Baddesley Clinton Conservation Area Appraisal

April 2021

Contents

1.0 INTRODUCTION ...... 2

1.1 Purpose of the document ...... 2

1.2 What is a Conservation Area? ...... 2

1.3 Conservation Principles ...... 4

2.0 SUMMARY OF SPECIAL INTEREST ...... 5

2.1 Location ...... 5

2.2 Consideration for Conservation Area status ...... 6

2.3 Excluded areas ...... 6

2.4 Historical background and development ...... 6

2.5 Character of the area ...... 8

2.6 Materials ...... 10

3.0 POLICY AND LEGISLATION...... 14

3.1 National Planning Policy Framework (rev. 2019) ...... 14

3.2 The Local Plan (2011-2029) ...... 19

3.3 Neighbourhood Plans ...... 21

3.4 Legislation ...... 22

4.0 FURTHER READING ...... 25

1. Introduction forthcoming management plans which gives guidance on how the preservation or 1.1 Purpose of the document enhancement of the conservation area can be achieved. Warwick District Council’s Conservation & Design team is currently undertaking a 1.2 What is a conservation area? review of the District’s designated conservation areas. This is a statutory Warwick District has a strong reputation as requirement under Section 69(2) of the a desirable place to live, work and visit. Planning (Listed Buildings and Conservation Fundamental to this reputation is the Areas) Act 1990 which explains that local District’s rich heritage which has left a planning authorities must review their legacy of exceptional historic buildings and conservation areas from time to time. areas. Many of these areas are designated as conservation areas as a result of their This long term project will include updating special features and characteristics and existing conservation area appraisals, have an important role to play in assessing existing boundaries with maintaining the quality of the environment consideration given to buildings that may be in Warwick District. eligible for local listing and those that would also benefit an Article 4 Direction. The Conservation Areas were first introduced updated appraisal and any related into British legislation under the Civic management proposals can then be re- Amenities Act of 1967 to protect the wider adopted. historic environment. These are cohesive areas in which the interaction of buildings Baddesley Clinton Conservation Area was and spaces create environments that designated in 2013, however to date no constitute valued and sometimes conservation area appraisal has yet come irreplaceable components of our local, forward. Following consultation, it is regional and national heritage. Conservation intended that this document will be formally areas are designated by Local Planning adopted by the Council as a Supplementary Authorities, whom have a statutory duty to Planning Guidance document. This means review its historic districts from time to time, that in conjunction with Local Plan policies, in order to consider further conservation the National Planning Policy Framework area designations and amendments to (NPPF) and relevant legislation, the existing ones. The aim is to ensure that the document will form a material planning interest of designated areas is retained for consideration in the determination of future generations, their environmental planning applications. quality is preserved or enhanced and local distinctiveness and sense of place is In summary, conservation area appraisals safeguarded. define the special interest, or significance, of the area that merits its designation. These The Council has a statutory duty under documents also describe and evaluate the Section 69(1) of the Planning (Listed contribution made by the different features Buildings and Conservation Areas) Act 1990 of its character and appearance. This to designate areas of special architectural or appraisal will also provide the basis for any historic interest as conservation areas. However, paragraph 186 of the NPPF conservation area must also be notified to explains that when considering the the local planning authority six weeks in designation of conservation areas, local advance so that the Council may determine planning authorities should ensure that an whether, or how, the work should take area justifies such status because of its place. special architectural or historic interest, and that the concept of conservation is not Designation imposes a duty on the Council devalued through the designation of areas to pay special attention to the desirability of that lack special interest. Conservation Area preserving or enhancing the character or designation therefore needs to be carefully appearance of the area under Section 66 of considered. the Planning (Listed Buildings and Conservation Areas) Act 1990. In fulfilling Designation results in greater control over this duty, the Council does not seek to the demolition of unlisted buildings. prevent development but rather to manage Although the Town and Country Planning change in a sensitive way, so that those (General Permitted Development) qualities which warranted designation are Order 2015 (GPDO) (3) allows certain minor sustained and reinforced, rather than developments to take place without specific eroded. consent, this is more restricted in conservation areas. This means that the Most of the buildings in a conservation area Council gains additional planning control will help to shape its character. The extent compared with areas that are not to which their contribution is considered as designated which, in turn, allows for the positive depends not just on their street greater retention of characteristics and elevations but also on their overall integrity features that make a place special and as historic structures. To identify the unique. Further information on planning significance of a place, it is necessary first to constraints in Conservation Areas and be understand its fabric, and how and why it found on the planning portal. has changed over time; and then to consider: who values the place, and why Local planning authorities may also look to they do so; how those values relate to its withdraw further permitted development fabric; their relative importance; whether rights for a prescribed range of associated objects contribute to them; the developments that affect the external contribution made by the setting and appearance of buildings in a conservation context of the place. The National Planning area by the use of a direction under Article Policy Framework (NPPF) also highlights that 4 of the General Permitted Development the setting of a designated heritage asset Order 2015. can contribute to its significance. It is important to understand the significance of Open spaces and trees can also form an historic asset and the possible impact of important characteristics in conservation a proposed development on this areas. Any work planned to a tree in a significance.

1.3 Conservation Principles Principle 6: Documenting and learning from decisions is essential. Significance is a collective term for the sum of all the heritage values These principles have established a method attached to a place, whether a for thinking systematically about the building, archaeological site or larger heritage values that can be associated with historic area such as a village or a place. People can value historic places in landscape. The idea of 'significance' many different ways; 'Conservation lies at the core of Historic England’s Principles' illustrates how these values can Conservation Principles, Policies and be grouped into four categories: Guidance – a guide for best practice Evidential value: the potential of a for all conservation professionals. place to yield evidence about past human activity. These principles respond to the need for a clear, over-arching philosophical Historical value: the ways in which past framework of what conservation people, events and aspects of life can be means in the 21st century and set out connected through a place to the present six high level principles: - it tends to be illustrative or associative.

Principle 1: The historic environment is a Aesthetic value: the ways in which shared resource. people draw sensory and intellectual stimulation from a place. Principle 2: Everyone should be able to participate in sustaining the historic Communal value: the meanings of a environment. place for the people who relate to it, or for whom it figures in their collective Principle 3: Understanding the experience or memory. significance of places is vital. The guidance contained in the document Principle 4: Significant places should be also includes a recommended approach to managed to sustain their values. assessing significance, advice on how to apply the principles and policies in practice Principle 5: Decisions about change must be reasonable, transparent and and detailed interpretation of policies on consistent. repair, on intervention for research, on restoration, on new work and alteration and on enabling development.

2.0 Summary of Special Interest

2.1 Location

Baddesley Clinton Parish lies in South Baddesley Clinton Conservation Area is a Warwickshire off Birmingham Road, 8 miles small conservation area with an area from Warwick and 12 miles from Stratford- totalling 1.536 hectares. The boundary is upon-Avon. Solihull in the West Midlands lies centred around the former Poor Clares approximately 8 miles to the north. The Convent and associated buildings including village of Baddesley Clinton also borders the St Francis Church, the churchyard, adjacent parishes of Rowington to the south, presbytery buildings and the site occupied Lapworth to the west and Wroxall to the by the Convent’s former school building, east. The northern and western boundaries which is all enclosed by a brick wall. of the Parish are formed by small streams. th The Grand Union Canal runs parallel with The 20 century saw development of and just inside the western boundary of the housing in the village, which now comprises parish. A road running north from Rowington a mixture of semi-detached and detached divides the parish in two, with the eastern properties of varying size and scale. Further half largely occupied by the extensive Hay social housing development took place in the Wood and the western half, in which lies 1960s, with recent infill development taking Baddesley Clinton House, where the ground place consisting mainly of individual slopes gently to a level of 350 ft. at the detached dwellings. canal.

Figure 1: Map of Baddesley Clinton Parish (left) and the Conservation Area boundary (right). There are currently no proposals to include The present complex of buildings were any other domestic properties along Rising previously put forward for statutory listing. Lane or any agricultural land adjacent to the However, Historic England (formerly English Convent buildings. Heritage) did not consider the site to meet the requirements at the time. The Convent 2.2 Consideration for and surrounding buildings have, however, Conservation Area status been included on Warwick District’s Local List of Heritage Assets. The Council has a statutory duty to designate areas of special architectural or 2.3 Excluded areas historic interest, the character and appearance of which it is desirable to The excluded areas along Rising Lane to the preserve or enhance, as conservation areas north and east of the Conservation Area under Section 69(1) of the Planning (Listed boundary comprise mainly of modern Buildings and Conservation Areas) Act 1990. housing built after the Second World War. Paragraph 186 of the NPPF states that when These buildings are not considered to hold considering the designation of conservation sufficient architectural or historic merit to areas, local planning authorities should warrant conservation area designation. No ensure that an area justifies such status extension to the designated boundary is because of its special architectural or therefore proposed at this stage. historic interest, and that the concept of conservation is not devalued through the 2.4 Historical background and designation of areas that lack special development interest. Origins St Francis Church and Poor Clares Convent Settlement in Baddesley Clinton Parish is buildings are of historical significance and understood to date back to the Middle Ages, represent a largely unaltered collection of with the name of the village derived from late 19th century buildings set within their the manor house. Baddesley Clinton is own grounds, all of which are predominantly understood to originate from a clearing for intact. The various alterations to the cattle in the Forest of Arden created by a Convent buildings are largely reversible and Saxon farmer named Baeddi, Badde or are not of a scale to detract significantly Bade. This clearing would have been from the historical layout and simple protected from predators with a ditch and architectural qualities of the buildings. In wooden palisade, and such clearings were 2013 it was therefore considered that the known as a “leah” or “ley” – hence Badde’s area was worthy of designation as a Ley.1 conservation area.

1 Baddesley Clinton guidebook, (National Trust 1998), pp 23-7. The manor house was originally the home of The south range of the sisters’ lodgings were the Ferris family who remained within the added in 1878-9; the architect is unknown Catholic faith after the Reformation. By the for this work. The presbytery was built in mid-17th century, Baddesley Clinton house 1882 to designs by Edward Hanson and by became the headquarters of the Franciscan 1905 two further ranges of Convent Fathers of the Second English Province and buildings were added. In 1909, a lean-to by 1756 Father George Bishop had corridor from the servers’ sacristy to the established a small chapel on the present church was extended to provide access to Convent site. It was later joined by a the sanctuary and nave. At the same time, Franciscan school which had moved out of the original access door in the southern Edgbaston. The Franciscan Academy closed corner of the sanctuary arch was blocked off in 1829 and since that time the church was and the Sacred Heart alter placed in front of served by secular priests. it.

Poor Clares Convent

In 1850, a group of Poor Clares nuns arrived from Bruges to establish the first Convent of the Poor Clares of the Colettine Reform in England since the Reformation. In 1857, Agnes Mary Clifford, daughter of the Baron Charles Clifford of Chudley in Devon, had joined the Poor Clares and brought with her a substantial dowry. This money was used to build a new church, presbytery and school on land donated by the Ferris family.2 The Figure 3: The Convent School buildings and playground, 1910s. Source: Warwickshire County Records Office original chapel was demolished and the new church of St Francis Assisi was designed by During the 20th century, various extensions Benjamin Bucknell in partnership with the were made to the Convent buildings to Coventry architect T. I. Donnelley, opening enable them to be more functional. A side in 1870. chapel was added to the north side of the church in the 1960s to enable the sisters to see Mass being celebrated in the church. The inside of the church underwent some alterations in 1970, including covering most of the decorative work which had been carried out by Rebecca Orpen. The most notable alteration was to the south wing which had an infill bay added and various Figure 2: Church of St Francis Assisi. Taken by author. other alterations. The school building was

2 H. Norris, Baddesley Clinton: Its Manor, Church and Hall, 1897, p. 83. Figure 4: The Convent courtyard, landscaped garden and original water fountain. Taken by author. occupied until 1990 at which time the building was converted into office use. In 2010, the Poor Clares marked their 160th The Convent buildings contain a number of year at Baddesley Clinton but as the features that demonstrate the site’s special community was too small to sustain the use architectural interest. The church is of such a large complex, the Convent constructed in an early English style with buildings ceased to be used for that purpose. simple lancet windows built in brick with stone dressings. The sisters’ choir is denoted 2.5 Character of the area by a slightly lower roof line and there is a timber spirelet. The sanctuary and choir Poor Clares Convent was sympathetically have circular openings housing quatrefoil converted into residential dwellings between windows. The Presbytery to the west is brick 2013-2016. The character of the complex built with bay windows and octagonal has been retained with the legacy of its chimneys. historical use highly legible, with the grounds remaining largely enclosed. The Convent buildings were built generally around a cloister of two storeys with a single Historically, buildings or complexes of storey lean-to forming the cloister in red buildings which have been retained in single brick. Within the original cloister is a use, for instance large industrial complexes, projecting canted bay with a former schools, hospitals, or in this case a religious entrance porch on the opposite side now community, are examples of our heritage enclosed by a modern projection. Within the and should be retained in some form. The north side of the main range of buildings is buildings form an interesting architectural a two storey canted bay with a complex roof survival which, together with the grounds, is structure; a similar projection exists on the worthy of conservation area status, both east side. The buildings, although simple, from a historical and architectural context. have stone dressed windows and are broken The development has successfully preserved up by the various canted projections. To the the communal character of the complex by north west is the original entrance gate retaining the courtyard garden and which formed the access to the outside maintaining external walls, which also world and gave access both to the grounds preserves the Convent’s original sense of of the Convent and also the main door into enclosure. the Convent, being in the side of the archway. The southern range, formerly the and similarly to the south and west where infirmary, is a very simple range of there are significant mature trees and buildings, probably the latest to be added to shrubbery, preserving the church’s original the 19th century complex which has setting. A memorial plaque can be found in subsequently been altered, probably at the the church yard which contributes towards beginning of 20th century and also later in the sense of place and forms a reminder of the 20th century when the infill block was the site’s historic usage. added between the two wings.

Figure 5: South façade of the Convent. Taken by author.

With the exception of the southern range, most of the Convent buildings and the presbytery remain as originally built, with any major alterations being carried out in the 19th century. There are, however, a number of 20th century single storey additions which could be removed in the future to return the building to its original form. Prior to recent conversion and residential development, a significant Figure 6: Memorial plaque in the churchyard. Taken by author. number of uPVC windows existed which detracted from the overall quality of the buildings; these have now been replaced predominantly by sympathetic timber To the west is the access to the presbytery replacements. The complex of buildings are and the former school buildings which are enclosed by a wall which rises to a around more visible from the public road than the 2m in height to the north east and south, Convent buildings themselves. These enclosing the Convent grounds. Within the buildings form an important group and the grounds are a number of mature trees and open space should be preserved in order to lawned areas including an area occupied by maintain the historic sense of community the sisters’ cemetery. function.

The Church of St Francis of Assisi is set within a burial ground to the south and east Figure 7: Southern entrance to the convent complex. Taken by author.

Waterstruck bricks have been used to closely match the original buildings. This As a whole, the complex represents a section also covers the Council’s general significant group of buildings of the mid approach to materials. to late 19th century that were built as a parish church, school and a convent Windows with interlinking functions. Single The complex includes a range of interesting occupancy of the Convent buildings has window types including fine lancet windows clearly retained them in a largely unaltered built in brick with stone dressings, with the form and the recent conversion has largely sanctuary and choir having circular openings preserved this unique character. The with quatrefoil windows. Original windows majority of alterations prior to conversion, form part of the historic fabric of the with perhaps the exception of the south Convent which contribute towards the range, are reversible in terms of restoring special interest and significance of the the character of the buildings. The grounds Conservation Area. For this reason, of the Convent and the church are they should be repaired and not maintained to an attractive standard and replaced wherever possible. Where these retain a number of significant mature trees. are beyond repair, a like for like replacement It is therefore important that this high could be considered acceptable, subject to quality landscape within the Convent the provision of large scale details. Prior to grounds be maintained in order to conversion, the Convent buildings had a preserve the appearance and character of significant number of uPVC windows and the Conservation Area. these have now largely been replaced with 2.6 Materials sympathetic timber replacements.

The Convent buildings are all constructed It should be noted that the Council will not from a simple traditional palette of materials support the use of non-traditional including red brick, with some limestone materials, such as uPVC, for dressings, and a mixture of slate and plain replacement windows in the Conservation clay tile roofs, with brick stacks. For new Area as this is considered detrimental to the build elements, Lightly Weathered area’s appearance and character. On new build elements, strong preference will be given to timber, although aluminium may elevations, single glazing should be the also be acceptable in some instances. starting point. However, on more recent additions and in areas of less sensitivity, the Council may accept the use of heritage double glazing with an overall thickness of 12-14mm.

Roof lights that followed the line of the roof became Figure 8: Examples of window types at the Convent. Taken by author. popular in the 19th century as a means of lighting stairwells and The use of standard double glazed units is small attic rooms and were usually generally not supportable in the District’s discretely located on the roof slope. In conservation areas, as the view of the recent years, these have been in popular window is distorted by the sandwich effect demand for creating more usable space of the two sheets of glass. It is also not within a roof. They can, however, detract possible to obtain the very fine glazing bars from the overall quality or appearance of the when double glazing is installed and the building. Conservation style roof lights integrity of the original window could be lost, that are flush fully with the roof should with the weight overall altered considerably be used in conservation areas, as these in respect of the original counter balances in avoid the considerable upstand which most sash windows. Proper restoration and modern roof windows have. The introduction draught proofing of windows can greatly of discreet roof windows may also overcome increase their thermal effectiveness which the need for dormer windows, where these may warrant double glazing unnecessary. would be considered an unacceptable Consideration should also be given to addition. secondary glazing, which can be equally efficient as double glazed units Rainwater goods and, if fitted discretely, need not affect the character of the building. Secondary Rainwater goods are an essential element of glazing is also generally more effective for any roofing system and were traditionally sound proofing. made of lead, however the use of cast iron became more prevalent in the 19th century, The Council does, however, recognise that as is the case at the Convent. Cast iron double glazing is required in new buildings should always be used for rainwater in order to meet current Building Regulation goods on listed buildings, although cast standards. However, such an approach must aluminium may be used in certain be developed as part of the overall design of instances where the historic integrity is the building and should be discussed with less critical. The use of uPVC is, however, the Conservation & Design team at an early best avoided as this has a completely stage. As a general rule, on historic different appearance and weathering case by case basis. All forms of patterned qualities to those of cast metal. The proper slates such as fishscales and diamonds maintenance of a rainwater system on any should be reinstated or new slates cut to building is essential to the long term match the original patterns. Extensive preservation of the building. For rainwater patching on slate roofs and the use of ill goods, consideration should be given to the matched slates and the necessity to clip use of cast aluminium or iron rainwater on slate replacements can disfigure roofs. the Convent buildings. Whilst the installation of artificial and reconstituted slate may be appropriate for Roofs modern buildings outside the Conservation Area, the texture and appearance is It is important that the original roof profile inappropriate in traditional surroundings. of the Convent buildings be retained and The appearance and integrity of many fine preserved, as this forms part of its unique buildings has been spoiled by the character. The majority of roofs in Poor replacement of traditional roofing materials Clares Convent are comprised of natural, with inappropriate mass-produced domestic slate. Until the mid/late 18th materials. For this reason, all forms of century, slate would not have been available artificial slate and reconstituted slate for roofing in Warwickshire. However, with are unacceptable on listed buildings the development of the canals and the and in conservation areas, including on railways, slate came into widespread use. new buildings. Welsh slate is usually used in thin slabs of uniform thickness and size; courses are Chimneys are an important feature of most regular, and a roof slated with this material traditional roofs. They often reflect the plan appears thin, smooth, and precise. Slates form of the building and have been designed are nailed to light timber battens, coursed in as part of the overall building concept. With such a way that the vertical joints are the installation of central heating, many protected and each slate is lapped over two chimney stacks are now redundant and, as others. Less common forms of slating in a consequence, many traditional stacks Warwickshire include the use of stone slate have been removed or reduced in height. and Leicestershire and Lake District slate, The Convent buildings have retained the which are laid to diminishing courses. Where majority of their original chimneys, with slates are laid to diminishing courses they some demonstrating high architectural should always be restored in the same significance, such as the chimneys of the manner and using identical materials. Presbytery. Chimney stacks within conservation areas should always be Spanish and most other imported slates maintained at their original height and are not appropriate in conservation where these have been reduced in areas and on listed buildings as they are height in the past, consideration should noticeably darker than British slates and be given to reconstructing them back to generally contain more impurities. However, their original form with appropriate certain types of good quality slate from string courses and pots. Chimney pots foreign sources may be acceptable in are also an integral item of many stacks that conservation areas, subject to the have often been removed or replaced by appearance and quality of the slate, on a modern equivalents; wherever possible, proposal. It is therefore possible to use uniform pots should be maintained. photo voltaic tiles, however these should be discussed with a WDC Conservation Officer, The installation of new rooflights should be and will be considered on their own merits kept to the minimum and, where considered as to the loss of historic and the visual appropriate, these should be of the Velux impact. conservation type and flush fully with the roof. The installation of dormer windows will Boundary treatments be resisted as these are highly detrimental to the character and appearance of the Boundary treatments within Baddesley Conservation Area. Clinton Conservation Area comprise of a mixture of railings, walls and natural The introduction of solar panels planting or hedges. To the north and north- requires careful consideration in any west, it is essential that the remaining historic setting. The use of solar panels sections of the original Convent wall could possibly be disguised within opposing should be preserved and maintained in roof slopes and therefore will not be visible order to retain the buildings’ original or can be accommodated within the garden enclosure. Estate railings and hedges of a property. Whilst the use of clearly visible are considered appropriate for any new panels on buildings that make a positive boundaries within the complex. contribution to the character of the area is However, unfinished timber fencing should generally not appropriate, the quality of be avoided in order to retain the sense of solar slate has increased in recent years. openness and historic community function. The installation of these will be assessed on a case by case basis and weighed against

Figureenvironmental 9: Examples of traditional benefits boundary arising treatments from in the Conservation the Area

3.0 Policy and legislation development. At a very high level, the objective of sustainable development This section describes the current legislative can be summarised as meeting the and policy framework concerning the needs of the present without protection, conservation and enhancing of compromising the ability of future the built environment. generations to meet their own needs

Paragraphs 20-23 of the NPPF sets out the 3.1 National Planning Policy matters that strategic policies should make Framework (rev. 2019) provision for, although this is not an exhaustive list and authorities will need to In 2012, the National Planning Policy adapt this to meet their specific needs: Framework (NPPF) replaced a wide range of planning policy statements and guidance, 20. Strategic policies should set out including Planning Policy Statement 5 which an overall strategy for the pattern, had superseded Planning Policy Guidance 15 scale and quality of development, and and 16 that, for many years, had shaped make sufficient provision for: conservation practice. In the NPPF, conservation policies are principally in a) housing (including affordable paragraphs 184-202 but policies giving housing), employment, retail, leisure effect to this objective appear elsewhere in and other commercial development; the Framework, including on good design. b) infrastructure for transport, The NPPF is underpinned and supported by telecommunications, security, waste the Planning Practice Guidance, which is management, water supply, reviewed and updated periodically. wastewater, flood risk and coastal The NPPF sets out the Government’s change management, and the planning policies for England and how these provision of minerals and energy should be applied. Protecting and enhancing (including heat); the historic environment is an important c) community facilities (such as component of the Framework’s drive to health, education and cultural achieve sustainable development, as infrastructure); and defined in paragraphs 6-10. The appropriate conservation of heritage assets forms one of d) conservation and enhancement of the ‘Core Planning Principles’ that underpin the natural, built and historic the planning system. Paragraph 7, citing environment, including landscapes Resolution 42/187 of the United Nations and green infrastructure, and General Assembly, states that the overall planning measures to address climate purpose of the planning system is to change mitigation and adaptation. contribute towards sustainable development: Paragraphs 124-132 explain that high quality buildings and places are a vital 7. The purpose of the planning element in the planning process. Design system is to contribute to the expectations should be made clearly at an achievement of sustainable early stage in policies with supplementary planning documents (SPDs) and guidance appropriate to their significance, so (SPGs). The Framework also emphasises that they can be enjoyed for their that good design is a key element in contribution to the quality of life of achieving sustainable development: existing and future generations.

124. The creation of high quality The designation of conservation areas buildings and places is fundamental to requires careful consideration in order to not what the planning and development devalue the concept of conservation: process should achieve. Good design is a key aspect of sustainable 186. When considering the development, creates better places in designation of conservation areas, which to live and work and helps local planning authorities should make development acceptable to ensure that an area justifies such communities. Being clear about status because of its special design expectations, and how these architectural or historic interest, and will be tested, is essential for that the concept of conservation is achieving this. So too is effective not devalued through the designation engagement between applicants, of areas that lack special interest. communities, local planning The NPPF creates a mandatory requirement authorities and other interests for local planning authorities to request that throughout the process. applicants submit heritage statements Polices that are specific to the historic where heritage assets are affected by environment appear in Chapter 16: planning applications: Conserving and enhancing the historic 189. In determining applications, environment, paragraphs 184-202), local planning authorities should providing fundamental policy guidance for require an applicant to describe the informing plan-preparation and decision significance of any heritage assets making. Some notable paragraphs are as affected, including any contribution follows: made by their setting. The level of The Framework highlights that heritage detail should be proportionate to the assets – ranging from local sites of interest assets’ importance and no more than to World Heritage Sites – are irreplaceable is sufficient to understand the resources and should be conserved potential impact of the proposal on appropriately: their significance. As a minimum the relevant historic environment record 184. Heritage assets range from sites should have been consulted and the and buildings of local historic value to heritage assets assessed using those of the highest significance, such appropriate expertise where as World Heritage Sites which are necessary. Where a site on which

internationally recognised to be of development is proposed includes, or

Outstanding Universal Value. These has the potential to include, heritage assets are an irreplaceable resource, assets with archaeological interest, and should be conserved in a manner local planning authorities should require developers to submit an but also from its setting. Heritage assets appropriate desk-based assessment may be affected by direct physical change or and, where necessary, a field by change in their setting. Being able to evaluation. properly assess the nature, extent and importance of the significance of a heritage The Framework gives considerable weight to asset, and the contribution of its setting, is the conservation of heritage assets in very important to understanding the development proposals, irrespective of the potential impact and acceptability of level of harm: development proposals. In most cases, the assessment of the significance of the 193. When considering the impact of heritage asset by the local planning a proposed development on the authority is likely to need expert advice in significance of a designated heritage addition to the information provided by the asset, great weight should be given to Historic Environment Record, similar the asset’s conservation (and the sources of information and inspection of the more important the asset, the greater asset itself. Informed analysis is required as the weight should be). This is harm may arise from works to the asset or irrespective of whether any potential as is particularly relevant to a linear heritage harm amounts to substantial harm, asset, from development within its setting. total loss or less than substantial Constructive conservation is concerned with harm to its significance. the positive contribution that conservation 194. Any harm to, or loss of, the of the setting of heritage assets can make to significance of a designated heritage sustainable communities and for the asset (from its alteration or desirability of new development making a destruction, or from development positive contribution to local character and within its setting), should require distinctiveness. clear and convincing justification. Crucially, when assessing if a proposed Substantial harm to or loss of: development would result in substantial a) grade II listed buildings, or grade harm this is largely concerned with the II registered parks or gardens, should impact on the overall significance of the be exceptional; heritage asset. Substantial harm is a high test; one important consideration could be b) assets of the highest significance, whether the adverse impact seriously affects notably scheduled monuments, a key element of its special architectural or protected wreck sites, registered historic interest. Whilst the impact of total battlefields, grade I and II* listed demolition is obvious, partial destruction or buildings, grade I and II* registered alteration can have a considerable impact parks and gardens, and World but may still amount to less than substantial Heritage Sites, should be wholly harm. Similarly, works that are moderate or exceptional. minor in scale are likely to cause less than substantial harm or no harm at all. However, As the National Planning Policy Framework even minor works may have the potential to makes clear, significance derives not only cause substantial harm, for instance if this from a heritage asset’s physical presence, concerns the removal or alteration of a small weighed against the public benefits of but significant feature of the listed building. the proposal including, where appropriate, securing its optimum The Framework sets out the requirement for viable use. substantial public benefits in order to outweigh substantial harm or total loss of a The Planning Policy Guidance on the historic designated heritage asset: environment outlines that public benefits may arise from many developments and 195. Where a proposed development could be anything that delivers the will lead to substantial harm to (or economic, social or environmental total loss of significance of) a objectives described in the Framework: designated heritage asset, local planning authorities should refuse 8. Achieving sustainable development consent, unless it can be means that the planning system has demonstrated that the substantial three overarching objectives, which harm or total loss is necessary to are interdependent and need to be achieve substantial public benefits pursued in mutually supportive ways that outweigh that harm or loss, or all (so that opportunities can be taken to of the following apply: secure net gains across each of the different objectives): a) the nature of the heritage asset prevents all reasonable uses of the a) an economic objective – to help site. build a strong, responsive and competitive economy, by ensuring b) no viable use of the heritage asset that sufficient land of the right types itself can be found in the medium is available in the right places and at term through appropriate marketing the right time to support growth, that will enable its conservation. innovation and improved productivity; and by identifying and c) conservation by grant-funding or coordinating the provision of some form of not for profit, charitable infrastructure. or public ownership is demonstrably not possible. b) a social objective – to support strong, vibrant and healthy d) the harm or loss is outweighed by communities, by ensuring that a the benefit of bringing the site back sufficient number and range of homes into use. can be provided to meet the needs of Where less than substantial harm occurs, present and future generations; and this too should be weighed against the public by fostering a well-designed and safe benefits of the proposal: built environment, with accessible services and open spaces that reflect

current and future needs and support 196. Where a development proposal will lead to less than substantial harm communities’ health, social and to the significance of a designated cultural well-being. heritage asset, this harm should be c) an environmental objective – to application. In weighing applications contribute to protecting and that directly or indirectly affect non- enhancing our natural, built and designated heritage assets, a historic environment; including balanced judgement will be required making effective use of land, helping having regard to the scale of any to improve biodiversity, using natural harm or loss and the significance of resources prudently, minimising the heritage asset. waste and pollution, and mitigating and adapting to climate change, Specific reference is also made to the including moving to a low carbon demolition of buildings in the conservation economy. area that make a positive contribution, although these do not necessarily have to be Public benefits should flow from the locally listed buildings or sites: proposed development. They should be of a nature or scale to be of benefit to the public 201. Not all elements of a at large and not just be a private benefit. Conservation Area or World Heritage However, benefits do not always have to be Site will necessarily contribute to its visible or accessible to the public in order to significance. Loss of a building (or be genuine public benefits, for example, other element) which makes a works to a listed private dwelling which positive contribution to the secure its future as a designated heritage significance of the Conservation Area asset could be a public benefit. Examples of or World Heritage Site should be heritage benefits may include: treated either as substantial harm under paragraph 195 or less than  sustaining or enhancing the substantial harm under paragraph significance of a heritage asset and 196, as appropriate, taking into the contribution of its setting. account the relative significance of  reducing or removing risks to a the element affected and its heritage asset. contribution to the significance of the  securing the optimum viable use of a Conservation Area or World Heritage heritage asset in support of its long Site as a whole. term conservation.

Non-designated heritage assets (including those identified by the local planning authority) are also afforded some weight in the Framework and a balanced judgement is required when considering the impact of planning applications on the significance of these assets:

197. The effect of an application on

the significance of a non-designated heritage asset should be taken into account in determining the 3.2 The Local Plan (2011-2029) b) No viable use of the heritage asset itself can be found that will enable its conservation.

c) Conservation by grant funding or charitable or public ownership is not possible.

d) The harm or loss is outweighed by the benefit of bringing the site back into use.

This policy adds that where development would lead to less than substantial harm to Warwick District has an adopted Local Plan the significance of a designated heritage (2011-2029) which sets the development asset, this harm will be weighed against the framework for the District. The Plan has public benefits of the proposal, including established a series of strategic polices, securing its optimum viable use. However, allocated sites for development, and Historic England have clarified that ‘area- includes polices to guide the form of based’ designated heritage assets, including development in the District. The Local Plan conservation areas, will not themselves sits beneath the revised National Planning have a single use and therefore securing the Policy Framework. optimum viable use of area-based assets are not relevant considerations in assessing the 3.2.1 HE1 (Designated Heritage Assets and public benefits of development proposals their setting) affecting such heritage assets. Policy HE1 of the Local Plan explains that HE1 also explains that the design of new development will not be permitted if it would buildings and alterations to existing ones lead to substantial harm to or total loss of affecting the setting of listed buildings and the significance of a designated heritage conservation areas needs careful asset. This includes listed buildings, consideration. New buildings and alterations conservation areas, registered parks and to existing buildings should be designed to gardens and scheduled monuments. respect the setting of listed buildings, Development may be permitted however if following the principles of scale, height, it is demonstrated that the substantial harm massing, alignment and the use of or loss is necessary to achieve substantial appropriate materials. Proposals that do not public benefits – the economic, social or accord with the above requirements will not environmental objectives as described in be permitted. NPPF paragraph 8 – that outweigh this harm or loss, or it is demonstrated that all of the In considering planning applications within following apply: conservation areas, the Council will require that proposals do not have a detrimental a) The nature of the heritage asset effect upon the integrity and character of the prevents all reasonable uses of the conservation area. Applicants will be site. required to submit detailed plans with accurate survey drawings, a Design and the need to promote accessibility and Access Statement and a Heritage Statement inclusion in accordance with Policy HS1. to support their application. Applicants should therefore demonstrate how they have sought to reasonably balance Each historic building has its own these competing objectives and where they characteristics related to its original design have made clear choices between policies. and its original or subsequent uses. The policy includes proposals for extensions and HE2 (Conservation Areas) alterations to listed buildings and buildings within conservation areas. For listed This policy states that there will be a buildings, traditional materials and presumption in favour of the retention of appropriate colours and finishes will be unlisted buildings that make a positive required. The use of appropriate materials in contribution to the character and any restoration or alteration works will be appearance of a Conservation Area. Consent expected to maintain the character and for total demolition of unlisted buildings will appearance of both the building and its only be granted where the detailed design of setting and applies to buildings in the replacement can demonstrate that it will conservation areas. The objective of this preserve or enhance the character or policy is to ensure that any works or appearance of the conservation area. alterations to listed buildings are carried out Measures will be taken to restore or bring using appropriate materials to preserve the back into use areas that presently make a integrity of the building. The use of UPVC negative contribution to conservation areas. windows, artificial or imported roofing It is important that development both within material, plastic rainwater goods and the and outside a conservation area, including use of inappropriate colours are all examples to unlisted buildings, should not adversely of what will not be permitted. affect its setting by impacting on important The Council will also exercise its powers views and groups of buildings within and under the Planning (Listed Buildings and beyond the boundary. This policy adds that Conservation Areas) Act 1990 to take action gardens and open spaces that add to the where buildings are considered to ensure historic appearance and interest of that listed buildings in private ownership do conservation areas should be protected from not fall into disrepair. development. The Council will continue to seek directions to restrict permitted The National Planning Policy Framework development rights under Article 4 of the supports the transition to a low carbon Town and Country Planning Act 1995, in future in a changing climate, including the order to maintain areas of high quality use of renewable energy. In the context of townscape. In addition, The Council will also the historic environment, measures to consider, when appropriate, the designation support a low carbon future will only be of new conservation areas and the review of supported where they do not conflict with existing areas.

policies relating to the historic environment. Unlisted buildings can often contribute It is acknowledged that the protection of significantly to the special architectural or listed buildings may not be consistent with historic importance of conservation areas. Buildings that do not merit statutory listing Policy HE3 explains that development that often contribute as much to the overall would lead to the demolition or loss of character of conservation areas as those significance of a locally listed historic asset that are listed buildings. This policy seeks to will be assessed in relation to the scale of retain the integrity and form of unlisted harm or loss and the significance of the buildings in the conservation area and resist asset. Change to locally listed historic assets alterations and demolitions to these should be carried out using traditional buildings where this would have an adverse detailing and traditional materials. effect upon the overall character of the conservation area. Furthermore, the The Council maintains a list of locally demolition of unlisted buildings will only be important historic assets that may not meet supported where details of an appropriate the statutory criteria for listing. Within replacement building are provided. In such conservation areas, permitted development cases a condition will be imposed to ensure rights may be removed by the service of an that demolition does not take place until a Article 4 Direction on locally listed assets. contract for redevelopment has been Where locally listed historic assets are not entered into and planning permission for within a conservation area, the Council may those works has been granted. This will consider implementing an Article 4 Direction prevent unsightly gaps appearing as a result to control aspects of development and of demolition far in advance of demolition. Locally listed historic assets are redevelopment. designated both within and outside conservation areas. The Council maintains its own list of parks and gardens that are of historical interest, Other relevant policies when determining but which may not meet the criteria for applications for listed building consent and inclusion on the national register. These are planning applications affecting heritage important in landscape terms and often assets include BE1 (Layout and Design), BE4 contribute towards the appearance and (Converting Rural Buildings), HE4 character of conservation areas and some (Archaeology) and NE4 (Landscape). The also form the setting of listed buildings. full wording and supporting explanatory text Whilst it is recognised that they are of less for each policy above can be found via the significance nationally, they are important Council’s online Planning Policy. within a local or regional context. The 3.3 Neighbourhood Plans purpose of the list is to ensure that the case for protecting such parks and gardens is The next level down in the hierarchy of taken into account fully when considering planning policies is the Neighbourhood Plan development proposals and to act as a spur (NP). There are several Neighbourhood to the formulation of positive restoration Plans in place around the District. These proposals. A list of these locally important plans must be made in conformity with parks and gardens is set out in the Local national and local policies and are designed

Plan, however this is not exhaustive and is by local communities to guide development based upon research evidence available at Once adopted (or substantially complete) the time of plan preparation. these form part of the policy framework for that area. They can identify additional HE3 (Locally Listed Historic Assets) development sites (over and above that offence not to seek consent when it is identified in the Local Plan) or can further required. guide particular aspects of development. There is currently no Neighbourhood Plan in It is a common misunderstanding that that place for Baddesley Clinton. the special interest of a listed building lies only in its front façade or original features 3.4 Legislation such as fireplaces and plasterwork; the general form and layout of the listed building The Civic Amenities Act 1967 may be as important as any ‘period feature’. Whilst the list entry for each building may The Civic Amenities Act 1967 was an Act to also give assistance, it is not an exhaustive ‘make further provision for the protection description. It is also not a defence to show and improvement of buildings of that consent would or should have been architectural or historic interest and of the given if it had been applied for; a defence is character of areas of such interest; for the available however if the works were urgently preservation and planting of trees; and for necessary in the interests of health and the orderly disposal of disused vehicles and safety. All buildings pre dating 1st July 1948 equipment and other rubbish.’ This within the vicinity of the listed building could introduced the concept of conservation also be protected by being within the areas before being superseded by the 1990 curtilage of the principal building. The Act. Council’s Conservation team should always The Planning (Listed Buildings and be contacted in order to confirm the position Conservation Areas) Act 1990 of any potentially curtilage listed buildings.

The Planning (Listed Buildings and The Act grants exemption from the Conservation Areas) Act 1990 provides requirements of listed building consent to specific protection for buildings and areas of ecclesiastical buildings in ecclesiastical use special architectural or historic interest, in to recognised religious denominations. The addition to the normal planning framework exemption applies to works to all places of set out in the Town and Country Planning Act worship owned by recognised religious 1990. Some key sections of the Act are as bodies listed in the Ecclesiastical Exemption follows: (Listed Buildings and Conservation Areas) (England) Order 2010. Section 9 of the Act sets out the requirement for listed building consent to be obtained for Section 16 states that in considering all works of demolition, alteration or whether to grant listed building consent for extension to a listed building that affect its any works the local planning authority shall character as a building of special have special regard to the desirability of architectural or historic interest. This preserving the building or its setting or any requirement applies to all types of works features of special architectural or historic interest which it possesses. and to all parts of those buildings covered by the listing protection, provided the works Section 54 explains that an urgent works affect the character of the building as a notice may be served to owners of buildings building of special interest. It is a criminal where works are urgently necessary for the preservation of a listed building. These can  Trees and street furniture. – and have been – served in cases where the Council has raised serious concern in The relevant demolition of an unlisted relation to the condition and integrity of a building in a conservation area, without the listed building. These notices are strictly permission of the local planning authority, is limited to urgent repairs to keep a building a criminal offence. An unlisted building that wind and weather-proof and safe from makes a positive contribution to a collapse, or action to prevent vandalism or conservation area is one that is important or theft. The cost of carrying these works can integral to the character or appearance of then be recovered by the local authority the area. Its demolition may amount to under Section 55. substantial harm to the conservation area, proportionate to the relative significance of Section 66 states that in considering the building and its contribution to the whether to grant planning permission for significance of the conservation area as a development which affects a listed building whole. This can be balanced by public or its setting, the local planning authority or, heritage benefits such as: sustaining or as the case may be, the Secretary of State enhancing the significance of a heritage shall have special regard to the desirability asset and the contribution of its setting; of preserving the building or its setting or reducing or removing risks to a heritage any features of special architectural or asset; securing the optimum viable use of a historic interest which it possesses heritage asset in support of its long term conservation. Conservation areas are mostly Section 69 requires the local planning designated by local planning authorities, authority to determine which parts of their although the Secretary of State can area are areas of special architectural or designate a conservation area anywhere in historic interest the character or appearance England in exceptional circumstances – of which it is desirable to preserve or usually where the area is of more than local enhance, and to designate such areas as interest. Conservation areas give protection conservation areas. This means the planning across a broader area of land than listing authority has extra powers to control works individual buildings and all features within and demolition of buildings to protect or the area, listed or otherwise, may be improve the character or appearance of the recognised as part of its character; the area. The special character of these areas is conservation area is greater than the sum of not just made up of buildings, but is also the parts. defined by other features which contribute to particular views and the familiar local Section 71 requires local planning scene: authorities to formulate and publish proposals for the preservation and  The way roads, paths and boundaries enhancement of any parts of their area are laid out. which are Conservation Areas.  Characteristic building and paving

materials. Section 72 specifies that, in making a  The way buildings are used. decision on an application for development  Public and private spaces, such as in a Conservation Area, special attention gardens, parks and greens. shall be paid to the desirability of preserving or enhancing the character or appearance of details of proposed works and reasons. The that area. authority then has six weeks in which to respond and work should not commence The Town and Country Planning (Tree until it has commented, or the six weeks has Preservation) (England) Regulations 2012 expired, whichever takes place first. If the council considers that the proposed works A Tree Preservation Order is made under should not be carried out, it can make a The Town and Country Planning (Tree formal TPO. Preservation) (England) Regulations 2012 by a local planning authority in England to The Regulations can be read in full at The protect specific trees, groups of trees or Town and Country Planning (Tree woodlands in the interests of amenity. An Preservation) (England) Regulations 2012 Order prohibits the cutting down, topping, Other relevant legislation: lopping, uprooting, wilful damage, wilful destruction of trees without the local  The Ancient Monuments and planning authority’s written consent. If Archaeological Areas Act 1979 consent is given, it can be subject to provides specific protection for conditions which have to be followed. monuments of national interest. Cutting roots is also a prohibited activity and  The Protection of Wrecks Act 1973 requires the authority’s consent. provides specific protection for wreck sites of archaeological, historic or The extent to which the trees, groups of artistic interest. trees or woodlands can be seen by the public  The Historic Buildings and Ancient will inform the authority’s assessment of Monuments Act 1953 makes provision whether the impact on the local for the compilation of a register of environment is significant. The trees, or at gardens and other land (parks and least part of them, should normally be gardens, and battlefields). visible from a public place or accessible by the public and contribute to the character or While not part of the legislative framework, appearance of the conservation area. Other the UNESCO Convention Concerning the considerations are size and form; future Protection of the World Cultural and National potential as an amenity; rarity, cultural or Heritage 1972 (to which the UK is a historic value; contribution to, and signatory) makes provision for the World relationship with, the landscape. Anyone Heritage List, which is a list of cultural proposing to carry out works on trees must and/or natural heritage sites of outstanding serve on the Council six weeks’ notice of the universal value. intended works. The notice should contain sufficient information to identify the trees,