Local Plan Main Modifications Consultation
Policy 43: Development Affecting Designated Heritage Assets
| Local Plan page number | Policy or paragraph Local Plan | Proposed Change | Justification |
|---|---|---|---|
| 137 | Policy 43:Criterion 1 |
1. Development proposals involving designated heritage assets shall be accompanied by a Heritage Statement. This Statement should [added] that [removed] includes an adequate and proportionate [added] description of the heritage significance of those heritage assets affected, including any contribution made by their setting. [added] |
Effective Consistent with national policy |
| 137 | Policy 43: Criterion 3 |
3. Development involving the alteration, extension or change of use of a designated heritage asset or construction of any structure within its curtilage will only be permitted if [removed] where [added] the proposal: i. Preserves or enhances its significance as a heritage asset ii. Protects existing historically significant hard and soft landscaping, including trees, hedges, walls, fences, and surfaces iii. Retains historic plot boundaries and layouts iv. Ensures the sensitive and viable use of the building. |
Effective |
| 137 | Policy 43: Criterion 4 |
4. Development should protect those features of a designated heritage asset’s immediate [removed] setting that contribute to its significance, including the space(s) around the heritage asset and the historically significant hard and soft landscaping, including trees, hedges, walls, fences, and surfacing. |
Effective |
| 137 | Policy 43: Criterion 5 |
5. Where a development will lead to the substantial [removed] harm or total [removed] loss of a designated heritage asset, applications will be assessed in accordance with National Policy. |
Effective Consistent with national policy |
What to consider when making a representation
What are the tests of soundness and legal compliance?
The purpose of the examination is to consider whether the local plan complies with relevant legal requirements for producing local plans, including the duty to cooperate, and meets the national tests of ‘soundness’ for local plans set out in the National Planning Policy Framework (NPPF).
Therefore, representations submitted at this stage must only be made on these grounds and, where relevant, be supported with evidence to demonstrate why these tests have not been met.
Legal compliance
To be legally compliant the plan has to be prepared in accordance with the duty to cooperate and legal and procedural requirements, including the 2011 Localism Act and Town and County Planning (Local Planning) (England) Regulations 2012 (as amended).
Soundness
The inspector conducting the examination in public has to be satisfied that the local plan is ‘sound’; namely that it is:
• Positively prepared – the plan should be prepared based on a strategy which seeks to meet objectively assessed development and infrastructure requirements, including unmet requirements from neighbouring authorities where it is reasonable to do so and consistent with achieving sustainable development.
• Justified – the plan should be the most appropriate strategy, when considered against the reasonable alternatives, based on proportionate evidence.
• Effective – the plan should be deliverable over its period and based on effective joint working on cross-boundary strategic priorities, and
• Consistent with national policy – the plan should enable the delivery of sustainable development in accordance with the policies in the NPPF.