Table of Contents 18. Cultural Heritage ..............................................................18-1 18.1 Introduction ................................................................................................. 18-1 18.2 Legislation and Planning Policy Context ..................................................... 18-1 18.3 Assessment Methodology and Significance Criteria ................................... 18-6 18.4 Baseline Conditions .................................................................................. 18-11 18.5 Development Design and Impact Avoidance ............................................ 18-11 18.6 Likely Impacts and Effects ........................................................................ 18-12 18.7 Mitigation and Enhancement Measures ................................................... 18-19 18.8 Limitations or Difficulties ........................................................................... 18-20 18.9 Residual Effects and Conclusions ............................................................ 18-20 18.10 References ............................................................................................... 18-22 Tables Table 18-1: Summary of Principal Consultation Activities ...................................... 18-7 Table 18-2: Factors for Assessing the Value of Heritage Assets............................ 18-9 Table 18-3: Factors for Assessing the Magnitude of Impact ................................ 18-10 Table 18-4: Factors for Assessing the Significance of Effect ............................... 18-11 Table 18-5: HER Assets Within the CO2 Gathering Network, Natural Gas Connection Corridor and Electrical Connection Corridor ........................................................ 18-15 Table 18-6: Summary of Significant Effects ......................................................... 18-21 Prepared for: Net Zero Teesside Power Ltd. & Net Zero North Sea Storage Ltd. 18. Cultural Heritage 18.1 Introduction 18.1.1 This chapter of the Preliminary Environmental Information (PEI) Report describes the existing environment with regard to the cultural heritage resource, which comprises archaeology, built heritage and historic landscape, and assesses the potential impacts of the Proposed Development during the construction, operation and decommissioning phases. Where the potential for significant effects is identified, mitigation measures and residual impacts are presented. 18.1.2 Detailed baseline information is provided in Appendix 18A: Cultural Heritage Baseline (PEI Report, Volume III) along with Figure 18-1: Location of Designated Heritage Assets (PEI Report, Volume II) and Figure 18-2: Location of Non-designated Heritage Assets (PEI Report, Volume II). 18.2 Legislation and Planning Policy Context The Ancient Monuments and Archaeological Areas Act 1979 18.2.1 The Ancient Monuments and Archaeological Areas Act (1979) imposes a requirement for Scheduled Monument Consent for any works of demolition, repair, and alteration that might affect a designated scheduled monument. The Planning (Listed Buildings and Conservation Areas) Act 1990 18.2.2 The Planning (Listed Buildings and conservation areas) Act 1990 (the Act) sets out the principal statutory provisions concerning the listing of buildings and designation of conservation areas, and provisions that must be considered in the determination of any application affecting listed buildings or conservation areas. 18.2.3 Section 66 of the Act states that in considering whether to grant planning permission for development which affects a listed building or its setting, the local planning authority, or 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. By virtue of Section 1(5) of the Act a listed building includes any object or structure within its curtilage. 18.2.4 Section 72 of the Act establishes a general duty on a local planning authority or the Secretary of State with respect to any buildings or other land in a conservation area to pay special attention to the desirability of preserving or enhancing the character or appearance of a conservation area. Prepared for: Net Zero Teesside Power Ltd. & Net Zero North Sea Storage Ltd. 18-1 National Planning Policy Framework 18.2.5 The National Planning Policy Framework (NPPF) (MHCLG, 2019) sets out the Government’s planning policies for England and how these should be applied to contribute to the achievement of sustainable development. While the EIA methodology forms part of a separate regime, national planning policy and guidance is relevant to the consideration of the Proposed Development. 18.2.6 Section 16 of the NPPF deals specifically with the historic environment. Where changes are proposed, the NPPF sets out a clear framework to ensure that heritage assets are conserved, and where appropriate enhanced, in a manner that is consistent with their significance. 18.2.7 The NPPF sets out the importance of being able to assess the significance of heritage assets that may be affected by a development. Significance is defined in Annex 2 as being 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 is not only derived from an asset's physical presence, but also from its setting. The setting of a heritage asset is defined in Annex 2 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”. 18.2.8 Paragraph 189 of the NPPF states that 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. Similarly, there is a requirement on local planning authorities, having assessed the particular significance of any heritage asset that may be affected by a proposal to take this into account when considering the impact of a proposal on a heritage asset (paragraph 190). 18.2.9 In determining planning applications, local planning authorities should take account of the following points: · the desirability of sustaining and enhancing the significance of heritage assets and putting them to viable uses consistent with their conservation; · the positive contribution that conservation of heritage assets can make to sustainable communities including their economic vitality; · the desirability of new development making a positive contribution to local character and distinctiveness (paragraph 192); and · opportunities to draw on the contribution made by the historic environment to the character of a place. 18.2.10 Paragraphs 193 to 197 of the NPPF introduce the concept that heritage assets can be harmed or lost through alteration, destruction or development within their setting. This harm ranges from less than substantial through to Prepared for: Net Zero Teesside Power Ltd. & Net Zero North Sea Storage Ltd. 18-2 substantial. With regard to designated assets, paragraph 193 states that great weight should be placed on their conservation, irrespective of whether any potential harm is considered to be substantial or less than substantial. The paragraph goes further to say that the more important the asset, the greater the weight should be on its conservation. In paragraph 194, a distinction is made in respect of those assets of the highest significance (e.g. scheduled monuments1, Grade I and grade II* listed buildings) where substantial harm to or loss should be wholly exceptional. 18.2.11 In instances where development would cause substantial harm to or total loss of significance of a designated asset, consent should be refused unless it can be demonstrated that the development is necessary to achieve substantial public benefits that outweigh that harm or loss (paragraph 195). In instances where development would cause less than substantial harm to the significance of a designated asset, the harm should be weighed against the public benefits of the proposal to provide a balanced judgment (paragraph 196). 18.2.12 With regard to non-designated assets, paragraph 197 states that the effect of the application on the significance of the asset should be taken into account in determining the application. A balanced judgment will be required having regard to the scale of any harm or loss and the significance of the heritage asset. National Policy Statement (NPS) for Energy EN-1 18.2.13 The NPS EN-1 (DECC, 2011) sets out the government’s overarching policy statement for energy. With regard to the Historic Environment the NPS provides a series of requirements and recommendations for the appropriate level of assessment of energy proposals that have the potential to impact upon the historic environment, and decision-making policies. These accord with the polices outlined in the NPPF. Local Planning Policy 18.2.14 The Redcar and Cleveland (2018) Local Plan was adopted May 2018. Policies relating to cultural heritage and that are relevant to this assessment include HE 1 Conservation Areas, HE 2 Heritage Assets and HE 3 Archaeological Sites and Monuments. 18.2.15 Policy HE 1 states that development within or affecting the setting of a conservation area will only