CHIS (Clifton and Hotwells Improvement Society)

Summary of Grounds for Objecting to a Planning Proposal

Criteria for Objections to Development in the Conservation Area

(Extracts from Planning Guidance Notes from the Secretary of State for the Department of the Environment, Transport and the Regions)

Grounds for Opposition by Local Residents

'The members of the local planning authority are elected to represent the interests of the whole community in planning matters. But when determining planning applications they must take into account any relevant views on planning matters expressed by neighbouring occupiers, local residents and any other third parties along with all other material considerations. However, local opposition or support for a proposal is not in itself a ground for refusing or granting planning permission, unless that opposition or support is founded upon valid planning reasons which can be substantiated'. (PPG1 / 60)

Consultation

'The Secretary of State attaches particular importance to early consultation with the local planning authority on development proposals which would affect historic sites and structures, whether listed buildings, conservation areas, parks and gardens, battlefields or the wider historic landscape. There is likely to be much more scope for refinement and revision of proposals if consultation takes place before intentions become firm and timescales inflexible. Local planning authorities should indicate their readiness to discuss proposals with developers before formal planning applications are submitted. They should expect developers to assess the likely impact of their proposals on the special interest of the site or structure in question, and to provide such written information or drawings as may be required to understand the significance of a site or structure before an application is determined. The principle of early consultation should extend to English Heritage and the national amenity societies on cases where a formal planning or listed building consent application would be notifiable to them by direction or under the GDO'. (PPG 15 2.11)

'Local planning authorities are urged to ensure that they have appropriately qualified specialist advice on any development which, by its character or location, might be held to have an adverse effect on any sites or structures of the historic environment. Authorities should ensure that the Royal Fine Art Commission is consulted on all planning applications raising conservation issues of more than local importance, and should take the RFAC's views fully into account in reaching their decisions' (PPG 15)

Architectural and Historical Analysis of the Local Conservation Area

'The special architectural features of the surrounding buildings need to be analysed and their details reflected in the new proposals. In particular, the design of new buildings in Conservation Areas should consider the height, scale, proportion, and alignment of the surrounding traditional buildings, and have regard to the existing density and patterns of development'. 'In order successfully to integrate new development into the environment, it is necessary to have a knowledge and understanding of its local context, ie the visual and functional characteristics of that area'.

Requirement to preserve or enhance the character of the conservation area

'In the exercise, with respect to any buildings or other land in a conservation area, of any powers under any of the provisions mentioned [Planning Acts and Part I of the Historic Buildings and Ancient Monuments Act 1953] …. special attention shall be paid to the desirability of preserving or enhancing the character or appearance of that area' (Planning (Listed Buildings and Conservation Areas) Act 1990 S72). 'The Courts have recently confirmed that planning decisions in respect of development proposed to be carried out in a conservation area must give a high priority to the objective of preserving or enhancing the character or appearance of the area. If any proposed development would conflict with that objective, there will be a strong presumption against the grant of planning permission, although in exceptional cases the presumption may be overridden in favour of development which is desirable on the ground of some other public interest'. (PPG15 4.19)

As to the precise interpretation of 'preserve or enhance', the Courts have held (South Lakeland DC v Secretary of State for the Environment, [1992] 2 WLR 204) that there is no requirement in the legislation that conservation areas should be protected from all development which does not enhance or positively preserve. Whilst the character and appearance of conservation areas should always be given full weight in planning decisions, the objective of preservation can be achieved either by development which makes a positive contribution to an area's character or appearance, or by development which leaves character and appearance unharmed. (PPG 15 4.20) There is a strong presumption against the grant of planning permission for a development which would conflict with these objectives. The guidance states that development which leaves the character and appearance of an area unharmed has been considered by the courts to preserve that character and appearance. The essential test therefore is to consider if any demonstrable harm would be caused to the character and appearance of the Clifton Conservation Area.

English Heritage Advice Notes

'In considering proposals for new buildings in conservation areas the principal concerns should be the appropriateness of the overall mass or volume of the building, its scale (the expression of size indicated by the windows, doors, floor heights, and other identifiable units), and its relationship with its context - whether it sits comfortably. The new building should be in harmony with, or complimentary to, its neighbours, having regard to the adjoining architectural styles. The use of materials generally matching those which are historically dominant in the area is important, as is the need for the development not to have a visually disruptive impact on the existing townscape or street scene. It should also, as far as possible, fit into the grain of an historic area, for example by respecting surviving medieval street patterns. All these aspects can be assessed to a large degree without reference to the architectural style adopted for the design, whether contemporary or historicist. The few exceptions will include new development forming part of or adjoining an important architectural set piece of recognised quality, which must be taken into account.

Whilst the character and appearance of conservation areas should always be given full weight in planning decisions, the objective of preservation can be achieved either by development which makes a positive contribution to an area's character or appearance, or by development which leaves character and appearance unharmed'. (PPG15 4.20)

Setting of Listed Buildings

'In considering whether to grant planning permission for development which affects a listed building, the local planning authority or, in 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 possess'. (Planning (Listed Buildings and Conservation Areas) Act 1990.

The site may be considered to be within the setting of Brunel's Clifton Suspension Bridge, a Grade I Listed Building.

Design Criteria

The Bristol Local Plan aims to ensure that … 'new buildings within a historic context are well designed, following common sense rules of scale, alignment, massing and proportion, and that they utilise materials appropriate to the locality. It is essential that these new buildings are sensitive and responsive to the character of their locality'. 'Local planning authorities should reject poor designs, particularly where their decisions are supported by clear plan policies or supplementary design guidance which has been subjected to public consultation and adopted by the local planning authority. Poor designs may include those inappropriate to their context, for example those clearly out of scale or incompatible with their surroundings'. (PPG1 (17). Local planning authorities should not attempt to impose a particular architectural taste or style arbitrarily. It is, however, proper to seek to promote or reinforce local distinctiveness particularly where this is supported by clear plan policies or supplementary design guidance. Local planning authorities should not concern themselves with matters of detailed design except where such matters have a significant effect on the character or quality of the area, including neighbouring buildings. Particular weight should be given to the impact of development on existing buildings and on the character of areas recognised for their landscape or townscape value, such as National Parks, Areas of Outstanding Natural Beauty and Conservation Areas. (PPG1 18) 'Many conservation areas include gap sites or buildings that make no positive contribution to, or indeed detract from, the character or appearance of the area; their replacement should be a stimulus to imagination, high quality design, and seen as an opportunity to enhance the area. What is more important is not that new buildings should directly imitate earlier styles, but that they should be designed with respect for their context, as a part of a larger whole which has a well-established character and appearance of its own.' (PPG 4.17)

Sustainable Development

'The Government has committed itself to the concept of sustainable development … Yet the historic environment of England is all-pervasive and it cannot in practice be preserved unchanged. We must ensure that the means are available to identify what is special in the historic environment; to define through the development plan system its capacity for change; and when proposals come forward to assess their impact on the historic environment and give full weight alongside other considerations.' (PPG 15 1.3)

Bristol Local Plan (December 1997)

• B1 A distinction is made between 'landmark' and 'background' buildings. Background buildings are required to respond to the local context.
  
• B2 B2 addresses local context and sets out 4 criteria:
  • Landform
  • Scale and proportion
  • Detailed design
  • Retention and enhancement of existing urban spaces
  Proposals which cause harm to the character and/or appearance of an area or visual impact of historic buildings, views or landmarks will not be permitted.
  
• B5 Aspires to a high standard of design for new development. Consideration should be given to close and far views of the site, and the use of appropriate materials.
  
• B15 Advice on design issues:
  • Townscape and landscape features that contribute to the character or appearance of streets and open spaces within conservation areas should be preserved or enhanced.
  • Development will not be permitted where it would unacceptably harm landscapes, open spaces and gardens that contribute to the character of the area.
  • The introduction of car parking into areas historically used as gardens and forecourts will not be permitted where it erodes either the character of the street and/or the setting of historic buildings

  Conservation Policies

  • New Buildings in Conservation Areas:
    'The council will seek to maintain and strengthen the traditional form of individual streets and ensure that new development is in keeping with its surroundings, both in character and appearance. As with traditional buildings within the historic street scene new schemes should contain both the individuality of the designer and the need to respond to context. The best solutions are based on a knowledge of the locality together with an attention to detail and craft tradition'.
  • Section 3.2 (Less formal or informal building groups):
    'Where building groups are less formal or lesser architectural merit, building forms other than replicas are appropriate provided they complement and contribute to the character of the area. The special architectural features of the surrounding buildings need to be analyzed and their details reflected in the new proposals'.

  Design Criteria:

  • P3 The height of new building should reflect that of surrounding properties. Where existing heights are varied, new development should remain within the range of heights of historic neighbouring properties.
    
  • P4 Within the existing building groups new facades should respond to the rhythm, scale and proportion of neighbouring properties.
  • P5 In traditional streets in conservation areas, new development should respect the established building line.
  • P6 The density and architectural style of new development should respect the scale, form, grain and materials of the historic context of its conservation area.

  Building Elements

  • P7 Roof forms and materials should reflect the tradition of the locality; the use of roofing materials of similar profile, colour, and texture will be required to relate to historic surroundings.
  • P8 Materials are a fundamental component of the character of conservation areas and thus new development will be expected to respect, retain and strengthen this tradition reflecting the predominant natural material.
  • P9 Distinctive patterns of building give a special identity to Bristol and should be considered in the treatment of facades to new buildings.
  • P10 Windows in new buildings should reflect the proportions found in the traditional buildings of the locality; and be in balance with the design as a whole.