Heritage Statement Great House Barn, Rivington

March 2021

Contents

1. Introduction 1

2. The Site 2

3. Heritage Assets 7

4. Significance of Heritage Assets 8

5. Impact Assessment 13

6. Summary and Conclusions 17

Appendix 1: Legislation and Policy 18

Our reference MATH3000

Mar 2021

1. Introduction

1.1 This Heritage Statement is prepared by Turley Heritage on behalf of Mr Matthew Salmon (the ‘Applicant’) in connection with a full planning application for the erection of two lightweight timber structures to provide covered outdoor seating (the ‘Proposed Development’) to the immediate south-west of Great House Barn, Rivington (‘the ‘Site’).

1.2 Great House Barn is grade II listed, and is located close to the grade II listed Great House Farmhouse and Cottage a short distance to the south east. The buildings are located within the Lever Park Registered Park and Garden (RPG).

1.3 In determining the full planning application, Chorley Council has a statutory duty under the Planning (Listed Buildings and Conservation Areas) Act 1990 to have special regard to the desirability of preserving the special interest and setting of listed buildings1. Case law has established that ‘considerable importance and weight’ should be given to this duty.

1.4 The National Planning Policy Framework (NPPF) provides the Government’s national planning policy on the conservation of the historic environment. In respect of information requirements for applications, Paragraph 189 states the following:

‘In determining applications, local planning authorities should require an applicant to describe the significance of any heritage assets affected, including any contribution made by their setting. The level of detail should be proportionate to the assets’ importance and no more than is sufficient to understand the potential impact of the proposal on their significance”2.

1.5 To comply with these requirements, Section 2 of this Statement identifies the Site and surrounding area and describes its history and development. Section 3 identifies heritage assets with potential to be affected by the Proposed Development and Section 4 provides an assessment of their significance and setting; proportionate to both the importance of the asset and the likely impacts. The assessment is undertaken on the basis of published information, archival research and a site visit.

1.6 Section 5 provides an assessment of the impact of the Proposed Development on the significance of the identified designated and non-designated heritage assets, in light of the statutory duty of the Planning (Listed Buildings and Conservation Areas) Act 1990, national and local planning policy for the historic environment, and relevant Historic England guidance on ‘Managing Significance in Decision Taking in the Historic Environment’3 and ‘The Setting of Heritage Assets.4’

1 S.66 (1) Planning (Listed Buildings and Conservation Areas) Act 1990 2 MHCLG (2019) National Planning Policy Framework (NPPF) - para. 189 3 Historic England (2015) Historic Environment Good Practice Advice in Planning Note 2, Managing Significance in Decision Taking in the Historic Environment 4 Historic England (2017) Historic Environment Good Practice Advice in Planning Note 3, The Setting of Heritage Assets (2nd edition)

1 2. The Site

Location and Context

2.1 Great House Barn (Figure 2.1) is located to the south west side of Rivington Lane, in a rural area to the east of Rivington Pike. It is approximately 9.5km north west of Bolton and 5.5 km south east of Chorley. The barn is a former tithe barn and is currently in use as a tearoom and gift shop. To its immediate south-west is a hard-landscaped area in use for seating.

2.2 Great House Barn is centrally located in Lever Park. It is surrounded by a wooded and landscaped parkland and beyond the parkland to the east is open moorland and Winter Hill. To the west is Lower Rivington Reservoir.

Figure 2.1: Aerial image of the Site

2.3 The east elevation of the barn is located adjacent to the pavement along Rivington Lane which travels through the Park from north to south. To the rear of the building is the Site (Figure 2.2), which comprises an area used for outdoor seating which was laid out in the late 20th century as part of the redevelopment of the barn for tourism use. It comprises a raised area hard-surfaced with traditional stone slabs which respond to the listed building. The area contains two large umbrellas and is enclosed by a low stone wall and planters. This area is accessed via steps and a ramped route. Beyond this to the south west is a hard surfaced car park and beyond is the ‘Go-Ape’ outdoor activity centre. A short distance to the south-east is the Great House Farmhouse and Cottage.

2 Figure 2.2: Great House Barn and the Site

Historic Development

2.4 Great House Barn is thought to date originally to the 16th century and Great House Farmhouse and Cottage to the later 17th century. The map at Figure 2.3 dates to 1786 and the building is likely to be that annotated on the map as ‘Great Ho’.

Figure 2.3: Yates 1786 Map

3 2.5 The 1894 map at Figure 2.4 shows the barn and adjacent farmhouse, both collectively identified as Great House Farm. At that time the barn had not been altered and was in its previous form with a projection to the south. An irregular building was located to the rear (south) of the barn adjacent to Great House Farm.

Figure 2.4: 1894 Ordnance Survey Map

2.6 Lever Park was laid out during 1901-1911, and by 1911 the building was in use providing refreshments5. During the early 20th century, the barn was altered, with at least one bay removed and low ‘aisles’ added to either side (north and south) with a new roof extended to form a broad slope over the new aisles. In addition new exterior stone walls were constructed and porches added to the south sides (though documentary sources 6suggest a porch was added to the north, this is not visible in mapping). These changes are likely to have been associated with the change of the use of the building.

2.7 The new form of the building is visible on the map at Figure 2.5 which dates to 1929. The irregular building formerly to the south of the barn and visible on the 1894 map had been removed by this time, though a number of small structures/ buildings are visible to the front and rear of the farmhouse. The formal landscapes and avenues of trees associated with the designed parkland are legible on the 1929 map at Figure 2.5.

5 'Townships: Rivington', in A History of the County of Lancaster: Volume 5, ed. William Farrer and J Brownbill (London, 1911), pp. 286-294. British History Online http://www.british-history.ac.uk/vch/lancs/vol5/pp286-294 [accessed 4 March 2021]. 6 Townships: Rivington', in A History of the County of Lancaster: Volume 5, ed. William Farrer and J Brownbill (London, 1911), pp. 286-294. British History Online http://www.british-history.ac.uk/vch/lancs/vol5/pp286-294 [accessed 4 March 2021].

4 Figure 2.5: 1929 Ordnance Survey Map

2.8 There was no visible change to the buildings by 1960 (Figure 2.6). In 1982, planning permission was granted for the car park to the rear of the barn as well as pedestrian areas and associated landscaping (LPA ref: 82/00483/FUL). This was implemented and later (in 2005) altered to improve disabled access (LPA ref: 05/01052/FUL). The roof of the building was repaired/ replaced following permission in 1994 (LPA ref: 94/00515/LBC).

2.9 By 2000 (Figure 2.7) the small structures/ buildings to the front and rear of the farmhouse had been removed.

Figure 2.6: 1960 Ordnance Survey Map

5 Figure 2.7: 2000 Aerial of the Site

6 3. Heritage Assets

3.1 The NPPF (2019) defines a heritage asset as:

“A building, monument, site, place, area or landscape identified as having a degree of significance meriting consideration in planning decisions, because of its heritage interest.”7

Designated Heritage Assets

3.2 Designated heritage assets are those which possess a level of heritage interest that justifies designation and are then subject to particular procedures in planning decisions that involve them.

Listed Buildings

3.3 Listed buildings are defined as designated heritage assets that hold architectural or historic interest. The principles of selection for listed buildings are published by the Department of Culture, Media and Sport and supported by Historic England’s Listing Selection Guides for each building type.

3.4 There are a number of listed buildings in the area surrounding the site that have potential to be affected by the Proposed Development as a result of development within their setting. These are:

• Great House Barn (grade II)

• Great House Farmhouse and Cottage (grade II)

Registered Park and Garden

3.5 The main purpose of the Register is to identify designed landscapes of special historic interest. Whilst there is no additional statutory protection arising from inclusion on the register, it is a ‘material consideration’ in the planning process, meaning that planning authorities must consider the impact of any proposed development on the landscapes’ special character. In considering the potential special historic interest of a park or garden the principal overarching consideration is age and rarity.

3.6 To assist with consideration of potential special historic interest Historic England has produced a series of selection guides which set out in more detail the approaches to designating designed landscapes.

3.7 As aforementioned the site is located within the Lever Park RPG which is registered at grade II.

7 MHCLG (2019) National Planning Policy Framework (NPPF) – Annex 2: Glossary

7 4. Significance of Heritage Assets

4.1 The NPPF defines the significance of a heritage asset as:

“The value of a heritage asset to this and future generations because of its heritage interest. That interest may be archaeological, architectural, artistic or historic. Significance derives not only from a heritage asset’s physical presence, but also from its setting.”8

4.2 The NPPF defines the setting of a heritage asset as:

“The surroundings in which a heritage asset is experienced. Its extent is not fixed and may change as the asset and its surroundings evolve. Elements of a setting may make a positive or negative contribution to the significance of an asset, may affect the ability to appreciate that significance or may be neutral9.”

4.3 Historic England has published guidance10 in respect of the setting of heritage assets, providing detail on understanding setting and the associated assessment of the impact of any changes. The guidance confirms at paragraph 9 that setting is not a heritage asset, nor a heritage designation, rather its importance lies in what it contributes to the significance of the relevant heritage asset itself.

4.4 Further guidance on the definition of setting and how it should be taken into account is set out in National Planning Practice Guidance.

Assessment

4.5 The following provides an assessment of the significance and setting of the designated heritage assets proximate to the Site.

Great House Barn (grade II)

Special Architectural and Historic Interest (Significance) 4.6 The Great House Barn (Figure 4.1) is thought to originally date to the 16th century but is dated 1702 on a stone to the gable, and was significantly altered in 1905. The building is of interest as a 16th century cruck framed tithe barn, one of two located in the area surrounding Rivington Hall.

4.7 Originally having an agricultural purpose, the vernacular and functional quality of the building illustrates the historic character of the wider agricultural landscape, and its size further emphasises the wealth and success of agriculture in the area. Following the laying out of Lever Park in the early 20th century the building was altered in 1905 by Johnathan Simpson for Lord Leverhulme and was in use for a place of refreshment by 1911. The significant alterations to the building do diminish the appreciation of is historic form and function but represent a later phase of change in use of the building

8 MHCLG (2019) National Planning Policy Framework (NPPF) – Annex 2: Glossary 9 MHCLG (2019), National Planning Policy Framework (NPPF) – Annex 2: Glossary 10 Historic England (2017) Good Practice Advice Note 3: The Setting of Heritage Assets

8 and its later association with Lever Park. The building has interest for its changing role and function, and integral association with the wider landscape. The building has a cruck frame and is clad in squared sandstone with a slate roof. It extends to three bays but was formerly longer. The two side aisles were added during the 1905 alteration and the roof altered to extend over the aisles to a low level resulting in a large roof and broad low gable ends. The south gable end has a 20th century Tudor style timber porch which is flanked by a five light mullion window either side. To the north gable is a continuous 17 light window. The central and third window from each end has been filled with stone blocks and the glazing altered, window units are modern timber. At first floor is a four light window above.

Figure 4.1: Great House Barn, from Rivington Lane

4.8 The list description identifies that the interior contains two full cruck trusses on very large boulder padstones.

Contribution of Setting and the Site to Significance 4.9 The building is located within the Lever Park RPG and so its wider setting is defined by areas of landscaped parkland and woodland. The character of this designed parkland is rural in quality which contributes to the appreciation pf the historic character of the setting of the barn, but as described above, has been changed by being formally landscaped.

4.10 To the immediate north the building abuts Rivington Lane. To the south is a small raised seating area which is enclosed by a low stone wall and contains large umbrellas and planters. This area is accessed by stone ramps and steps. Beyond to the south is the hard surfaced parking area. These areas were laid out in the late 20th century and are associated with the improvement of the building and surrounding area as visitor facilities associated with its use as part of the RPG. Whilst these changes alter the understanding of the former function of the building, this is part of change in the

9 setting of the building which has been unfolding since the early 20th century. The Site is therefore considered to represent a neutral aspect of the setting of the listed building.

4.11 Great House Farmhouse and Cottage is to the south east of the barn. Whilst the buildings are not contemporary, with the farmhouse being constructed around 100 years later, they are experienced collectively from the surrounding area and their shared vernacular appearance and materiality results in a strong group connection which emphasises the historic and functional origins of both buildings.

Great House Farmhouse and Cottage (grade II)

Special Architectural and Historic Interest (Significance) 4.12 Great House Farmhouse and Cottage (Figure 4.2) comprises a farmhouse, dating originally to the late 17th century, with a cottage addition of the 18th century. The cottage has most recently been in use as a private dwelling. The farmhouse contains WC facilities and offices and a visitor centre at the first floor.

Figure 4.2: Great House Farmhouse and Cottage

4.13 The farmhouse is constructed from squared sandstone with quoins and a stone slate roof. The building is two storey and has a end-baffle entry plan. The first bay and a gabled stair turret projects forward. To the second bay is a chamfered doorway with hoodmoulds. Windows are all small two lights with chamfered flush mullions and slab hoodmoulds. The roof has projecting eaves supported on slender timber struts.

4.14 The cottage addition to the north projects slightly and is canted forward. It is constructed in watershot masonry with rusticated quoins. The roof is located to a

10 slightly lower level, and is covered with stone slate, and has a chimney to the right. To the frontage are two doors to the left, both in plain architraves with fluted keystones. To the right and above are square with rusticated splayed heads with keystones. Windows are modern timber frames.

4.15 The significance of the Great House Farmhouse and Cottage is principally attributed to the vernacular architecture and historic character of the farmhouse, which dates to the 17th century. The cottage is of limited interest as a later 18th century addition.

Contribution of Setting and the Site to Significance 4.16 As described above, the farmhouse is located within the Lever Park designed landscape and so its wider setting is defined by areas of landscaped parkland and wooded areas. Whilst retaining a largely rural character, this designed parkland has changed from the agricultural landscape which would have originally surrounded the building and with which it would have had a functional connection.

4.17 The building is set back from Rivington Lane beyond a broad area of land containing a grass verge, stone path and more formal garden space to the frontage of the Cottage. To the rear is are defined gardens enclosed by a fence. These areas contribute a domestic character to the building.

4.18 The Great House Farmhouse and Cottage is a short distance to the south of the Great House Barn and its associated landscaping and car parking. Whilst the buildings are not contemporary, they are experienced collectively from the surrounding area and their shared vernacular appearance and materiality results in a strong group connection which emphasises their historic and functional origins, predating Lever Park. The hard landscaped area (the Site) and car park form a part of the setting of the farmhouse but are visible only in glimpses from Rivington Lane and make no contribution to significance.

Lever Park Registered Park and Garden

4.19 The Lever Park RPG was designed by Thomas Hayton Mawson in collaboration with William Hesketh Lever, and laid out as a county park in 1901-1911. It is of interest as an early 20th century landscaped parkland and for its associations with the Lever Family. In 1974 following local government reorganisation it and it was passed to the North West Water Authority.

4.20 The park is located between the villages of Rivington to the north west and Horwich to the south. To the west is the Rivington Reservoir, and to the east Rivington Pike and Rivington Gardens (Grade II RPG). Much of the designated area is otherwise surrounded by agricultural land. The RPG is accessed via Rivington Lane which travels north-south through the landscape, connecting Rivington to Horwich.

4.21 The principal building is Rivington Hall (grade II*) which is situated to the north east of the park and dates to the 16th century with 18th century frontage and later alterations. Immediately adjacent to the house is a 16th or 17th cruck barn (Rivington Hall Barn), and a similar barn (Great House Barn) is to the west side of the Lane to the south of the Hall.

11 4.22 The RPG contains as small informal garden to the south of the Hall which presents a degree of intimacy to the house, and a small lake with bridge. From this point, three avenues travel southwest, east, and south and connect to other routes in the park. The other focal point of the estate is Rivington Castle (grade II) to the south, a 1912 reconstruction of Liverpool Castle by Jonathan Simpson. It is located on a promontory over the reservoir allowing for clear views south and west across the reservoir, but also importantly to the east over the RPG to Rivington Pike. The castle is the focal point for three further avenues which radiate through the park to the north, north east and south east.

4.23 The wider parkland consists of open ground, woodland and avenues. Mawson states that the ‘specific aim of the design was to create a country park which utilised the existing moorland topography and water features and enhanced the rural qualities of the area’. The reservoir in particular is lined with wooded areas which creates informal walks and filtered and glimpsed views into the wider landscape and the reservoir itself.

Contribution of the Site to Significance 4.24 The Site comprises the hard surfaced area to the rear of the Great House Barn, which was laid out in the late 20th century as part of the redevelopment of the barn for tourism use. The area comprises a limited part of the overall RPG and is visible from only the immediately surrounding area due to the buildings and wooded areas which enclose it. Whilst the barn itself makes a contribution to the RPG through illustrating the phases of change in the use of the land within the estate and representing the ‘rural’ qualities which the park design aimed to enhance, the hard surfaced area to its rear makes a neutral contribution as a result of its limited scale and lack of visibility.

12 5. Impact Assessment

Summary of Legislation and National Planning Policy

5.1 Under s66(1) of The Planning (Listed Buildings and Conservation Areas) Act 1990, Chorley Council, in determining the submitted full planning application, has a statutory duty to pay special attention to the desirability of preserving listed buildings, their setting or any features of special interest they may possess. Case law has established that this duty should be given considerable importance and weight.

5.2 In accordance with paragraph 189 of the NPPF, the significance of the identified designated heritage assets, including the contribution made by setting to that significance (including the Site), has been assessed at Section 4 of this report.

5.3 Paragraph 192 states that in determining planning applications, local planning authorities should take account of the desirability of sustaining and enhancing the significance of heritage assets, putting them into viable uses consistent with their conservation, as well as the desirability of new development making a positive contribution to local character and distinctiveness.

5.4 Paragraph 193 requires when considering the impact of a Proposed Development on the significance of a designated heritage asset that great weight should be given to the asset’s conservation. ‘Conservation’ is defined by the NPPF as ‘the process of maintaining and managing change to a heritage asset in a way that sustains and, where appropriate, enhances its significance.’11

5.5 Paragraph 200 requires local planning authorities look for opportunities for new development within the setting of heritage assets to better reveal their significance. It states that proposals that preserve those elements of setting that make a positive contribution to or better reveal the significance of the asset should be treated favourably.

5.6 The relevant heritage legislation, policy and guidance context for consideration of the Proposed Development is also set out in full in Appendix 1.

The Proposed Development

5.7 The Proposed Development involves the removal of the existing low stone walls and planters which enclose the hard surfaced seating area. Two lightweight timber structures will then be erected either side of the main entrance to the barn. These will provide a covered outdoor seating area and will be simple rectangular structures comprising uprights and horizontals with retractable canopies to the roof. The northern structure will incorporate a timber screen and climbing plants to screen it from the adjacent access road.

11 MHCLG (2019) National Planning Policy Framework (NPPF) – Annex 2: Glossary

13 5.8 The Proposed Development will allow for outdoor seating at the barn all year around and will ensure the use of the building for serving refreshments, as established in 1911 will be continued.

5.9 Full details of the Proposed Development are provided in the Design and Access Statement prepared by Calderpeel Architects.

Impact Assessment

Great House Barn (grade II) 5.10 The proposed timber structures will be located to the immediate rear of the Great House Barn and will replace the existing umbrella structures located in the hard landscaped seating area. The character of this area is already modernised with existing hard surfacing, low stone walling and planters and therefore the overall character of the area as an outdoor seating area for leisure use will not be altered.

5.11 Whilst the Proposed Development will introduce permanent built structures adjacent to the listed building, they are designed to be lightweight and permeable in appearance, comprising simple light timber frames with a retractable canvas roof. When viewed from the south west, looking towards the west elevation of the barn, they will not screen or conceal views of the listed building; the barn will remain visible through the space within the structures. The structures are limited in height, scale and mass and lightweight in appearance and will not detract from the visual appreciation of the substantial scale and mass and vernacular architectural quality of the barn itself.

5.12 The proposed structures will not be visible from the east frontage of the barn, where it is appreciated from Rivington Lane and will not detract from the legible associations and connections between the Barn and the adjacent Farmhouse and Cottage when viewed from Rivington Lane.

5.13 There will be no change to the appreciation and understanding of the vernacular architecture or agricultural origins of the barn as a result of the Proposed Development. In conclusion, whilst the structures will change the setting of the listed building, the Site is already changed and modernised. They will not screen or conceal views of the listed building. As aforementioned, the Proposed Development will allow for outdoor seating at the barn all year round and will ensure the use of the building for serving refreshments, as established in 1911 will be continued. It is therefore concluded that the significance of the Great House Barn is sustained by the Proposed Development.

Great House Farmhouse and Cottage (grade II) 5.14 The proposed timber structures will represent change in the setting of the Farmhouse and Cottage but will be located to the north west of the building, in an area to the rear of the Great House Barn which is separated from the farmhouse and cottage by an area of grass. The Site is already hard surfaced and contains permanent umbrellas and planters and is adjacent to a car park and therefore the change in character of this part of the setting of the farmhouse will be minimal.

5.15 When viewed from Rivington Lane, the proposed structures will largely not be visible in the context of the Great House Farmhouse and Cottage, and will only be glimpsed in

14 the small gap to the north of the building between the Cottage and adjacent barn. This limited view will not detract from the appreciation of the prominent frontage of the Farmhouse and Cottage and will be experienced as part of the existing outdoors facilities existing in this location.

5.16 The Proposed Development will not change to the appreciation and experience of the vernacular character and quality of the Farmhouse and Cottage and the legibility of its agricultural origins will not be changed. There will be no change to the appreciation of the connection between the Farmhouse and Cottage and Great House Barn. It is concluded that the significance of the Farmhouse and Cottage is therefore sustained by the Proposed Development.

Lever Park Registered Park and Garden 5.17 The Proposed Development comprises only a small scale change to the RPG, and the Site is located of the rear of the barn, and visible only from its immediate surroundings. The Proposed Development will not therefore be visible from the vast majority of the designated area.

5.18 The introduction of the timber structures will replace existing large scale umbrellas and will be located in an area already defined by significant hard landscaping, planters and seating, with the result that the change in character of the area is minimal.

5.19 The Proposed Development will not alter the significance of the RPG as an early 20th century designed landscape and will not change or alter the landscape character of its formal avenues, parkland and wooded areas. It will be visible from only a very limited part of the designated area, in a location already modernised for tourism uses. The contribution made by the Site will remain. Overall, it is concluded that the significance of the RPG is sustained by the Proposed Development.

Statutory Duties and National Planning Policy

5.20 The Proposed Development will allow for outdoor seating at Great House Barn all year round and will ensure the use of the building for serving refreshments, as established in 1911, will be continued. The proposed structures are lightweight and permeable in appearance, and will not screen views of the building or detract from the visual appreciation of its substantial scale and mass. The structures are proposed to be located in an area already modernised for tourism use and will be largely screened from view from the wider area due to existing buildings and wooded areas.

5.21 The assessment has concluded that the significance of the grade II listed Great House Barn, Great House Farmhouse and Cottage and the Lever Park RPG will be sustained. The Development will therefore meet the objectives of Paragraphs 192, 193 and 200 of the NPPF.

5.22 In regard to the listed buildings, Section s.66 (1) of The Planning (Listed Buildings and Conservation Areas) Act 1990 can be satisfied if Chorley Council grants planning permission.

15 Local Policy

5.23 Based on the above, the Proposed Development is fully in accordance with the Central Lancashire Core Strategy (July 2012) Policy 16: Heritage Asset, which requires that development proposals ‘protect and seek opportunities to enhance the historic environment, heritage assets and their settings’ and Policy 17 which requires that ‘new design should ‘safeguard and enhance the built and historic environment’.

16 6. Summary and Conclusions

6.1 This Heritage Statement is prepared by Turley Heritage on behalf of Mr Matthew Salmon (the ‘Applicant’) in connection with a full planning application for the erection of two lightweight timber structures to provide covered outdoor seating (the ‘Proposed Development’) to the immediate south-west of Great House Barn, Rivington (‘the ‘Site’).

6.2 Great House Barn is grade II listed, and is located close to the grade II listed Great House Farmhouse and Cottage a short distance to the south east. The buildings are located within the Lever Park Registered Park and Garden (RPG).

6.3 In determining the full planning application, Chorley Council has a statutory duty under the Planning (Listed Buildings and Conservation Areas) Act 1990 to have special regard to the desirability of preserving the special interest and setting of listed buildings12. Case law has established that ‘considerable importance and weight’ should be given to this duty.

6.4 The Proposed Development will allow for outdoor seating at Great House Barn all year round and will ensure the use of the building for serving refreshments, as established in 1911, will be continued. The proposed structures are lightweight and permeable in appearance, and will not screen views of the building or detract from the visual appreciation of its substantial scale and mass. The structures are proposed to be located in an area already modernised for tourism use and will be largely screened from view from the wider area due to existing buildings and wooded areas.

6.5 The assessment has concluded that the significance of the grade II listed Great House Barn, Great House Farmhouse and Cottage and the Lever Park RPG will be sustained. The Development will therefore meet the objectives of Paragraphs 192, 193 and 200 of the NPPF.

12 S.66 (1) Planning (Listed Buildings and Conservation Areas) Act 1990

17 Appendix 1: Legislation and Policy

Legislation

Section 66 of the Planning (Listed Buildings and Conservation Areas) Act 1990 states that:

“In considering whether to grant planning permission for development which affects a listed building or its setting, the local planning authority or, as the case may be, the Secretary of State shall have special regard to the desirability of preserving the building or its setting or any features of special architectural or historic interest which it possesses.”

The concept of ‘preserve’ has been interpreted through case law to mean ‘to cause no harm’.

National Policy

NPPF: National Planning Policy Framework, The National Planning Policy Framework (NPPF) is the full statement of Government planning policy covering all aspects of the planning process. One of the twelve core planning principles of the NPPF is that planning should:

“conserve heritage assets in a manner appropriate to their significance, so that they can be enjoyed for their contribution to the quality of life of this and future generations.”

Chapter 16 outlines the Government’s guidance regarding conserving and enhancing the historic environment. Paragraph 189 outlines the information required to support planning applications affecting heritage assets. It states that applicants should provide a description of the significance of any heritage assets affected, including any contribution made by their setting. The level of detail should be proportionate to the asset’s importance and no more than is sufficient to understand the potential impact of the proposal on their significance.

With regard to determining such planning applications, Paragraph 192 provides that local planning authorities should take account of the desirability of sustaining and enhancing the significance of the heritage assets, and putting them into viable uses consistent with their conservation, as well as the desirability of new development making a positive contribution to local character and distinctiveness.

Paragraph 193 further outlines that local planning authorities should give great weight to the asset’s conservation when considering the impact on a Proposed Scheme on the significance of a designated asset. The more important the heritage asset, the greater the weight should be. Annex 2: Glossary defines conservation (for heritage policy) as:

“The process of maintaining and managing change to a heritage asset in a way that sustains and, where appropriate, enhances its significance.”

It also specifies that any harm to, or loss, of significance of a designated heritage asset should require clear and convincing justification. Paragraph 195 outlines that local planning authorities should refuse consent where a proposal will lead to substantial harm or total loss of significance, unless it can be demonstrated that this is necessary to achieve substantial

18 public benefits that outweigh such harm or loss, or a number of other tests can be satisfied. Paragraph 134 concerns proposals which will lead to less than substantial harm to the significance of a designated heritage asset. Here harm should be weighed against the public benefits, including securing the optimum viable use.

Paragraph 200 states that local planning authorities should look for opportunities for new development within the setting of heritage assets to enhance or better reveal their significance. Proposals that preserve those elements of the setting that make a positive contribution to or better reveal the significance of a heritage asset should be treated favourably.

National Guidance

National Planning Policy Guidance, 2019 Whilst not planning policy the Planning Practice Guidance provides a clear indication of the Government’s approach to the application of national policy contained in the NPPF. Where there is conflict between the guidance in the PPG and earlier documents the PPG will take precedence.

Good Practice Advice Note 3: The Setting of Heritage Assets, Historic England (2017) Historic England has recently revised its guidance relating to setting and views of heritage assets. The guidance advocates a staged approach to assessment involving identification of the affected assets and setting, an assessment of the degree to which setting and views contribute to the significance of the assets, an assessment of the effects of the Proposed Scheme, exploration of ways to maximise enhancement and avoid or minimise harm and the monitoring of outcomes.

The revised guidance clarifies that there is a distinction between views that contribute to heritage significance and views that might be valued for reasons of landscape character or visual amenity. It states that the extent and importance of setting is often expressed by reference to visual considerations. Although views of or from an asset will play an important part, the way in which we experience an asset in its setting is also influenced by other environmental factors such as noise, dust and vibration from other land uses in the vicinity, and by our understanding of the historic relationship between places.

The guidance makes it clear at paragraph 9 that setting is not a heritage asset, nor a heritage designation, rather its importance lies in what it contributes to the significance of the relevant heritage asset itself. The guidance sets out the need for a systematic and staged approach to assessing the impact of development proposals in the setting of a heritage asset. It confirms that such assessment should be based on an understanding of the significance of the heritage assets affected and then the contribution of setting to that significance. Guidance is provided on what potential attributes of setting may or may not make a contribution to the significance of a heritage asset, noting that in any one instance a limited selection of the attributes will be of particular relevance to an asset. These attributes can include:

• The asset’s physical surroundings;

• Experience of the asset;

19 • An asset’s associative relationships with other heritage assets.

It is identified that views which contribute more to understanding the significance of a heritage asset include the following:

• Those where the composition within the view was a fundamental aspect of the design or function of the heritage asset

• Those where town- or village-scape reveals views with unplanned or unintended beauty

• Those with historic or cultural associations

• Those where relationship between the asset and other heritage assets or natural features or phenomena are particularly relevant.

When assessing the effect of a Proposed Scheme on the significance of a heritage asset through effects on setting, matters of location and siting of development; the form and appearance of development; wider effects of the development; and, permanence are highlighted.

The guidance highlights a series of other considerations that are relevant to consideration of the Proposed Scheme including ‘change over time’, ‘cumulative change’, ‘access and setting’, ‘designed settings’, ‘setting and urban design’ and ‘setting and economic viability’.

Historic England (2015) Historic Environment Good Practice Advice in Planning Note 2, Managing Significance in Decision-Taking in the Historic Environment This Good Practice Advice (GPA) note is not a statement of Government policy, but supports the implementation of national government policy. It provides advice on assessing the significance of heritage assets and the impact of proposals on that significance.

Local Planning Policy

The Central Lancashire Adopted Core Strategy was adopted July 2012.

Policy 16: Heritage Assets states:

“Protect and seek opportunities to enhance the historic environment, heritage assets and their settings by:

a) Safeguarding heritage assets from inappropriate development that would cause harm to their significances.

b) Supporting development or other initiatives where they protect and enhance the local character, setting, management and historic significance of heritage assets, with particular support for initiatives that will improve any assets that are recognised as being in poor condition, or at risk.

c) Identifying and adopting a local list of heritage assets for each Authority”.

20 Policy 17: Design of New Buildings, sets out that:

“The design of new buildings will be expected to take account of the character and appearance of the local area, including the following:

(a) Siting, layout, massing, scale, design, materials, building to plot ratio and landscaping.

(b) Safeguarding and enhancing the built and historic environment.

(c) being sympathetic to surrounding land uses and occupiers, and avoiding demonstrable harm to the amenities of the local area.

(d) Ensuring that the amenities of occupiers of the new development will not be adversely affected by neighbouring uses and vice versa.

(e) Linking in with surrounding movement patterns and not prejudicing the development of neighbouring land, including the creation of landlocked sites.

(f) Minimising opportunity for crime, and maximising natural surveillance.

(g) Providing landscaping as an integral part of the development, protecting existing landscape features and natural assets, habitat creation, providing open space, and enhancing the public realm.

(h) Including public art in appropriate circumstances.

(i) Demonstrating, through the Design and Access Statement, the appropriateness of the proposal.

(j) Making provision for the needs of special groups in the community such as the elderly and those with disabilities.

(k) Promoting designs that will be adaptable to climate change, and adopting principles of sustainable construction including Sustainable Drainage Systems (SuDS);

and

(l) Achieving Building for Life rating of ‘Silver’ or ‘Gold’ for new residential developments.

(m) Ensuring that contaminated land, land stability and other risks associated with coal mining are considered and, where necessary, addressed through appropriate remediation and mitigation measures”.

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