SUPPLEMENTARY PLANNING DOCUMENT Management of the Caves of Nottingham DRAFT: 14-05-19 1 Quick guide to the Caves Supplementary Planning Document: This document provides guidance to inform the management of development proposals, which could affect caves. The document supplements policies of the Local Plan Part 1 (Greater Nottingham Aligned Core Strategies (2014)) and the emerging Local Plan Part 2 (Land and Planning Policies Document). 1 Foreword I am delighted to endorse this Supplementary Planning Document for Caves. Caves are a key feature of Nottingham’s historic environment and the City has more caves made by people than any other British City. Their antiquity, functions, extent and number make them a unique asset nationally. They are important heritage assets and complement development, encourage tourism and provide research opportunities. This document provides guidance to developers, and further informs on the management of development proposals that could affect caves, in accordance with the emerging Land & Planning Policies Local Plan (Part 2). Councillor Linda Woodings Portfolio Holder for Planning, Housing and Heritage 2 Purpose and status of the document This Supplementary Planning Document (SPD) has been prepared to provide further detail to that set out in the Nottingham City Local Plan Part 2 (2019) regarding the management of caves in the planning process. Nottingham City Council will refer to this document when considering planning applications or offering pre-applications advice, and will expect applicants and their agents to do likewise. Definitions of terms used are provided in the Glossary attached to this document. The adopted SPD will be a material consideration when determining planning applications The SPD conforms to the National Planning Policy Framework (NPPF) and is supplementary to the Local Plan Part 1 (Greater Nottingham Aligned Core Strategies (2014) and the emerging Local Plan Part 2 Land and Planning Policies document (LAPP). Policy HE2: Caves, of the emerging LAPP is set out below: Policy HE2: Caves 1. Within the City Centre Caves Area, as imapct of proposals upon the significance shown on the Policies Map, or elsewhere of the Nottingham Caves resource through: within 10 metres of a cave identified on the a) preservation of the caves from harm City Council’s Historic Environment Record during site investigation and construction, (HER), it should be assumed from the and sensitive incorporation of these into earliest pre-application stage that caves development; are present on a development site until b) retention of access to caves where demonstrated otherwise. existing, and where possible providing access where this does not exist: and 2. When submitting planning applications for c) providing appropriate record and development proposals which include new interpretation, where this does not already build, extensions, changes of use or any exist (or is not adequate to support the other type of development involving below application). ground intrusion, or works to the ground floor that have the potential to permanently 4. Planning permission will not be granted prevent futire access to caves, on sites for developments which destroy, damage where caves exist or there is potential for or block access to caves unless it caves to exist, applicants will be required is adequately demonstrated that no to submit a Caves Assessment, which will reasonable alternative is possible and provide sufficient information to assess they represent the best sustainable the known and potential presence and use of the site, and/or the merits of the significance of caves and the imapct of proposals for the site bring substantial proposals upon their significance and that social, environmental or regeneration of the wider caves resource. benefits, which outweigh the harm to the significance of the caves and cannot be 3 Proposals will be expected to recognise, delivered by other means. conserve and enhance caves as a nationally unique feature and assess the 3 Consultation This draft SPD has been prepared for public consultation, the results of which will help shape the final document. The consultation period runs from 28 June 2019 to 9 August 2019. A copy of the draft SPD can be viewed at: • http://documents.nottinghamcity.gov.uk/download/7028 • The City Council’s offices at Loxley House, Station Street, Nottingham, NG2 3NG • The Local Studies Library, Nottingham City Library, Angel Row, NG1 6HP You may comment on the SPD in a number of ways: On line at: Caves SPD https://www.nottinghamcity.gov.uk/localplanconsultations By email to: [email protected] By post: Nottingham City Council, Planning Policy Team, Development, Loxley House, Station Street, Nottingham, NG2 3NG If you would like any further information on the SPD please contact the Planning Policy Team at the above address or by telephone on (0115) 876 4594. 4 1.0 The Caves Resource 1.1 Spatial Distribution The Historic Environment Record (HER) Most of the known caves lie in the city currently contains records representing centre, within an area bordered by Lenton approximately 860 sandstone caves and Boulevard and Radford Boulevard to the cave systems. The HER incorporates the west, the Forest Road East cemetery and St work of earlier researchers but is also Ann’s to the north-east, and Sneinton to the continually being updated as new caves east. Caves do, however, exist in outerlying are identified, and further discoveries are areas and extend beyond the Nottingham expected. City Council boundary. 5 Nottingham Caves Location ‘Hot Spot‘ Map Old Nottingham City overview Basford Sherwood New Basford Extent of main map Mapperley Forest Park Fields Hyson Green St Anns Radford Sneinton The Park Lenton The Meadows Cave locations (April 2019) More caves around here © Crown Copyright and database right 2019. Ordnance Survey Licence number 100019317. 6 1.0 The Caves Resource 1.2 Form, Function and Chronological Development Over 800 artificial caves are preserved beneath the streets of Nottingham. Some date back to the medieval period and possibly even earlier. These caves constitute a feature of the City that is nationally unique. They have been used in the past for a vast array of purposes, including dungeons, beer cellars, cess-pits, tanneries, malt-kilns, houses, wine cellars, tunnels, summer-houses, air-raid shelters, sand mines, follies, dovecotes and even a bowling alley. This Supplementary Planning Document clarifies what applicants need to do within the planning process to meet the requirements of the Caves Policy within the LAPP (Policy HE2: Caves). Most caves take the form of one or more chambers accessed from the surface, and linked below ground by passages. These seem often to have been dug for storage, but a wide range of other functions has also been recorded. Others take the form of access passages. In many cases documentation and physical evidence of usage are absent. Many caves and cave systems were extended over time, and developments of cave systems and the properties overlying them can sometimes be correlated. 1.3 Accessibility Some caves are publicly accessible in visitor attractions such as Nottingham Castle, the City of Caves (accessed from the Broadmarsh Shopping Centre), the National Justice Museum, Wollaton Hall, the Malt Cross and the Museum of Nottingham Life in Brewhouse Yard. In addition, a small number of caves may be accessed by special arrangement (including the Peel Street sand mine, Sneinton Hermitage and a small number of public houses). Most caves, however, are not accessible to the public. 7 2.0 Legislation and Planning Policy relating to Caves 2.1 Listed Buildings and Listed Building Consent Under the Planning (Listed Buildings and Conservation Areas) Act 1990, any alteration to a listed building requires Listed Building Consent administered by the Local Planning Authority (LPA). The Act (66[1]) requires the LPA or the Secretary of State (as appropriate) to ‘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. …’ Building’ includes any structure or erection, and any part of a building, as so defined, but does not include plant or machinery comprised in a building.’ Modification of a cave below a listed building would therefore require Listed Building Consent. It is a criminal offence to carry out works Listed Building without such consent or to fail to comply with the terms of such consents. 2.2 Scheduled Monuments and Scheduled Monument Consent Under the Ancient Monuments and Archaeological Areas Act 1979, the consent of the Secretary of State is required before any works are carried out which would have the effect of demolishing, destroying, damaging, removing, repairing, altering, adding to, flooding or covering up a Scheduled Monument. It is a criminal offence to carry out such actions without such consent or to fail to comply with the terms of such consents. 2.3 Planning Permission - Conservation Areas, Registered Parks and Gardens and Nottingham Local List Under the Planning (Listed Buildings and Conservation Areas) Act 1990, 72, ‘special attention shall be paid to the desirability of preserving or enhancing the character or appearance of that [conservation] area’. The preservation and/or enhancement of conservation areas is managed through planning permission. The significance of caves to the character or appearance of a conservation area and the impact of development on the significance of the