as an integral part of the living and working community, a material asset that makes a positive contribution to economic prosperity and overall quality of life’. (Protecting Our Heritage - published by the Department of National Heritage and the Welsh Office 1996).

6.3 Positive attitudes are therefore required through the UDP towards the protection of the built environment for maintaining the architectural and historic continuity and distinctive character of each settlement. A fine balance therefore needs to be struck between conservation and enhancement on the one hand, and promoting development and growth on the other. However, conservation of the built environment and archaeological features should be viewed as an asset to be promoted and not as a constraint to be overcome. The historic environment in practice cannot remain unchanged, and the role of planning is to reconcile the needs for development against the need to conserve and protect the historic environment. To do that there is a need to identify what is special in the historic environment, define its capacity for change and to assess and control the impact of development proposals. The preservation of the County’s historic, architectural and cultural heritage will play an important role in ensuring sustainability.

6.5 The County is well blessed with a rich and varied historic environment ranging from the prehistoric through mediaeval to the Victorian/Edwardian period to the more recent, whether they are formally or statutorily identified or designated. These comprise:

6.7 In addition there are many as yet unscheduled and unidentified buildings, parks, gardens, areas and sites which are either locally important or potentially worthy of national designation in any of the above 4 categories. These also ought to be preserved and enhanced wherever possible through planning policy.

6.9 Planning Policy Wales (2002) sets out the Government’s land use planning policies as they apply in Wales. Chapter 6 sets out policy guidance of specific relevance to the historic environment. Welsh Office Circulars 60/96 - Planning and Historic Environment: Archaeology, and Welsh Office Circular 61/96 - Planning and the Historic Environment; Historic Buildings and Conservation Areas, set out advice and legislation on procedures relating to historic buildings, conservation areas and archaeology respectively. Together they provide the appropriate guidance and should be taken into account by local planning authorities in the preparation of development plans. The combined guidance may be material to decisions on planning proposals.

6.11 They should show how detailed assessment documents and statements of proposals for individual conservation areas relate to the Plan, and what weight will be given to them in decisions on applications for planning permission or conservation area consent.

6.12 Whilst separate legislation and advice is contained for Listed Buildings and Ancient Monuments there are development proposals subject to planning influence and control which require determination under the Planning Acts and relevant guidance. These include;

6.14 As a general rule there is a presumption against any development which would harm the historic environment, not only sites or buildings themselves but also their settings. Again as a general rule planning permission would not normally be granted until appropriate prior consent had been granted under other legislation in respect of Listed Buildings, Conservation Areas and Scheduled Ancient Monuments.

6.15 The role of the UDP is to provide overall policy guidance as to how such proposals should be determined - that includes policies not only to protect, preserve and enhance, but also to encourage their beneficial use.

6.16 Advertisements and signs are covered by the Advertisement Regulations whether or not they adjoin the highway.

6.18 Section 54A of the Town and Country Planning Act 1990 (as amended) provides that where, in making any determination under the Planning Acts, regard is to be had to the Development Plan, the determination must be made in accordance with the Plan unless material considerations indicate otherwise. However, the courts have accepted that this does not apply to decisions on applications for Listed Building Consent or Conservation Areas Consent since in those cases there is no statutory requirement to have regard to the provisions of the Plan. However, in many cases Planning Permission will be required for work affecting a Listed Building, therefore this authority has policies relating to such instances.

6.21 Policies generally have little or no adverse implications for the environment and work towards positive effects, particularly for the local built environment. However, the implications of policy CON 4 (Indigenous Building Materials) on natural resources and local environment needs to be carefully balanced against the benefits to listed buildings and conservation repair schemes. One exception to be aware of is harm to protected species where present in Listed Buildings.

A building may be set within a park, garden or grounds that have been laid out to complement its design and function, or a building may be closely related to other buildings particularly within a town or village. The archaeological context of a building may be a vital element of the setting. It is important therefore that any development takes account of its impact on a Listed Building. A judgement on the success or otherwise of any development on the setting and therefore the character of a Listed Building will be made in any decision on planning permission. The economic viability as well as the character of an historic building may also be affected. If the economic viability is damaged this could have an impact on the long term future of the building.

The Town and Country Planning (General Permitted Development) Order 1995 withdraws certain permitted development rights within the curtilage of some Listed Buildings. Development which might otherwise require no planning permission becomes subject to development control. Such a development will also be judged on the impact it has on the setting of the Listed Building.

EXTENSIONS OR ALTERATIONS TO A LISTED BUILDING THAT WOULD DETRIMENTALLY AFFECT ITS CHARACTER AS A BUILDING OF ARCHITECTURAL OR HISTORIC INTEREST WILL NOT BE PERMITTED.

Many Listed Buildings can sustain a degree of sensitive alteration or extension in order to accommodate continuing or new uses. Nevertheless Listed Buildings do vary greatly in the extent to which they can accommodate change without loss of special interest. Some may be sensitive to even slight alterations. Some Listed Buildings are the subject of successive applications for alteration or extension. In such cases the cumulative effect on the work will be assessed in determining the overall impact on the character of the building. Repair or maintenance of Listed Buildings on a like for like basis does not require consent but care should be taken to ensure a correct specification.

CADW are currently undertaking a major re-survey programme of all buildings in Wales community by community. It is usual for the number of Listed Buildings in a community following a re-survey to increase significantly. The assumption must be that there are many buildings in Denbighshire with the potential for listing but which at the moment do not have the benefit of the extra statutory protection conferred by the listing status. Legislation allows CADW / LPA to ‘spot list’ buildings should those buildings be in danger of unsympathetic alteration or demolition. This authority will assess buildings and report them to CADW when appropriate. The LPA will seek to work with other public bodies and the developer to establish arrangements and funding for the recording and logging of features and the publication / circulation of the findings of studies.

THE CHANGE OF USE OF A LISTED BUILDING WILL ONLY BE PERMITTED IF ANY ALTERATIONS ASSOCIATED WITH THE CHANGE OF USE ARE NOT DETRIMENTAL TO ITS CHARACTER AS A BUILDING OF ARCHITECTURAL OR HISTORIC INTEREST.

The best use for a Listed Building is the use the building was designed for. However, it is recognised that it is often necessary to look for a new use to secure the economic future of the building. It is important therefore that any physical alterations are sensitive to its character. Where a building has clearly become redundant , is becoming dilapidated and is included as ‘at risk’ in the County survey of Listed Buildings, this Authority will encourage the search for a new appropriate use. There are numerous examples of buildings ‘at risk’ in the County.

The former North Wales Hospital, on the south west edge of Denbigh is one of the County’s largest Grade 2* Listed Buildings, and is set in attractive parkland. It use as a hospital ceased totally in 1995 when the building became empty. Efforts to secure its beneficial future use compatible with its importance as a Listed Building have so far proved unsuccessful.

POLICY MDA 4 in the Employment Chapter sets out the Council’s policy and position in regard to the future land use development of the site and buildings primarily as an employment site. Further guidance is available in a separate site planning brief on the former North Wales Hospital.

There are other large listed buildings in the County but none require at this stage either a separate site specific UDP policy or specific SPG.

Indigenous building materials can be classified as stone (including slate) for walls and roofs, clay for bricks and tiles, and hardwood for timber frames. If original sources of these materials have been made unavailable there is a tendency to reuse reclaimed material from old buildings. This may be accepted in some cases but inevitably there is pressure to demolish buildings for the reclaimed market thereby reducing our historic building stock. There is also a possibility that the demand for reclaimed materials will result in unauthorised removal from derelict or semi-derelict buildings. Accessing building materials from their original source also helps retain traditional trades and skills. In other instances the use of substitute materials will be acceptable provided that they share the same or similar characteristics to the indigenous materials in terms of colour, texture, physical size, durability etc.

Local planning authorities are required to designate as a Conservation Area ‘ an area of special architectural or historic interest the character or appearance of which it is desirable to preserve or enhance’. This authority currently has 34 Conservation Areas, a list of which is available separately.

All Conservation Areas have a Conservation Area character appraisal which identifies the essential character which is desirable to protect. Development control decisions will be judged on how well the proposal meets the aims of preservation and enhancement of the character identified within the appraisal.

In respect of conservation areas, the Council, as local planning authority will:

To ensure that (a) the high standards required are met and maintained, and (b) proposals submitted and approved within Conservation Areas preserve or enhance the area and do not detract from the essential character and setting of each Area, the Council has undertaken comprehensive Conservation Area appraisals and is considering whether any amendments are required to Conservation Area boundaries. New conservation areas will be designated where appropriate in accordance with the criteria set out in Welsh Office circular 61/96.

In addition, the Council is committed to improving the appearance and maintaining the character of Conservation Areas, through environmental improvements through its capital programme, action in partnership with others and providing grant aid advice. Further advice is contained in Supplementary Planning Guidance.

Local authorities are also required to review Conservation Areas and to formulate and publish proposals for their preservation and enhancement. Accordingly, following the completion of the character appraisals, all Conservation Areas will be reviewed and management / enhancement plans will be produced which will tackle the main problems identified within each area.

Development proposals within Conservation Areas will be expected to either preserve or enhance the character or appearance of Conservation Areas. The Council requires that applications demonstrate how the development proposal fits in with the essential character and appearance of a Conservation Area set out in the specific Conservation Area Appraisals which become Supplementary Planning Guidance following consultation and approval.

Very often important views into and out of a Conservation Area can contribute significantly to the character of the Conservation Area. It is necessary to assess the impact any development adjacent to Conservation Areas may have on such views.

DEMOLITION WITHIN A CONSERVATION AREA WILL ONLY BE PERMITTED WHERE:

i) IT CAN BE DEMONSTRATED THAT THE BUILDING / STRUCTURE IS BEYOND ECONOMIC REPAIR AND THAT VIABLE ALTERNATIVE USES CANNOT BE FOUND;

ii) IT CAN BE DEMONSTRATED THAT THE BUILDING / STRUCTURE MAKES NO CONTRIBUTION TO THE CHARACTER AND APPEARANCE OF THE AREA;

iii) AN ACCEPTABLE REDEVELOPMENT PROPOSAL WHICH RESPECTS THE CHARACTER AND APPEARANCE OF THE AREA IS UNDERTAKEN WITHIN AN AGREED TIME SCALE SECURED BY CONDITION;

iv) A FULLY DETAILED SCHEME HAS BEEN SUBMITTED AND APPROVED INCLUDING FULL DETAILS OF REDEVELOPMENT WHERE APPROPRIATE.

Following a recent House of Lords ruling, only ‘substantial demolition’ within Conservation Areas falls under the control of Local Authorities. Generally, demolition works within Conservation Areas will be resisted or strictly controlled in order to retain it’s character or appearance. However, there are certain instances where demolition will be allowed. In cases where a building may be beyond economic repair and viable alternative uses cannot be secured there may be no other course of action than demolition. Where acceptable detailed redevelopment proposals have been approved, then demolition will be permitted.

ADVERTISEMENTS WITHIN CONSERVATION AREAS WILL BE PERMITTED PROVIDED THAT:

i) THE PROPOSAL PRESERVES OR ENHANCES THE CHARACTER OF THE AREA;

ii) THE SIGNAGE IS IN A STYLE APPROPRIATE TO THE CHARACTER OF THE AREA;

iii) TRADITIONAL MATERIALS AND FINISHES ARE USED AND GLOSSY OR HIGHLY REFLECTIVE MATERIALS ARE EXCLUDED FROM PROPOSALS;

iv) INTERNALLY ILLUMINATED BOX FASCIA AND PROJECTING BOX SIGNS ARE EXCLUDED FROM THE PROPOSALS;

v) WHERE ILLUMINATION IS ACCEPTABLE, THE INTENSITY OF ILLUMINATION IS KEPT TO A MINIMUM.

ADVERTISEMENTS CLOSE TO CONSERVATION AREAS MUST RESPECT AND PRESERVE THE CHARACTER AND APPEARANCE OF THE AREA TO ENSURE THAT VIEWS OUT OF AND INTO SUCH AREAS ARE PROTECTED.

Some advertisements found in Conservation Areas are inappropriate and do not reflect the special character and designation of the area. The design of advertisements should respect the physical appearance of the premises in order to readily integrate with its surroundings. Traditional details, hanging signs and hand painted signage is most appropriate and will be encouraged. In addition, the Council has published Supplementary Planning Guidance on shop front design and advertisements to encourage better design and a more traditional character where appropriate.

Policy CON 9 - Article 4 Directions (Restrictions of Permitted Development Rights)

IN THE INTERESTS OF PROTECTING OR ENHANCING THE ESSENTIAL CHARACTERISTICS OF CONSERVATION AREAS, THE LOCAL PLANNING AUTHORITY WILL SEEK TO WITHDRAW PERMITTED DEVELOPMENT RIGHTS BASED ON THE FOLLOWING CRITERIA:

i) WHERE CONSERVATION AREA APPRAISALS HAVE IDENTIFIED IMPORTANT FEATURES WHICH COULD BE ALTERED IRREVERSIBLY BY PERMITTED DEVELOPMENT, THEREFORE DETRACTING FROM THE ESSENTIAL CHARACTER OR QUALITY OF THE AREA;

ii) WHERE THE INDIVIDUAL OR CUMULATIVE EFFECT OF CHANGES HAS OR IS LIKELY TO LEAD TO SIGNIFICANT DAMAGE.

Directions may be made to withdraw normal permitted development rights under Article 4 of the Town and Country Planning (General Permitted Development Order )1995. This allows the Local Authority to require that applications for planning permission be made for minor alterations or additions within areas, such as the replacement of windows or roofing, thus retaining the level of detail required to maintain the essence of the designation as Conservation Areas.

The use of Article 4 directions must only be used selectively and based on the results of rigorous appraisal of the important character and features, and evidence that permitted development alterations or development has resulted in significant damaging and irreversible change.

Denbighshire has a very long history of human settlement. Prehistoric hunters are first known in the area from 225,000 years ago. Remains of humans, their tools and some of the animals that roamed the countryside have been recovered from Pontnewydd Cave near St Asaph. All periods beyond this are represented in Denbighshire. From the remains of Mesolithic hunter/gatherers at Rhuddlan, through the many burial monuments of Bronze Age peoples, the impressive hillforts of the iron age, particularly along the ridge of the Clwydian Hills and along the Dee Valley. Remains of the Roman period can still be seen in the foundations of a bath house in Prestatyn. Perhaps more familiar to many people are the large stone castles at Rhuddlan, Dinas Brân, Denbigh and Ruthin, a relic of less peaceful times. More recently the remains of lead mining activity and several pill boxes and decoy sites associated with the Second World War can be found within the County.

Archaeological remains provide irreplaceable evidence of human development. The County’s archaeological heritage is the result of human activity over many thousands of years. They are a finite and non-renewable resource and are, in many cases, highly fragile and vulnerable. An understanding and management of them is essential to ensure they survive in good condition and are not needlessly or thoughtlessly destroyed. They contain irreplaceable information about the history of the County and are part of the National heritage. They are valuable for their own sake and for their role in education and tourism. Wherever practicable and desirable, provision should be made for public access to archaeological sites / remains.

Legislation is in place in the form of the Ancient Monuments and Archaeological Areas Act 1979, which allows for the protection, by scheduling, of those sites which are considered to be of national importance. In Denbighshire there are currently 120 sites which are scheduled which range from early cave sites through to industrial remains. Where a site is both scheduled and listed under the Act, the scheduling legislation takes precedence. The Act requires any proposals of work to a scheduled ancient monument to apply to CADW: Welsh Historic Monuments, for Scheduled Monument Consent. This is widely consulted on before a decision is reached as to whether the work may or may not proceed. Scheduled Monument Consent is completely separate from planning consent. The granting of Planning Consent in no way indicates that SMC has been or will be granted.

DEVELOPMENT WHICH WOULD CAUSE UNACCEPTABLE HARM TO A NATIONALLY IMPORTANT MONUMENT, OR ITS SETTING, INCLUDING THOSE SHOWN ON THE PROPOSALS MAP WILL NOT BE PERMITTED.

WHEREVER POSSIBLE, PLANNING APPLICATIONS WHICH AFFECT A SCHEDULED ANCIENT MONUMENT OR ITS SETTING SHOULD BE ACCOMPANIED BY THE COMPLETED SCHEDULED MONUMENT CONSENT APPROVAL FROM CADW.

Denbighshire contains a great many more known archaeological sites than those which are scheduled. A Sites and Monuments Record is maintained which contains information relating to over 3500 known archaeological sites in the County. This includes the results of recent survey work including metal mines survey, uplands survey, survey of Historic Parks and Gardens and Historic Landscape study. The Regional Sites and Monuments Record held by the Clwyd-Powys Archaeological Trust has been adopted by the Council.

Where nationally important monuments, whether scheduled or not, and their settings are affected by proposed development there is a presumption in favour of their physical preservation. Attention is drawn to this in PPW (2002) and Circular 60/96.

There is also a large number of archaeological sites in the County of local importance. Should development be proposed for these sites PPW (2002) and Circular 60/96 allow for an archaeological evaluation, pre-determination to find out more about any archaeological remains in order to make an informed decision relating to the application. Should an application be approved, in order to ensure that sites are protected and/or recorded in advance of construction work, the Council will attach conditions to any grant of planning permission. Any archaeological work of this nature is required to be funded by the developer following the principle of ‘polluter pays’.

THE COUNCIL WILL REQUIRE, IN LINE WITH PPW (2002) AND CIRCULAR 60/96, THAT AN ACCEPTABLE REPORT ON THE RESULTS OF ARCHAEOLOGICAL EVALUATIONS, IS SUBMITTED PRIOR TO THE DETERMINATION OF PROPOSALS AFFECTING SITES OF KNOWN OR POTENTIAL ARCHAEOLOGICAL SIGNIFICANCE. IN CASES WHERE REMAINS ARE AFFECTED BUT PRESERVATION IN SITU IS NOT MERITED, THE COUNCIL WILL EXPECT TO SECURE EXCAVATIONS AND/OR RECORDING IN ADVANCE OF CONSTRUCTION WORK EITHER BY THE IMPOSITION OF SUITABLE CONDITIONS ATTACHED TO A PLANNING PERMISSION OR THROUGH A FORMAL OBLIGATION ENTERED INTO WITH THE DEVELOPER.

Guidance contained in PPW (2002) and Circular 60/96 is designed to ensure that archaeology is a material consideration in the planning system and also to minimise occasions when totally unexpected problems arise while development is in progress. It is strongly recommended that applicants consult with the Local Authority at an early stage.

From September 24th 1997 the new Treasure Act came into force. The definition of ‘treasure’ has altered as has the onus to know the intent of the original depositor. Developers should be aware of this legislation should material be found unexpectedly during construction works. In all cases it is desirable that the discovery of previously unknown archaeological information discovered during construction work be reported to the County Archaeologist.

Collaborative research by CCW, Cadw, Welsh Historic Monuments and the International Council on Monuments and Sites (ICOMOS) has produced a series of publications collectively entitled a ‘Register of Parks, Gardens and Landscape of Special Historic Interest in Wales’. Part 1 deals with the historic parks and gardens of Wales and Part 2 with the historic landscapes of Wales. Part 2 is split into 2 volumes with Part 2:1 comprising the Outstanding sites and Part 2:2 (awaiting publication) the Special sites. The register compiled is currently non-statutory and imposes no additional planning controls over the designated areas. However, they form part of the historic environment which should be protected. A large area in the Vale of Clwyd, including Ruthin and part of Denbigh is classified as a landscape of special historic interest. A full list of registered sites in Denbighshire is available separately.