5 Urban Conservation and Archaeology

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  PART ONE

SP4 The Council will:

1. Preserve or enhance areas of recognised and valued character or special interest
2. Prevent the loss in the identity of different parts of the Borough including conservation areas and Local Areas of Special Character, and publish Proposals Statements for all conservation areas.
3. Preserve or enhance listed buildings and their setting, and historic parks and gardens
4. Use legislative powers to secure improvements to areas and repairs to buildings, and to impose Article 4 Directions when needed.
5. Seek to retain buildings on the Local List which contribute to the character of an area
6. Promote the conservation, protection and enhancement of the archaeological heritage of the Borough and its interpretation and presentation to the community.'

REASONS FOR PART ONE

5.1 Local Authorities are a key influence in shaping the environment and have a crucial leading role in the conservation, protection and enhancement of the historic environment. This commitment acknowledges the statutory duties imposed by the Planning (Listed Buildings and Conservation Areas) Act 1990. Section 72 of the Planning (Listed Buildings and Conservation Areas) Act 1990 imposes a duty on Local Authorities to have special regard for the preservation or enhancement of Conservation Areas. Section 66 and 73 require Local Authorities to have special regard to the Listed Buildings and Conservation Areas when making planning decisions.

5.2 The preparation of proposals for the preservation and enhancement of Conservation Areas is a statutory duty and the Council has accordingly published policy statements for each designated area. However, more comprehensive statements are desirable with an increased emphasis on proposals for enhancement, implementation of improvements, detailed design guidance and enforcement. The Council’s reasoning for designating a conservation area, as demonstrated by an appraisal, will be taken into account as a material consideration when assessing an application within the Conservation Area concerned and in the determination of appeals. Subjects covered by comprehensive statements will vary depending on the nature of the Conservation Area concerned but generally cover matters such as building frontages, shop fronts, advertisements, street furniture, landscape, traffic management and car parking. Proposals statements also include an assessment of the elements that contribute to each area’s special interest, including identification of unlisted buildings, which make a positive contribution to the character, or appearance of the area. The review of proposals statements will be carried out in consultation with local amenity groups and residents, commercial interests and other relevant bodies.

5.3 Much of the public domain within Conservation Areas, including roads, footways, open spaces and street furniture, is the direct responsibility of the Council. The Council has already undertaken significant improvements within most Conservation Areas and will continue to support their further enhancement by implementing environmental improvement programmes.

5.4 Where appropriate, the Council will use legislation to ensure that important buildings within Conservation Areas are adequately repaired and maintained. In addition, the Council may consider seeking directions to restrict certain development in areas particularly sensitive to change. Even minor changes to dwelling houses in Conservation Areas carried out as ‘permitted development’ or changes to retail signage under the ‘deemed consent’ provisions of the Town and Country Planning (Control of Advertisements) Regulations 1992 (as amended) can erode the character of a Conservation Area over time and lead to its demise. The Council will, therefore, seek to impose Article 4(2) Directions under the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (as amended) and Areas of Special Advertisement Control under the provisions of the Town and Country Planning (Control of Advertisements) Regulations 1992 (as amended).

5.5 Over 130 buildings and structures in the Borough are included in the Statutory List of Buildings of Special Architectural or Historic Interest. These make a significant contribution to the Borough’s heritage and their retention and preservation is of great importance.

5.6 The Council will make recommendations to the Department of Culture, Media and Sport to statutorily list buildings, structures, monuments and other elements of the built environment of special architectural or historic interest and will serve Building Preservation Notices to protect those buildings and structures in danger of demolition or alteration. Where it appears to the Council that a non-listed building which satisfies the published criteria for statutory listing is threatened with demolition or alteration affecting its character, the Council may serve a Building Preservation Notice to give protection pending a decision on its listing by the Secretary of State.

5.7 Those who own, occupy or manage historic buildings are encouraged to keep their buildings in a good state of repair and seek expert advice. The Council will continue to provide specialist advice to owners on the maintenance, repair and restoration. Where it is considered that buildings have fallen into unreasonable disrepair, the Council does have the power to take action where it is considered that the historic building has deteriorated to such at extent that its preservation is at risk. Section 48 of the Planning (Listed Buildings and Conservation Areas) Act 1990 enables the Council or English Heritage to serve a Repairs Notice on the owner of a listed building or under Section 54, the service of an Urgent Repairs Notice.

5.8 The Council places a high priority on maintaining not only Conservation Areas and Listed Buildings, but also on maintaining and enhancing visually attractive areas of the Borough through the designation of Local Areas of Special Character and identifying buildings which may not meet the criteria for listed status but nevertheless are important to the local area. In addition, the Council does embark on environmental enhancement projects in order to improve the image and quality of poorer areas in the Borough.

5.9 Archaeological remains are the main surviving evidence of Croydon’s past. They are important to local identity, and are valuable for their role in education, recreation and tourism. Archaeological remains are a finite and fragile resource, easily destroyed by development. Once they have gone, part of the Borough’s past is lost forever. The Council endorses the advice set out in PPG16 (1990) and English Heritage guidance.

Designation of Conservation Areas

UC1 Where appropriate the Council will designate new Conservation Areas and extend existing Conservation Areas where it is considered such areas are of special architectural or historic interest, the character or appearance of which it is desirable to preserve or enhance. Conservation Areas shall meet one or more of the following criteria:

1. a special character that stems from historical associations with notable people or events, or from features which illustrate important aspects of social, economic, cultural or military history;
2. a high architectural quality, often including statutorily or locally listed buildings;
3. a spatial quality or general layout of special character, associated with high architectural quality.

5.10 The Council has designated 12 Conservation Areas, which are listed below and shown on the Proposals Map and Map 2 at the end of this Chapter.

5.11 The designations of new Conservation Areas shall form part of a continual review of the Borough’s built heritage. The Council has prepared supplementary planning guidance in the form of Conservation Area Proposals Statements for Central Croydon, Harold Road and a draft for Parish Church. The Statements provide guidelines for development, advice on maintenance and repair and enhancement proposals. These statements carry significant weight in determining applications for both planning permission and Conservation Area or Listed Building Consent. Statements are to be prepared for the remaining conservation areas within the Borough. The preparation of guidelines is important both as a guide to enhancing these areas and also to assist applicants in designing new buildings and alterations to existing buildings. Conservation Areas and extensions to existing areas will be designated after consideration of advice from interested groups and following a period of public consultation.

Control of Demolition in Conservation Areas

UC2 The Council will not grant Conservation Area Consent for the demolition or partial demolition of buildings unless the building/s:

1. makes no positive contribution to the character and appearance of the conservation area; and
2. are beyond economical repair; and
3. re-use has been adequately investigated.

Where it is demonstrated that the building/s make no contribution to the character of the area and there are full, acceptable and detailed plans for the site of the building to be demolished or partially demolished, consent will be granted subject to conditions linking demolition to the implementation of an approved redevelopment scheme.

5.12 The Conservation Area designation introduces control over demolition of buildings within Conservation Areas. As stated in Planning Policy Guidance PPG15: Planning and the Historic Environment (1990) there is a “general presumption in favour of retaining buildings which make a positive contribution to the character or appearance of a conservation area”. The Council, in determining such applications will take into account the part played in the architectural or historic interest of the area by the building that is proposed for demolition. The wider effects of the building’s demolition on its surroundings and the conservation area as a whole will be an important consideration. As stated in PPG15, Para. 4.27, proposals to demolish buildings in Conservation Areas will be judged against the criteria as per listed buildings (PPG15, paragraph 3.5(iii) and paragraphs 3.16-3.19)

5.13 Where it can be justified that reuse is not possible and the demolition of a building is acceptable, the Council will only grant consent if a suitable replacement building is assured. The Council will therefore, impose a condition on the grant of consent to ensure that demolition shall not take place until a contract for carrying out the works of redevelopment has been made and planning permission has been obtained for the satisfactory redevelopment of the site. This is to ensure that unsightly gaps in the conservation area are avoided.

Development Proposals in Conservation Areas

UC3 Development will only be permitted if all the following criteria are met.

1. It can be demonstrated that the proposal pays special attention to scale, height and massing, historic building lines, traditional patterns of frontages, vertical or horizontal emphasis, plot widths, detailed design and traditional use of materials and detailing.
2. If outside a Conservation Area, the proposal does not affect its setting or views in and out of the conservation area.
3. Existing traditional features including boundary walls, ground surfaces, shopfronts and street furniture are retained and where necessary restored.
4. Boundary treatments such as walls, gates and fences are of the type traditionally used in that area.
5. Open spaces, trees, hedgerows and other landscape features contributing to the character of the area are retained and protected.
6. The character of the area would not be adv ersely affected because of the traffic generation, vehicle parking and servicing, or noise.

5.14 The Council wishes to emphasise the particular importance that it places on ensuring sympathetic design of development within Conservation Areas. Conservation Area Proposals Statements provide additional guidance regarding the character or appearance of the area, which should be preserved or enhanced. In submitting applications which affect buildings within or adjacent to Conservation Areas, applicants will be expected to submit sufficiently detailed drawings and supporting information to enable the proposals to be fully assessed. Drawings should show the proposed building/development in its context, thus including details of the adjacent building and streetscene. The submission of photographs with applications is also encouraged. Policy UD1 contains details of further information that should accompany applications for planning permission. Applications for Outline Planning Permission within a conservation area are unlikely to be acceptable.

5.15 Many buildings, both listed and unlisted, make a contribution to the character or appearance of such areas. There is therefore, a general presumption in favour of retaining buildings and structures that make a positive contribution to the character or appearance of a conservation area. Where it is demonstrated that buildings/structures make no contribution at all and that is agreed with the Council, such buildings or part thereof could be replaced wholly or partly with suitable new development making a valuable contribution to the area. The Council will need to be satisfied that the detailed form and appearance of development is acceptable and wherever necessary will use available powers to ensure that full details are submitted. This applies not only to some cases involving demolition of unlisted buildings and structures but also to proposals involving infill, alteration or extension of an existing building.

5.16 It therefore follows that alterations and extensions to buildings in conservation areas must preserve or enhance the character and appearance of the area. Views from surrounding buildings and other locations such as higher ground may be important. Extensions are generally added to the rear and sides of buildings and should relate satisfactorily to the building itself and the streetscene forming part of the conservation area. Where alterations relate to roofs, they should always respect and compliment the appearance of the existing building, the streetscene and skyline. Where alterations or extensions adversely affect the character and appearance of the building in question, the streetscene and skyline forming part of a Conservation Area, they will not be acceptable. Buildings adjacent to boundaries are also important and may affect the character or appearance of Conservation Areas including its setting, or views into or out of the area.

5.17 Where planning permission is required for external works including the replacement of traditional windows, materials or where new buildings are proposed, the use of non-traditional material will not be acceptable, for example Upvc or aluminium windows or doors. Generally, all alterations or extensions should be carried out in materials to match existing or in keeping with the character and appearance of conservation areas.

Changes of Use in Conservation Areas

UC4 A change of use of a building in a conservation area will be permitted if it secures the retention of a building which contributes to the character or appearance of the area provided that:

1. The new use will not require any changes in the appearance or setting of the building other than those which will preserve or enhance its contribution to the character or appearance of the area; and
2. The new use will not cause any harm to the surrounding area because of traffic generation, vehicle parking and servicing, or noise.

5.18 Uses that are associated with particular buildings or areas may be vitally important to the character and perception of those areas. In some cases it is the uses that create the character and vitality and may have long functional relationships with a particular area, such as Surrey Street and market. Therefore care should be taken when considering applications for new uses in Conservation Areas.

Local Areas of Special Character

UC5 Development which would harm the individual character, quality and setting of the Local Areas of Special Character as defined on the Proposals Map will not be permitted.

5.19 There are many older areas of the Borough that, although unlikely to meet the criteria for designation as Conservation Areas, possess sufficient architectural, townscape and environmental quality to make them of significant local value. A Local Area of Special Character will normally have to meet one or more of the following criteria:

1. an area or group of buildings that have an overall character with identifiable or distinctive features (e.g. details, decoration and materials) that are worthy of preservation;
2. an area or group of buildings that are a good and well preserved example of a particular style of architecture;
3. an area or group of buildings of particular character, built as a single development over a short period of time;
4. an area or group of buildings that represents a good example of a particular style or age of housing;
5. an urban area that is distinguished by the quality or extent of its landscape; and
6. an area that is distinguished from the surrounding area by the planned layout of its road pattern combined with a consistent style of architecture.

5.20 These criteria differ from Conservation Area selection criteria in that they recognise particularly good examples of more familiar types of development as opposed to the more outstanding quality required for Conservation Area designation.

5.21 In Local Areas of Special Character, there will be an emphasis through negotiation, on encouraging the retention and restoration of buildings contributing to the character of such areas. The disruption of scale and rhythm through insensitive development will be resisted.

5.22 Twenty-four Local Areas of Special Character have been identified as meeting these criteria and an emphasis is placed on their improvement. Some areas suffer from environmental problems such as traffic congestion or inadequate parking facilities, lack of street trees, inappropriate advertisements or poorly maintained buildings and in these cases proposals to alleviate such problems will be identified. The Council has published supplementary planning guidance on ten areas. It will consider preparing guidance on the remaining fourteen (two are in draft form). Further guidance may also be produced on new or revised areas, following a review of the existing built environment.

5.23 Over 130 buildings and structures in the Borough are included in the Statutory List of Buildings of Special Architectural or Historic Interest. These make a significant contribution to the Borough’s heritage and their retention and preservation is of great importance.

5.24 The Council will make recommendations to the Department of Culture, Media and Sport to statutorily list buildings, structures, monuments and other elements of the built environment of special architectural or historic interest and will serve Building Preservation Notices to protect those buildings and structures in danger of demolition or alteration. Where it appears to the Council that a non-listed building which satisfies the published criteria for statutory listing is threatened with demolition or alteration affecting its character, the Council may serve a Building Preservation Notice to give protection pending a decision on its listing by the Secretary of State.

Alterations and Extensions to Listed Buildings

UC6 Development involving proposals to extend or alter a listed building, or any feature of special architectural or historic interest which contributes to the reasons for its listing, or works within the cartilage, will not be permitted unless it would preserve the building, its setting and any features or special architectural or historic interest the building possesses.

5.25 The Council considers that listed buildings make an important contribution to the heritage of the Borough and its townscape and attaches the utmost importance to their preservation, protection and correct maintenance. The character of listed buildings and their contribution to the townscape can be severely reduced as a result of insensitive alteration or extension. Some listed buildings can sustain a degree of sensitive alteration or extension but cumulative changes can be destroy and erode a building’s special interest over time and the very reasons for the listing in the first instance. However, a proper balance needs to be achieved between the special interest of a listed building and proposals for alteration or extension.

5.26 In considering proposals for works to listed buildings, special attention will be paid to preserving architectural features of special interest and to the scale, proportions, design and materials of such works in relation to the existing building. All works will be required to be carried out to the highest standards, under proper supervision and by specialist labour where appropriate. In addition to the Croydon Plan Policies, the Council will refer to Planning Policy Guidance 15: Planning and the Historic Environment (1990) and the Town and Country Planning (Listed Buildings and Conservation Areas) Act 1990.

5.27 PPG15 states that ‘Applicants for listed building consent must be able to justify their proposals. They will need to show why works that affect the character of a listed building’ internally or externally ‘are desirable or necessary’. In seeking to demonstrate such works/ alterations, applicants should submit sufficient information to enable the ‘likely impact’ of the ‘proposals on the special architectural or historic interest of the building and on its setting’ to be fully assessed. Schemes must be drawn up in detail and drawings show the proposed development in its context and setting. This includes works required under other legislation or by another authority.

5.28 In determining applications for Listed Building Consent, considerations that will be taken into account include:

• the importance of the building, its intrinsic special architectural and/or historic interest and rarity
• particular physical features of the building, internally and externally
• the building’s setting and its contribution to the local scene
• the extent to which the proposed works would bring substantial benefits to the community

Control over the Demolition of Listed Buildings

UC7 The Council will refuse consent for the demolition or partial demolition of any listed building and will use all available powers to preserve their character and appearance. Where, exceptionally, demolition is permitted the Council will impose conditions to ensure that the existing structure is measured and recorded, and important features are salvaged for reuse.

5.29 It is an objective of the Government and the Council to secure the preservation of listed buildings and the general presumption is that all buildings on the statutory list will be preserved because of their architectural and/or historic interest. As indicated by PPG15, there may be a few exceptional cases where demolition is unavoidable where the balance of needs on planning grounds and comparative quality of the existing and proposed buildings are such that permission for demolition or part demolition may be granted subject to the approval of the Secretary of State. Such cases will also be referred to English Heritage for consideration. In submitting applications for partial (internal or external alterations) or total demolition, applicants will be required to provide a statement of justification related to: the condition of the building; the cost of repairing and maintaining it in relation to its importance as a listed building and the value to be derived from its continued use based on consistent and long-term assumptions; that adequate real efforts have been made to retain the building in its present use or to find compatible alternative uses for the building (as advised by PPG15, “this should include the offer of the unrestricted freehold of the building on the open market at a realistic price reflecting the building’s condition); the merits of alternative proposals including an option incorporating the listed building within the new development.

5.30 Where is it clear that a listed building has been deliberately neglected in order to obtain consent for demolition, less weight will be given to the cost of repairs.

Use of Listed Buildings

UC8 The Council will encourage the retention of listed buildings in their original use. Where the Council is satisfied that a change of use is necessary to preserve a building, uses which would not adversely affect its architectural or historic character or its setting will be encouraged. The implications of complying with other statutory requirements, e.g. fire escapes, accessibility, will be taken into account in determining applications for change of use.

5.31 Generally the original use for which an historic building was designed and built should be continued and sound reasons will be required for any changes. Not all original uses will be viable today as the nature of uses can change over time and become less compatible. In cases where the Council is satisfied, based on economic and structural evidence that another use is needed to ensure the retention of a building, it may allow uses that would not normally be approved under land use policies and objectives. PPG15 advises that judging the best use for a listed building requires an important and sensitive assessment, including balancing the economic viability of possible uses against the effect of any changes. The intention should be to identify the optimum viable use which is compatible with the fabric, interior and setting of the building, although this may not equate with the most profitable use, if that use would entail more destructive alterations than other, less profitable, uses.

5.32 If physical works will be necessary to accommodate a new use, the Council may refuse to consider planning applications for change of use without an associated listed building application.

Buildings on the Local List

UC9 In considering schemes affecting buildings on the Local List, which do not enjoy the full protection of statutory listing, substantial weight will be given to the benefit of protecting and conserving the particular interest that accounts for their designation.

5.33 There are a large number of individual buildings or groups of buildings, throughout the Borough that, although not of sufficient quality to warrant statutory listing, are worthy of inclusion on the Local List. All locally listed buildings should satisfy at least two of the following criteria:

• Authenticity: Buildings and groups selected for the local list should be substantially unaltered and retain the majority of their original features;
• Architectural significance: Buildings which are of good architectural quality or are good examples of a particular building type;
• Historical significance: Buildings which represent specific architectural and social building periods or which are associated with, local historical events, the development of Croydon, well known people or noted designers; and
• Technical significance: Buildings that display exceptional innovation and craftsmanship.
• Townscape Value: Buildings and/or groups of buildings which due to their form, massing, appearance and positive role in the streetscene, such as key corner buildings, local landmarks, uniformly designed terraces.

5.34 Although these buildings lack the protection afforded by statutory listing the Council acknowledges their value in terms of design, interest or townscape value. In order to enable the Council to keep the list under review and either add or delete buildings to it at more regular intervals; the list now forms the basis for separate supplementary planning guidance. From time to time the Council will refer Local List buildings that it finds to be of greater quality to the Department of Culture, Media and Sport so that consideration can be given to whether they should be statutorily listed. It should be noted that the reference to buildings also includes structures such as milestones, horse troughs and post boxes.

5.35 The Council will endeavour to protect buildings on the local list, because their loss would be detrimental to the appearance, character and townscape quality of the borough. Where demolition is proposed, it should be demonstrated that all reasonable attempts have been made to retain the building. Where retention proves impractical, the Council will require that a photographic record of the building is made prior to demolition and submitted to the Council for record purposes.

5.36 In addition to the intrinsic qualities of buildings on the local list, their setting may also enhance the appearance of the building. The Council will consequently seek to protect the character and setting of such buildings.

Historic Parks and Gardens

UC10 The Council will protect and enhance parks and gardens that are part of the Boroughs historical heritage by inclusion either in English Heritage’s Register of Parks and Gardens of Historic Interest, or in the schedule of parks of local interest and will resist development proposals which would adversely affect the character or appearance which led to their inclusion in either category.

5.37 Some parks and gardens are part of the Borough's historic heritage, as well as being important landscape features. English Heritage has compiled a Register of Parks and Gardens of Historic Interest, which includes, land at Addington Palace and Norwood Grove. Unlike the list of buildings of special architectural or historic interest the register has no statutory status. There are also parks and gardens that although not meriting inclusion in English Heritage’s Register have a local historic interest by virtue of: their age; connection with historic buildings, events or people; presence of ornamental features and artefacts; or are an example of an important style of layout or work of an important designer. Parks and gardens that are considered to be of local historic interest include; The Lawns, Heathfield, Parkhill, Norbury Hall, Coombe Wood, Grangewood Park, Duppas Hill, Waddon Ponds and Wandle Park.

5.38 Parks and gardens of historical interest should not be adversely affected by new development.

Development Proposals on Archaeological Sites

UC11 Development will only be permitted if all the following criteria are met:

1. Proposals have been properly assessed and planned for archaeological implications, where development may affect the archaeological heritage of a site. This may involve preliminary archaeological site evaluations, commissioned by the applicants from a professionally qualified archaeological practice or archaeological consultant;
2. Early co-operation regarding the proposals between landowners, developers and archaeological practices, in accordance with the principles of the British Archaeologists and Developers Liaison Group Code of Practice, has been demonstrated.
3. The siting and design of the new development has regard to minimising the disturbance of archaeological remains, ensuring that those most important are permanently preserved insitu.
4. An appropriate level of archaeological investigation, excavation, recording, analysis and publication has been agreed with the Council, secured where appropriate by the use of planning conditions or agreements.
5. The provision of access and facilities that interpret and explain archaeological sites to the public has been considered, secured where appropriate by the use of planning conditions or agreements.

5.39 The archaeology of the Borough can best be protected if as much information as possible is available at the planning application stage. The evaluation, which may involve fieldwork, is needed so that the Council can assess the archaeological implications of proposals. Where appropriate the evaluation may show how developments can be designed so that they do not harm a site. When assessing the requirement for a site evaluation report the significance of any ground disturbance will be taken into account, and will depend on the factors such as the type, extent, quality and exact position of archaeological remains.

5.40 Archaeological Priority Zones where archaeological remains are most likely to be found are listed below and are shown on the Proposals Map and on Map 3 at the end of this chapter. The Sites and Monuments Record for Greater London identifies the location of archaeological remains. It is held by English Heritage and is updated continually.

5.41 Outside the Archaeological Priority Zones that reflect the present state of knowledge, there may be other areas of archaeological potential and the Council will seek advice from English Heritage on whether or not an evaluation is needed.

5.42 The Council will also seek the advice of English Heritage on the competency and expertise of the practices intending to undertake archaeological work.

5.43 Except for removable artefacts and other certain materials, the process of archaeological excavation destroys evidence. Archaeological techniques are continually improving and therefore more information is most likely to be extracted from sites in the future. For this reason, archaeological evidence should remain undisturbed where practicable.

5.44 Understanding Croydon’s archaeological heritage is important, providing a sense of place for local residents and visitors. Both excavations and protected sites can be managed in a way that enhances their educational and recreational value. The Council will publish further information about archaeology in Croydon, including descriptions of the Archaeological Priority Zones.

Archaeological Priority Zones

Scheduled Ancient Monuments

Preserving Nationally Important Remains

UC12 There will be a presumption against development that would harm archaeological remains of national importance and their setting, whether scheduled or not.

5.45 The national importance of some remains may be such as to warrant their preservation in situ. Archaeological remains are often highly fragile and vulnerable to damage, and irreplaceable evidence may be lost as a result of development or even as a result of prior archaeological excavation. Preservation by record involves excavation of a site to record archaeological remains in advance of development.

Preserving Locally Important Remains

UC13 Decisions on development proposals affecting local remains will take account of the archaeological importance of those remains, the need for the development, the likely extent of any harm, and the prospects of the proposals successfully preserving by record the archaeological interest of the site.

5.46 Other archaeological sites contain information that is potentially vital to an understanding of Croydon’s past. This can only be retrieved through proper excavation, analysis and recording. The information cannot be used as a local educational and cultural resource unless finds are looked after and results published. The Council will encourage landowners, archaeologists and developers to co-operate in accordance with the Code of Practice agreed by the British Archaeologists and Developers Liaison Group. In line with this code, and in place of a Museum and Galleries Commission approved local alternative, the appropriate museum for the donation or lodging of archaeological archives is currently the Museum of London. A copy of any resultant report will also need to be lodged with the appropriate local studies library.

Enabling Development

UC14 Enabling development will not be permitted unless the following criteria are met:

1. the development will not materially detract from the archaeological, architectural, historic, landscape or biodiversity interest of the heritage asset or materially harm its setting;
2. the development avoids detrimental fragmentation of management of the heritage asset;
3. the development will secure the long term future of the heritage asset and, where applicable, its continued use for a sympathetic purpose;
4. the problem that the development seeks to resolve arises from the inherent need of the heritage asset, rather than the circumstances of the present owner or the purchase price paid;
5. sufficient financial assistance is not available from any other source;
6. the amount of development is the minimum necessary to secure the future of the heritage asset and its form minimises disbenefits;
7. the value or benefit to the survival or enhancement of the heritage asset outweighs the long-term costs to the community of providing the enabling development.

5.47 Enabling development is development that is contrary to established planning policy - national or local - but which may exceptionally be justified in order to secure the future of heritage assets, such as listed buildings, scheduled monuments and historic landscapes. Its defining characteristic is that the gain from contravening planning policy subsidises a public benefit that could not otherwise be achieved. Thus, unlike most planning applications, financial issues will be central to determining this type of proposal.

5.48 There is increasing concern that such developments, put forward as a way of benefiting heritage assets, may often destroy more than they save. English Heritage therefore advises that there should be a clear presumption against enabling development and that permission should only be granted exceptionally where it can be satisfactorily demonstrated that the public benefits clearly outweigh the harm that would be caused. Such benefits must be securely and enforceably linked to the planning permission, normally through a planning agreement.

5.49 In the consideration of the criteria set out in the policy, careful regard will be had to the guidance set out in the English Heritage document, Enabling Development and the Conservation of Heritage Assets (2001).

Map 2 - Conservation Areas and Local Areas of Special Character

Map 3 - Archaeological Priority Zones

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