B17 Chapter 6 - Environment

Landscape Quality

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Norfolk Coast Area of Outstanding Natural Beauty

6.1

Most of the Norfolk coast is of national landscape importance, having been confirmed as a designated Area of Outstanding Natural Beauty (AONB) by the Secretary of State in April 1968. The major part of the AONBs 450 km2 is within the Local Plan area (see Fig. 6).

6.2

The designation affords special status in the control of development and establishes the primary purpose as the conservation and enhancement of natural beauty, which includes protecting flora, fauna and geological as well as landscape features. Man's influence in shaping the landscape is also significant, and therefore it is important to conserve the archaeological, architectural and vernacular features that contribute to the special character of the AONB.

6.3

Accordingly, large-scale development is unacceptable in the AONB and only proven national interest and a lack of alternative sites can justify any exception to this policy. However, small-scale developments that are essential for meeting local community needs may be acceptable if they lie within existing settlements, and particularly in the Small Town of Wells-next-the-Sea and the Selected Small Villages. The cumulative effect of such developments will be monitored to ensure that the AONB suffers no loss of beauty and character. In all cases where the principle of development is considered acceptable in the AONB, the Council will expect applicants to take full account of the advice contained in the North Norfolk Design Guide (see Part D) in devising detailed proposals.

Policy 20: Norfolk Coast Area of Outstanding Natural Beauty - Expired 27/09/2007
In the Norfolk Coast Area of Outstanding Natural Beauty the prime planning consideration will be the conservation and enhancement of the beauty of the area, and development proposals that would be significantly detrimental to it will not be permitted.

North Norfolk Heritage Coast

6.4

The purpose of Heritage Coast definition is not simply to identify coasts for protection purposes, since the majority (including the North Norfolk Heritage Coast) are already covered by the protection that National Park or AONB status affords. Rather, it is to focus attention on the management needs of our finest undeveloped coasts by reconciling the interests of landscape and nature conservation, recreation and tourism, water quality, and the economic and social needs of local communities.

6.5

The marshland coast between Holme-next-the-Sea and Weybourne is widely considered to be the finest example of its kind in Britain, and probably Europe. Consequently, this area was defined as a Heritage Coast by the Countryside Commission in April 1975, following the agreement of the Council together with the Borough Council of King's Lynn and West Norfolk and the County Council.

Area of High Landscape Value

6.6

The Structure Plan key diagram identifies almost all of North Norfolk as an Area of Important Landscape Quality with only a small area of countryside around North Walsham excluded. However, the local pattern of variation in landscape quality and conditions is more complex than the broad designation shown in the Structure Plan. Consequently, a more thorough study of North Norfolk's landscape was undertaken in order to provide a detailed local interpretation of landscape quality.

6.7

The areas of important landscape quality identified by the study have been designated as the Area of High Landscape Value and are defined on the proposals map. The Area of High Landscape Value supplements the AONB designation which identifies areas of national landscape importance. Landscapes excluded from the AONB and Area of High Landscape Value designations tend to have a weak landscape structure and are intruded upon by inappropriate development. However, even within these poorer landscapes, there are localised areas where the landscape elements are in good condition and, consequently, the landscape is more visually pleasing. Areas included within the Area of High Landscape Value designation may include localised landscapes of a marginal or transitional nature where they are surrounded by landscape of higher quality or where their inclusion links one area of higher quality to another.

Policy 21: Area of High Landscape Value
The appearance and character of the Area of High Landscape Value will be conserved and enhanced. Development proposals that would be significantly detrimental to its appearance or character will not be permitted.

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Landscape Character

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North Norfolk Landscape Character Assessment

6.8

The character of the rural landscape varies considerably throughout North Norfolk and is a valued part of the area's heritage. The North Norfolk Landscape Character Assessment (see Part E, Annex 1), completed in 1995, identifies the broad character areas and landscape types which can be found in North Norfolk and provides a guide on how the landscape can be conserved and enhanced.

Agriculture

6.9

Agriculture in all its forms is likely to remain the land use that most influences the physical appearance and character of the countryside, even though significant areas of land are being taken out of agricultural use. Issues concerning agricultural diversification are considered in Chapter 9: Employment.

Agricultural land

6.10

The Council recognises the importance of agriculture and its role in the local economy, and will seek to protect the best and most versatile agricultural land from irreversible development in accordance with Government advice. However, this does not mean that all other agricultural land is available for development.

6.11

Significant areas of Grade 1 agricultural land, as defined by the Ministry of Agriculture, Fisheries and Food (MAFF) on land classification maps, can be found in the east of the Local Plan area. Most of the remainder is classified as Grade 2 or 3.

Policy 22: Agricultural Land - Expired 27/09/2007
Development proposals on sites containing the best and most versatile agricultural land (namely land classified as grade 1, 2 or 3A as defined by the Ministry of Agriculture, Fisheries and Food) which would result in its irreversible loss will not be permitted unless it can be demonstrated that there is no suitable alternative site for the particular purpose on lower grade or non-agricultural land.

Agricultural and Forestry Buildings Constructed Under Permitted Development Rights

6.12

The Town and Country Planning (General Permitted Development) Order 1995, as amended, grants planning permission for a wide range of developments associated with agricultural and forestry uses of land. In certain cases this planning permission cannot be exercised unless an application has been made to the Council for a determination as to whether its approval will be required for certain details.

6.13

This arrangement does not impose full planning controls over the developments to which it applies, as they remain 'permitted development' under the Order. The principle of development will not be relevant, but control can be exercised over siting, design and appearance.

6.14

In operating these controls the Council will have regard to the operational needs of agriculture and forestry and the need to avoid imposing any unnecessary or excessively costly requirements. However, it will also consider the effect of the development on the landscape in terms of visual amenity and the desirability of preserving Scheduled Ancient Monuments and their settings, known archaeological sites, Conservation Areas and their settings, Listed Buildings and their settings, and sites of recognised nature conservation value.

6.15

To ensure consistency of decision-making and to help applicants, the Council has identified the situations in which the submission of details will generally be required; whilst the North Norfolk Design Guide (see Part D) offers advice on the design and siting of agricultural and forestry buildings.

The Broads and its Setting

6.16

The Broads area is of national importance for its natural beauty (which includes its flora, fauna, geological and landscape features) and for affording opportunities for open-air recreation. The broads, dykes, fens, woodlands and grazing marshlands, together with traditionally designed buildings, make the Broads Britain's most unusual and important wetland. The Broads area, an eleventh National Park in all but name, was established in 1989 through the Norfolk and Suffolk Broads Act 1988. In North Norfolk District, the area of the Broads is restricted to the middle section of the River Bure and its two tributaries, the Ant and the Thurne.

6.17

While the Local Plan does not cover the Broads area itself, it does have an interest in the setting of the Broads insofar as it lies within North Norfolk. Views into and out of the Broads can also be affected by development that takes place in the Local Plan area. Given the nature of the Broads landscape, it is particularly important that the appearance and character of its setting is conserved and enhanced in order to maintain the overall enjoyment of the Broads area.

Policy 24: The Broads and its Setting
Development proposals that would be significantly detrimental to the appearance or character of the Broads, or its setting, will not be permitted.

Historic Parks and Gardens

6.18

English Heritage has compiled a 'Register of Parks and Gardens of Special Historic Interest'. No new controls apply to gardens or parks in the register (referred to as Historic Parks and Gardens), nor are existing planning or Listed Building controls affected. However, many of them contain, or are associated with, Listed buildings and, therefore, some Historic Parks and Gardens may be considered to form part of the curtilage of a Listed Building. English Heritage has set up a programme aimed at carrying out a comprehensive review of all registered sites by the year 2000. It also runs an ongoing programme of identifying new sites for inclusion in the register.

6.19

Of the 38 Historic Parks and Gardens identified in the County of Norfolk, 15 are to be found in the Local Plan Area. Three of the Parks have been designated as Conservation Areas which gives the Council additional controls, including those over demolition and the felling of trees.

6.20

In addition to the register compiled by English Heritage, a further 18 Historic Parks and Gardens of local interest have been identified. All Historic Parks and Gardens are listed in Part F, Schedule 8. Historic Parks and Gardens form an important part of North Norfolk's landscape character and heritage.

Policy 25: Historic Parks and Gardens
Development proposals that would be detrimental to the appearance or character of Historic Parks or Gardens, or their settings, will not be permitted.

Undeveloped Coast

6.21

The coast is an important national and international resource. A range of economic and social activities require coastal locations, and certain wildlife habitats and natural and historic landscapes are found in coastal areas.

6.22

Approximately 30% of the coastline in England and Wales is developed. Much of this development took place before the Town and Country Planning Act 1947 came into force, but since then there has been increasing emphasis on protecting and conserving the undeveloped coast for both its landscape value and nature conservation interest.

6.23

The undeveloped coast in North Norfolk is well covered with nature conservation and landscape designations, and policies for resisting development in these areas have largely been effective. However, this situation has tended to concentrate development pressures on those stretches of the coast without such designations.

6.24

The undeveloped coast represents only a small part of North Norfolk and therefore it is reasonable to expect provision for housing, employment and many other activities to be made elsewhere. Indeed, few developments require a coastal location. Given the physical and/or policy constraints that apply to most parts of the undeveloped coast, it should not be expected to accommodate new development that could be satisfactorily located inland or in existing developed areas.

Policy 26: Undeveloped Coast
In the Undeveloped Coast development proposals that do not require a coastal location or would be significantly detrimental to the appearance or character of the area will not be permitted.

Conserving the Landscape Setting of Bypassed Settlements

6.25

The planning of completed and proposed bypasses in North Norfolk (namely the Fakenham bypass and the B1149 Corpusty Link Road respectively) has left substantial areas of countryside between the line of the road and the present extent of the built-up areas of the bypassed settlements. In other parts of the country where development pressures have been particularly high, bypasses have often been viewed - in planning terms - as readily identifiable and defensible limits to the future growth of the bypassed towns and villages. The Council does not consider this to be the case in North Norfolk.

6.26

Travelling along North Norfolk's roads is, for many people, the principal means of appreciating the area's attractive rural landscape. It is therefore important that both existing and proposed bypasses retain their rural settings for the benefit of both residents and visitors. This, in turn, will conserve the landscape settings of the bypassed settlements. Accordingly, the Council will seek to ensure that the long-term expansion of the built-up area of bypassed towns and villages is controlled so as to conserve an area of countryside between the settlement and the full length of the bypass.

Policy 27: Conserving the Landscape Setting of Bypassed Settlements - Expired 27/09/2007
On the periphery of bypassed settlements (including proposed as well as existing bypasses), development proposals should ensure that sufficient land would remain undeveloped in order to conserve the amenity and character of the rural setting of the bypass and the settlement to be bypassed. Where appropriate, additional planting will be required in furtherance of this approach.

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Landscape Features

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Hedgerows, Trees and Woodlands

6.27

Trees and hedgerows make a significant contribution to the appearance and character of North Norfolk's countryside, towns and villages. However, in recent years in particular, many trees and hedges have been lost because of changes in farming practices, the ravages of Dutch Elm Disease, and severe gales.

6.28

The Council will therefore employ measures to protect hedgerows, individual specimen trees, groups of trees and woodlands that are regarded as being important. (NB: In June 1997 the Government brought into force the Hedgerows Regulations 1997 pursuant to the Environment Act 1995. These make provision for the protection of important hedgerows in England and Wales. Although not covered by planning legislation, the Regulations are administered by the Council as district planning authority for North Norfolk.)

The Reuse and Adaptation of Buildings in the Countryside

6.29

An increasing number of rural buildings, mainly agricultural, are becoming redundant through changes in the rural economy. Therefore, there is a need to consider their reuse in order to benefit both the rural economy and the conservation of the countryside.

6.30

However, the Council is concerned that many of North Norfolk's rural buildings are unsuitable for conversion without extensive alteration, rebuilding and/or extension that would prove detrimental to the amenity and character of the local scene. In particular, there is the fear that residential conversions could have harmful effects on the fabric and character of the area's large number of 'historic farm buildings'.

6.31

These buildings, especially old barns, are a distinctive feature of North Norfolk's rural scene, but they have more than a simple landscape value; they have national significance as historical evidence of the first agricultural revolution. The Council, mindful of the unique heritage that the historic farm buildings of North Norfolk constitute, considers that they should be conserved for agricultural or new uses that protect their form and character. In particular, the Council considers that, in appropriate circumstances, carefully-designed proposals for holiday accommodation can protect both the fabric and character of these buildings and benefit the rural economy. Serviced accommodation, self-catering accommodation, camping barns and bunkhouses may all be successfully integrated into the fabric of rural buildings.

6.32

The Government advises local planning authorities to examine proposals for changes to residential use with particular care. New housing development in the Countryside is subject to strict control in order to protect landscape, wildlife and historic features, to reduce the need for car journeys and to minimise the provision for housing in excess of the Structure Plan requirement for North Norfolk. This principle also needs to be applied to proposals for the conversion of existing rural buildings to dwellings. Residential conversions often have a detrimental effect on the fabric and character of rural buildings, and the creation of a residential curtilage (including garden areas, garages and sheds) around a newly converted building can be harmful to the character of the landscape. Furthermore, residential conversions are of minimal benefit to the rural economy. For these reasons, the conversion of rural buildings to residential use will be strictly controlled.

6.33

Where the condition of the building is in doubt, the Council may wish to assist its consideration of a conversion proposal by requiring the applicant to submit a structural survey report on the building(s) concerned. Redundant buildings are liable to fall into disrepair if neglected for too long and this may make them unsuitable for previously approved new uses. The Council will therefore encourage the early implementation of all proposals for new uses that are granted planning permission. Where the Council considers that a building may be vulnerable to deterioration in the short term, it will impose a planning condition on any full planning permission for reuse requiring the commencement of development within two years of approval.

6.34

Rural buildings can provide habitats for barn owls, bats and other protected species. The demolition, renovation or conversion of these buildings can therefore lead to the loss of traditional nesting sites and other habitats, thereby contributing to the loss of endangered wildlife.

6.35

The North Norfolk Design Guide (see Part D) provides detailed advice on the conversion of buildings, especially historic farm buildings.

Important Landscape Features

6.36

Landscape features such as common land, town and village greens, ponds, green lanes and watercourses can make considerable contributions to the amenity and character of both urban and rural landscapes. Accordingly, it is important that these features are protected from the adverse effects of development.

Policy 30: Important Landscape Features - Expired 27/09/2007
Development proposals that would be significantly detrimental to the appearance or character of important landscape features will not be permitted.

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Landscape Enhancement

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6.37

Many of the features that make up North Norfolk's landscapes are in need of positive management to maintain them. In particular, many trees are lost each year through disease and development. Therefore, besides encouraging the protection of existing trees, the Council encourages the replacement of trees and hedgerows, the preparation of management schemes for woodlands and additional planting on unused sites throughout North Norfolk. The Council will undertake such projects itself and in liaison with the County Council, and with local landowners, groups and organisations. Financial assistance may be available for further tree planting from a variety of sources.

6.38

Opportunities exist for landscape enhancement within settlements as well as in the countryside. However, it should be noted that tree planting will not always be of general benefit to the landscape or to nature conservation. Accordingly, consideration should be given to the existing character of the local environment and its wildlife habitat value before preparing landscaping schemes.

Policy 31: Landscape Enhancement - Expired 27/09/2007
The Council will encourage proposals to enhance the landscape, reflecting the North Norfolk Landscape Character Assessment (see Part E, Annex 1), through positive management and additional planting.

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Nature Conservation

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6.39

Wild flora and fauna, and their habitats, and geological and landscape features are important both for their intrinsic value and in meeting the present and future needs of society. These needs include aesthetic value, education, recreation, scientific study and the conservation of biodiversity.

6.40

Over the last fifty years there has been a decline in biodiversity, particularly in the lowland areas of the UK, which is directly attributable to a loss of habitat caused mainly by development and agricultural intensification.

6.41

All areas of countryside and green space within settlements have some nature conservation value; but some sites are of national or international importance, so that local planning decisions can have implications well beyond North Norfolk. Sites of local importance are also of considerable value because they often contribute to an area's sense of place and therefore have a special relevance to local residents.

6.42

Where there is a risk of damage to a designated site, the Council will consider the use of conditions or planning obligations in the interests of nature conservation. Conditions can be used, for example, to require areas to be fenced off to protect them, or to restrict operations or uses to specific times of the year. Planning obligations can be used to secure long-term management, to provide funds for management, or to provide nature conservation features to compensate for any such features lost when development takes place.

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Statutorily Designated Sites of Nature Conservation Importance

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6.43

Environmental problems are of increasing global concern. Of special concern is the loss of natural habitats and wildlife and, in particular, the rate of loss. The acknowledgement that many of these problems require political intervention to secure transboundary solutions has led to a number of international agreements to protect and maintain the biodiversity of the Earth. In Britain, many important sites for nature conservation have been designated under the statutory framework which has been built up since 1949 to safeguard our international, national and local natural heritage. In North Norfolk statutory designations include:

• Sites of International Importance: Ramsar Sites and Special Protection Areas;

• Sites of National Importance: National Nature Reserves and Sites of Special Scientific Interest; and

• Sites of Regional/Local Importance: Local Nature Reserves.

Ramsar Sites

6.44

The United Kingdom is party to the 'Ramsar Convention on Wetlands of International Importance especially as Waterfowl Habitat' (Cmnd. 6464, 1973). This requires the Government to protect wetlands that are of international importance, particularly as waterfowl habitats. The North Norfolk Coast and Broadland are identified as Ramsar Sites (see Part F, Schedule 1).

Special Protection Areas (SPAs) and Special Areas of Conservation (SACs)

6.45

SPAs and SACs are sites of international importance which are intended to protect the habitats of threatened species of wildlife. SPAs are classified under the 'EC Council Directive on the Conservation of Wild Birds: The Birds Directive'. The North Norfolk Coast and Broadland areas are identified as SPAs (see Part F, Schedule 1). SACs are to be designated under the 'EC Council Directive on the Conservation of Natural Habitats and of Wild Fauna and Flora: The Habitats Directive'. The first list of 'candidate' sites has been submitted by the Government to the European Commission. For the purpose of considering development proposals affecting them, candidate SACs included in any list sent to the European Commission attract the same legal protection as if they had already been designated.

6.46

The Conservation (Natural Habitats &c.) Regulations 1994 (known as the Habitats Regulations) came into force on 30 October 1994 and make provision for implementing the Habitats Directive. (NB: The Habitats Directive includes the replacement of certain obligations under the Birds Directive.) In particular, these Regulations require written notification of approval from the Council, as local planning authority, for permitted development granted by the Town and Country Planning (General Permitted Development) Order 1995, as amended, which is likely to have a significant impact on a SPA, SAC or other 'European site' (either alone or in combination with other plans or projects).

National Nature Reserves (NNRs)

6.47

NNRs are areas of national, and sometimes international, importance which are owned or leased by English Nature or bodies approved by it, or are managed in accordance with Nature Reserve Agreements with landowners and occupiers. The essential characteristic of NNRs is that they are primarily used for nature conservation. In North Norfolk the coastal marshes and dunes between Holkham and Blakeney, Hickling Broad and Swanton Novers Great Wood have been identified as NNRs (see Part F, Schedule 2).

Sites of Special Scientific Interest (SSSIs)

6.48

English Nature has designated a number of areas within North Norfolk as SSSIs because of their national, and sometimes international, importance for nature conservation (see Part F, Schedule 3). These have been designated under the provisions of the Wildlife and Countryside Act 1981 and comprise wildlife habitats and geological features.

6.49

All sites of national and international importance on land, including Ramsar Sites, SPAs and candidate SACs, are also notified as SSSIs.

Local Nature Reserves

6.50

Local Nature Reserves (LNRs) are sites of local nature conservation value that make a useful contribution to nature conservation itself and to the opportunities for the public to see, learn about and enjoy wildlife. LNRs have been designated at Felmingham, Hindringham, Knapton, Southrepps and Wiveton (see Part F, Schedule 2).

6.51

The Council will take into account activities, operations and the consequences of development that could damage the nature conservation value of all statutorily designated sites. It is important to appreciate that development beyond the boundary of a site of nature conservation value can have serious repercussions within the site itself. Such indirect impacts may, for example, result from alterations to water tables, water pollution or the disturbance caused by recreational uses. The Council is particularly mindful of the fact that development within the Local Plan area may affect the Norfolk Broads, parts of which are designated as SSSIs and as a Ramsar Site, Special Protection Area and National Nature Reserve.

6.52

English Nature is a statutory consultee on proposals directly affecting a SSSI. However, the Council will also consult English Nature where there is a possibility that a proposal may indirectly affect a SSSI. Where appropriate, the Council will also consult voluntary bodies for the wide range of expertise and valuable advice they are able to contribute.

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Nature Conservation Outside Statutorily Designated Sites

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6.53

North Norfolk's wildlife heritage is not confined to the various statutorily designated sites but is found throughout the countryside and in many urban and coastal areas. Endangered species protected by the Wildlife and Countryside Act 1981 may be found in many places outside the statutorily designated sites.

6.54

In 1986 the Norfolk Wildlife Trust (formerly known as the Norfolk Naturalists' Trust) completed the 'Norfolk Phase I Habitat Survey', which was commissioned by English Nature and financially assisted by the County Council. The survey identified some 1,500 sites of significant conservation interest throughout the County (referred to as County Wildlife Sites) and there have been various additions since.

6.55

In North Norfolk there are over 250 County Wildlife Sites (see Part F, Schedule 4) which include bog and fen, coastal sites, grassland, heath, hedgerows, lakes, parkland, ponds, rivers and woodland. Proposals outside County Wildlife Sites, but likely to cause indirect damage to the sites, will be treated with the same degree of caution as proposals within such sites.

6.56

The Council will also consider the impact of development proposals on other areas of wildlife value that do not benefit from any formal
protection.

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Countryside Management

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6.57

Conflicts between recreation, conservation, agriculture and development in the countryside are becoming more widespread, particularly in areas that are suffering from the stresses imposed by rapid landscape change or concentrations of visitors. To resolve these conflicts the Countryside Commission has promoted the use of countryside management plans. These plans are advisory documents prepared by, or for, those organisations and individuals with a countryside management role in areas of landscape and nature conservation importance.

6.58

Management plans establish common aims and objectives for countryside management within the context of statutory local and structure plans. They recommend positive action for the conservation and enhancement of natural resources, and for promoting compatible social and economic activities, including recreation. Partnership countryside management projects are a recognised means of drawing up and implementing management plans. The Council supports two such initiatives in North Norfolk: the Norfolk Coast Project and the Wensum Valley Project.

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Norfolk Coast Project

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6.59

The Council supports and is a funding partner of the Norfolk Coast Project, which aims to maintain and enhance the natural beauty of the AONB and Heritage Coast by promoting its sustainable use for the benefit of present and future generations and of wildlife itself. The Project promotes the coordinated use of the AONB by developing a partnership between the interests of conservation groups, the people that live and work in the area and those using the area for recreation.

6.60

The North Norfolk Heritage Coast lies within the Norfolk Coast AONB. The Council helped to prepare and implement the 'North Norfolk Heritage Coast Strategy and Management Plan' (1989) which provided a detailed framework for the management of the Heritage Coast. To a large extent this management role is now guided by the Norfolk Coast Project and the 1989 Plan has been superseded by the 'Norfolk Coast AONB Management Strategy' (1998).

6.61

To provide a framework for future recreation and tourism use in the AONB, the Norfolk Coast Project published its 'Visitor Management Strategy for the Norfolk Coast' in January 1995 following public consultation. This will be treated as supplementary planning guidance.

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Wensum Valley Project

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6.62

The Wensum Valley is one of Norfolk's most important river valleys. The river rises in the area of Colkirk and Horningtoft, and flows in a predominantly south-easterly direction into the River Yare at Norwich. The valley is noted for its landscape quality, wildlife conservation interest, and potential for quiet countryside recreation. The Council has entered into a partnership with the Countryside Commission and other local authorities to form a countryside management project.

6.63

The 'Wensum Valley Strategy' document was published in June 1994 following public consultation earlier in the spring of that year. The Strategy presents a framework of policies by which everyone involved in managing the Wensum Valley can take action to secure its special character.

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Planning and the Historic Environment

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6.64

The Council is committed to the concept of sustainable development and this has particular relevance to the preservation of the historic environment, which by its nature is irreplaceable. The physical survivals of our past are to be valued and protected for their own sake, as a central part of our cultural heritage and sense of national and local identity.

6.65

In addition to normal development controls, the Planning (Listed Buildings and Conservation Areas) Act 1990 provides specific protection for buildings and areas of special architectural or historic interest. As a consequence, proposals affecting buildings and areas of historic importance may require Listed Building Consent or Conservation Area Consent in addition to planning permission. If separate applications are required they will be considered concurrently.

6.66

The Local Plan's policies and proposals do not apply to decisions on applications for Listed Building Consent or Conservation Area Consent, since in those areas there is no statutory requirement to have regard to the provisions of the development plan. However, the Council has ensured that aspects of conservation policy that are relevant to development control decisions are included in the Local Plan.

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Listed Buildings

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6.67

Buildings of particular importance are identified by the Secretary of State for Culture, Media and Sport, advised by English Heritage, in a statutory 'List of Buildings of Special Architectural or Historic Interest' (referred to as Listed Buildings).

6.68

Listed Buildings include all buildings built before 1700 that survive in anything like their original state, selected buildings built between 1700 and 1840, and buildings of a definite quality and character built between 1840 and 1914. After 1914 only those buildings of the highest quality are selected and buildings less than 30 years old are only selected if they are of outstanding quality and under threat. It is the age, quality and distinctiveness of a building that qualifies it for listing.

6.69

There are three grades of listing:

• Grade I buildings of exceptional interest;
• Grade II* buildings of special interest that are particularly important; and
• Grade II buildings of special interest.

6.70

Once a building is Listed (or is the subject of a Building Preservation Notice), the legislation provides that consent is normally required for its demolition, and for any works of alteration or extension which would affect its character as a building of special architectural or historic interest. Most objects or structures within the curtilage of a Listed Building, together with internal features such as fireplaces, mouldings and staircases, are protected. Some external features may also be protected if these were put in place as part of the overall architectural design. Owners are primarily responsible for the protection of Listed Buildings and individuals who undertake unauthorised works, including repairs that affect the character of the building, are guilty of a criminal offence.

6.71

There are over 2,000 Listed Building entries in the Department of the Environment, Transport and the Regions' 'Green Back' list for North Norfolk, of which almost 100 are Grade 1 (see Fig. 7). Since many buildings so listed are subdivided into separate properties, the actual number of individual properties subject to Listed Building controls in North Norfolk is considerably higher than this figure. Detailed information on Listed Buildings in North Norfolk is contained in the North Norfolk Design Guide (see Part D).

Preservation of Listed Buildings

6.72

Section 16 of the Planning (Listed Buildings and Conservation Areas) Act 1990, as amended, places a duty on the Council to have special regard to the desirability of preserving the building or its setting or any features of special architectural or historic interest that it possesses.

Policy 35: Preservation of Listed Buildings - Expired 27/09/2007
The Council will seek to ensure the preservation of all Listed Buildings and their settings.

Change of Use

6.73

Vacant, derelict Listed Buildings represent a wasted asset. Positive conservation can revitalise these buildings, and remove unsightly dereliction from the rural and urban scene. This may be achieved by finding suitable alternative uses for such buildings.

6.74

The best use for a Listed Building is that for which it was originally designed, and where possible that use should be encouraged to continue. Where this is not possible, alternative uses that preserve the architectural or historical features of the building may be acceptable. The optimum use of a Listed Building may not be the most profitable. If a building is so sensitive that it cannot sustain any alterations to keep it in viable economic use, its future may nevertheless be secured by charitable or community ownership, preserved for its own sake for local people and for the visiting public, where possible with non-destructive opportunity uses such as meeting rooms. Buildings preserved in this manner can make a contribution to community life, local education, and the local economy.

Policy 36: Change of Use of Listed Buildings
Where it is demonstrated that the present use of a Listed Building cannot secure its survival, sympathetic consideration will be given to development proposals for its change of use that will preserve the special architectural or historic interest of the building and safeguard its setting.

Alterations and Extensions

6.75

While the most important attributes of a Listed Building are noted in the description of the building in the statutory list, even quite minor interior or exterior works (such as replacing windows, doors or rainwater goods, and even painting a Listed Building) may require Listed Building Consent. All alterations must be sympathetic to the appearance and character of Listed Buildings. Although some flexibility is needed in dealing with alterations and extensions to Listed Buildings, the preservation of façades alone is not acceptable and all alterations must be sympathetic to the appearance and character of the whole building. Furthermore, the cumulative effect of alterations should be taken into account.

6.76

People with disabilities should have easy and dignified entrance to, and movement within, buildings of historic interest (see Policy 15: Access for People with Disabilities to Non-Domestic Buildings). In many cases, this may be achieved through the reorganisation of entrances and internal spaces.

Policy 37: Alterations and Extensions to Listed Buildings
Development proposals for alterations or extensions that would be detrimental to the character of a Listed Building will not be permitted.

Demolition

6.77

Listed Building Consent is normally required for the demolition of a Listed Building. Such applications often have to be referred to the Secretary of State.

6.78

Listed buildings represent an irreplaceable asset to the historic built environment of North Norfolk. As custodians of these buildings the Council will operate a general presumption in favour of their preservation. Priority will be given to protecting Listed Buildings from unnecessary demolition or unsuitable and insensitive alteration. Proposals involving the demolition of a Listed Building will be carefully scrutinised and consent only granted in exceptional circumstances.

6.79

The following criteria will be used in assessing applications for the total or substantial demolition of a Listed Building:

1. the condition of the building and the cost of its repair and maintenance in relation to its importance and value; if the building has been deliberately neglected, less weight will be given to the consideration of repair costs;
2. the adequacy of efforts made to retain the building in use; and
3. the merits of alternative proposals. In such cases developers will need to demonstrate that their proposals will result in a community benefit that clearly outweighs the presumption in favour of preservation. New development should normally aim to incorporate Listed Buildings rather than replace them.

6.80

The destruction of a historic building will not be permitted judged solely on the condition of the building. Even where a building is substantially decayed strong evidence must be provided showing that every effort has been made to continue the existing use or to find suitable alternative uses for the building. In addition, the applicant must show that it is not possible to maintain the building through some form of communal or charitable ownership and that redevelopment would result in substantial benefits for the community that would outweigh the loss of the building.

6.81

Where demolition is acceptable proposals should include suitable redevelopment plans. Where appropriate, a condition will be attached to a Listed Building Consent requiring the retention or recording of any hidden feature(s). Alternatively, consent may be granted for exploratory work prior to granting Listed Building Consent for the main works.

6.82

The Royal Commission on the Historical Monuments of England will be notified of all proposals for the demolition of a Listed Building, or for the radical alteration of the exterior of a Listed Building or the loss of works of significance on the interior of a Listed Building.

6.83

While requiring Listed Building Consent, the demolition of a Listed Building does not always constitute development which requires planning permission. However, demolition seldom takes place without proposals for new building which do require planning permission. In these circumstances, the need for the demolition of a Listed Building will affect the Council's decision on a related application for planning permission.

Policy 38: Demolition of Listed Buildings
There will be a general presumption in favour of the preservation of Listed Buildings. The Council will not grant planning permission for development involving the demolition of a Listed Building other than in the most exceptional circumstances, and in any case, not unless it is satisfied that every possible effort has been made to continue the present use or find an alternative use.

Development near Listed Buildings

6.84

The landscape and buildings surrounding a Listed Building may contribute to its setting. This setting needs to be protected to ensure that new development near a Listed Building does not harm its character, even if the setting is not mentioned in the statutory listing. New development should therefore take account of the fundamental architectural principles of scale, height, bulk, alignment and the use of appropriate materials (see Part D: North Norfolk Design Guide).

6.85

In this respect the curtilage of the Listed Building is particularly important, especially where the garden or grounds have been laid out as an integral part of the design and layout of the property (see also Policy 25: Historic Parks and Gardens).

Buildings at Risk

6.86

Where a Listed Building is at risk from neglect or inappropriate change the Council has the power to secure its preservation by serving a Repairs Notice on the owner (and compulsorily acquiring the building if the required repairs are not undertaken) or carrying out urgent repair work. Since 1988, the County Council has published a register of 'Historic Buildings at Risk in Norfolk'. The Council will continue to collaborate closely in the preparation of the register and will take remedial action in respect of Listed Buildings in North Norfolk that appear on the register. An independent trust for the conservation of historic buildings in North Norfolk has been established.

Policy 40: Listed Buildings at Risk - Expired 27/09/2007
The Council will make full use of available legislation to prevent Listed Buildings being inappropriately altered or becoming derelict. The Council will ensure that a register of 'buildings at risk' is prepared and will monitor the condition of those buildings. Where appropriate, the Council will seek new uses for Listed Buildings in cooperation with their owners.

Building Preservation Notices

6.87

Occasionally, buildings of historic or architectural importance are omitted from the statutory list. In these circumstances, the Council can either take steps to 'spot list' the property or serve a Building Preservation Notice.

6.88

Building Preservation Notices take effect immediately and are valid for six months; they are therefore particularly useful in preventing demolition. Spot listing requires the submission of previously unknown evidence of the architectural or historic interest of the building to the Secretary of State for Culture, Media and Sport.

Policy 41: Building Preservation Notices - Expired 27/09/2007
The Council will, where appropriate, serve Building Preservation Notices under Section 3 of the Planning (Listed Buildings and Conservation Areas) Act 1990, as amended, to protect unlisted buildings of architectural or historic interest that are affected by proposals for demolition or alteration. Alternatively, or in addition, the Council will request the Secretary of State for Culture, Media and Sport to include such buildings on the statutory list.

Churches

6.89

Ecclesiastical buildings used for ecclesiastical purposes are exempt from the usual Listed Building and Conservation Area controls. This rule applies to the Church of England and other denominations with an acceptable internal system of control. Some ecclesiastical buildings may no longer be required or may be unsuitable for congregations and it may therefore be necessary for a church to be declared redundant. This is achieved by the 'Pastoral Measure' and once issued, the building will come under the normal Conservation Area and Listed Building controls.

6.90

Where a church is to be demolished, the Secretary of State can hold a non-statutory public local inquiry, at which the financial implications of retaining the building will be considered amongst other architectural and historic issues. Where repairs or alterations are to take place, the denominational authority will impose conditions requiring the proper recording of the site.

6.91

Once a church building has become redundant, there are a range of uses to which it can be suitably converted; for example, it may be suitable for a variety of social and community purposes, such as meetings, indoor sports and evening classes.

Grants

6.92

The Council awards grants towards the repair of certain historic buildings to help offset the cost of using traditional materials or employing a higher standard of craftsmanship in order to preserve the historic or architectural interest of a property.

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Conservation Areas

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6.93

The Council can designate Conservation Areas under Section 69 of the Planning (Listed Buildings and Conservation Areas) Act 1990, as amended. A Conservation Area is an area of special architectural or historic interest, the character or appearance of which it is desirable to preserve or enhance. Consequently, Conservation Areas are of many different kinds. They vary widely in size and content, from the traditional medieval settlement cores to extensive rural landscapes such as the Glaven Valley and the Mannington and Wolterton Estates. However, the majority of Conservation Areas relate to the built environment of villages and towns. These may be large or small, and range from whole town centres to terraces and smaller groups of buildings. They will often be centred upon Listed Buildings. Important groups of other buildings, open spaces, trees, historic street patterns and village greens can all contribute to the special character of an area which merits designation as a Conservation Area.

6.94

Conservation Area designation gives the Council additional control over the demolition of buildings, the felling of trees and the design of new buildings.

6.95

There are 80 designated Conservation Areas in North Norfolk (see Part F, Schedule 5).

6.96

In assessing the suitability of an area for Conservation Area status, the following factors will be taken into account: topography; historical development; archaeological significance and potential; building materials; character and hierarchy of spaces; and the relationship of buildings with trees and other green features.

New Development

6.97

Section 72 of the Planning (Listed Buildings and Conservation Areas) Act 1990, as amended, places a general duty on the Council to pay special attention to the desirability of preserving or enhancing the character or appearance of its Conservation Areas.

6.98

To gauge the effect that development would have upon the character or appearance of a Conservation Area, the Council will require all applications for development in Conservation Areas to show full details of the external appearance of the proposal together with siting, design, means of access and landscaping. Detailed design advice is given in the North Norfolk Design Guide (see Part D).

6.99

Landscape and buildings surrounding a Conservation Area can contribute to its setting and provide attractive views into and out of the Conservation Area. These views and the overall setting need to be protected to ensure that new development in the vicinity does not harm the character or appearance of the Conservation Area.

Policy 42: Development in Conservation Areas
Within Conservation Areas development proposals will not be permitted unless they preserve or enhance the appearance or character of the Conservation Area. Development proposals affecting the setting of a Conservation Area or views into or out of the Conservation Area will be considered against the same criteria.

Demolition

6.100

Conservation Area designation introduces control over the demolition of most buildings within Conservation Areas. Many buildings or structures may be of little architectural or historic merit in themselves, for example boundary walls, yet they can make a significant contribution to the appearance and character of Conservation Areas. The loss of such buildings or structures can therefore do demonstrable harm to the quality of a Conservation Area. Even where buildings make little or no contribution to the appearance or character of a Conservation Area, the Council will be concerned about what is proposed for the site after demolition. Accordingly, the Council will not grant consent for demolition unless there are acceptable and detailed plans for redevelopment or reuse.

6.101

As with the demolition of Listed Buildings, the demolition of a building in a Conservation Area does not always constitute development which requires planning permission. However, demolition seldom takes place without a proposal for new building which does require planning permission. In these circumstances, the need for the demolition of a building or structure in a Conservation Area will affect the Council's decision on a related application for planning permission.

The Management of Conservation Areas

6.102

The appearance and character of a Conservation Area can be seriously harmed by inappropriate or poor quality development that is permitted by the Secretary of State by virtue of the Town and Country Planning (General Permitted Development) Order 1995, as amended, and therefore does not require planning permission. Such permitted development can include the erection of boundary walls, the replacement of windows and doors, re-roofing and the installation of satellite antennas. The Council will therefore employ various measures to control development that would be detrimental to a Conservation Area, including the minimal withdrawal of permitted development rights as defined by the Town and Country Planning (General Permitted Development) Order 1995, as amended.

6.103

The Council also has a duty to formulate and publish proposals for the enhancement of its Conservation Areas. Accordingly, Conservation Area Enhancement Statements will be produced by the Council and will be used in addition to the Local Plan in making decisions on applications for Conservation Area Consent and planning permission. These will clearly set out the proposals for the enhancement of the area.

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Archaeology

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6.104

Archaeological remains are irreplaceable. They are evidence of the past development of our civilisation. Some nationally important sites are given special protection as 'Scheduled Ancient Monuments' under the Ancient Monuments and Archaeological Areas Act 1979, as amended. Scheduled Monument Consent is required for any development liable to affect a Scheduled Ancient Monument in addition to any planning permission required for such a proposal. The Secretary of State is responsible for deciding applications for Scheduled Monument Consent, in consultation with English Heritage. Where a building is both a Listed Building and a Scheduled Ancient Monument, scheduling takes priority.

6.105

Besides Scheduled Ancient Monuments, North Norfolk contains other sites of regional and local archaeological importance. All archaeological remains are important for research, education, leisure and tourism. It is therefore necessary to safeguard important sites and their settings and to ensure the recording of other sites before their destruction or alteration.

6.106

The Council will seek the preservation in situ of nationally important remains and development which would adversely affect their site or setting will not be permitted. In the case of sites of lesser importance, the Council will consider preservation in situ as the first option although excavation and recording may be acceptable depending on the merits of the remains, the nature of the development and other material planning considerations.

6.107

On sites where research suggests that important archaeological remains may exist, the Council may request the prospective developer to arrange for an archaeological field evaluation to be carried out before any decision on the planning application is taken, so that an informed and reasonable planning decision can be taken. In the light of the evaluation the Council will consider whether or not any revisions to the scheme are necessary to protect the archaeological interest of the site.

6.108

On sites of archaeological interest where there is no overriding case for preservation, judged on the results of an evaluation of the impacts of a development, planning permission will not be granted unless satisfactory provision has been made for excavation, recording and publication of results.

6.109

The Council's archaeological policy applies to Scheduled Ancient Monuments and other sites or structures of archaeological or historical significance. It is based upon the 'County Sites and Monuments Record' maintained by the County Council's Norfolk Museum Service (Landscape Archaeology Section) at Gressenhall. The Section has a statutory responsibility for holding a copy of the Sites and Monuments Record under the Town and Country Planning (General Permitted Development) Order 1995, as amended, and provides specialist advice on all archaeological matters, including the likelihood of there being any archaeological interest in an area of land proposed for development. The Council maintains close consultation with the Section in order to obtain appropriate advice on matters relating to archaeological sites affected by development proposals. This consultation ensures that archaeological interests are protected at an early stage in the planning process.

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