The Torbay towns
14.1 The three major towns that comprise Torbay - Torquay,
Paignton and Brixham - are very different both in terms of their
present character and their history. Paignton and Brixham are
older than Torquay; in fact the settlements date back to Saxon
times. In the Middle Ages, Paignton was an important town, and
country seat of the Bishops of Exeter. The town expanded significantly
in the mid-nineteenth century following land reclamation from
the sea and the arrival of the railway. Brixham originally developed
as two separate areas of settlement, one around St. Mary’s
Church and one around the harbour, but has since expanded to
become one, largely as a result of the importance of the fishing
industry. Until the eighteenth century, Torquay consisted of
several distinct, and in some cases historic, hamlets but following
the strategic importance of the Bay as a naval base and anchorage
during the Napoleonic wars, it grew to become a fashionable watering
place and holiday resort.
14.2 Torbay also embraces a number of rural settlements.
Some of these are still distinct, such as Cockington, Churston,
Galmpton and Maidencombe, whilst others have been subsumed by
later development, especially in Torquay. A number of these settlements
are of considerable antiquity and have distinctive characteristics.
14.3 Attractive environments are part and parcel of Torbay’s
quality of life and as such represent an important aspect of
sustainable development. It is important to maintain these environments
not just for their own sake, but because their rich and varied
nature is vital to the economic health of the resort and they
are important as places where people live and work.
14.4 It is necessary not only to recognise that the existing
urban and rural fabric is a resource but also to try and make
the best and fullest use of it. PPG15 ‘Planning and the
Historic Environment’ (1994) states at the outset: “It
is fundamental to the Government’s policies for environmental
stewardship that there should be effective protection for all
aspects of the historic environment” (paragraph 1.1).
Conservation Areas
14.5 The concept of the Conservation Area is contained
in the Planning (Listed Buildings and Conservation Areas) Act
1990 which imposes a duty on the Local Planning Authority to
decide which areas have a special architectural or historic character
to be preserved or enhanced. In this way the Act recognises the
need to protect Conservation Areas from deterioration due to
decay, neglect or potential threats from unsympathetic redevelopment
and alteration.
14.6 The character of a Conservation Area does not necessarily
depend on the presence of listed buildings. The emphasis is on
the area as a whole rather than on individual buildings. The
groupings of the buildings themselves, the curve of the street,
trees or open spaces may all be significant features of a Conservation
Area. The Council aims to focus its powers on these areas, allowing
change and renewal where appropriate, but ensuring that individual
characteristics are preserved and enhanced. This does not mean
stagnation; conservation will always be the prime objective,
but the needs for change and renewal are often as great as the
need for preservation.
14.7 There are 24 Conservation Areas within Torbay:-
Torquay
Torquay Harbour
Warberries
Lincombes
Chelston
Cockington
St.Marychurch
Babbacombe Downs
Maidencombe
Barton
Cary Park
Belgravia
Watcombe Park
Torre
Tormohun
Upton
Abbey Road
Paignton
Old Paignton
Polsham Park
Roundham
Shorton
Brixham
Churston Ferrers
Brixham Town
Higher Brixham
Galmpton.
14.8 Many of these areas are continuing to experience
considerable pressures for change. This is especially true in
low density areas, where large properties set in extensive grounds
lend themselves commercially to redevelopment. In the past this
has often been in the form of high rise flats, totally out of
scale with the surrounding areas and destroying their charm and
character. Pressure for change should not necessarily be seen
as a negative factor. Many of Torbay’s Conservation Areas
have been designated ‘warts and all’ and contain
areas of very mixed quality, including past development that
is totally out of context with the surrounding area. Redevelopment
or alterations to existing buildings may provide opportunities
to design more appropriate new buildings or to restore lost or
degraded features. The Environmental Guide contains
townscape analyses of the 24 Conservation Areas in Torbay, which
should help to identify constraints and opportunities.
14.9 Current legislation places a strong emphasis on the
need to preserve or enhance the character or appearance of Conservation
Areas. This is seen as a crucial criterion when assessing applications
for development in Conservation Areas. Development which fails
this test will not be approved unless there are public benefits
in doing so. The Council will also continue to exercise stringent
control over demolition that requires permission or consent.
In particular it will seek the retention and conservation of
buildings of historic or architectural merit.
14.10 Policy BE5 outlines the Council’s
strategy for Conservation Areas. It includes issues such as the
control of demolition, alterations and extensions, boundary features
and design aspects, as well as the control of development in
adjacent areas which could impact significantly on the townscape
and environmental qualities within Conservation Areas.
Listed buildings
14.11 Buildings which are listed as being of Special Architectural
or Historic Interest represent an important ingredient of the
built environment. In Torbay, they are many and varied in type,
from medieval churches through the vernacular buildings of later
centuries to the cottages, villas and terraces of the Victorian
era. A few notable buildings of the period between the two world
wars have been included in the most recent lists.
14.12 The Statutory List of Buildings of Special Architectural
or Historic Interest has been reviewed and new lists were published
in 1993. These lists contain some 840 entries, an increase over
the old list of more than 40%. The list contains detailed descriptions
which serve to draw attention to particular aspects which are
important to the character of the buildings, although these descriptions
do not itemise all the features of interest and should only be
used for the purpose of identifying the building.
14.13 Policies BE6 and BE7 intend
to ensure maximum protection of listed buildings from inappropriate
development, whilst encouraging as much flexibility as possible
in order to bring about their conservation and the establishment
of suitable uses for them. Policy BE6 also has
regard to the need for further listing where this is appropriate.
14.14 The Local Plan puts forward a range of policies
and proposals designed to preserve and enhance existing amenities,
to remove eyesores and to ensure that new development is appropriate
in scale and design to its surroundings. In this respect, the
Council is particularly concerned that new development should
reinforce the identity of the settlements that lie within Torbay.
More detailed guidance is contained in the Environmental
Guide.
Archaeology
14.15 Torbay is rich in archaeological remains, which
vary from buried sites and shipwrecks to standing structures.
They span an enormous time scale from the stone age to the twentieth
century. The most significant sites are protected by law as Scheduled
Monuments in recognition of their national importance. There
are currently fourteen such sites in Torbay, two of which also
fall partly within South Hams:-
Torquay
Walls Hill
Kents Cavern
St. Michaels Chapel, Chapel Hill,
Torre Abbey
Paignton
Bishop’s Palace
Broadsands chambered tomb
Two bowl barrows, near the Beacon, Beacon Hill (partly in
South Hams District)
Two prehistoric hilltop enclosures, ditch system and four
bowl barrows, near Barton Pines Inn (partly in South Hams District)
Brixham
Ashhole Cavern
Windmill Hill Cave
Battery Gardens
Berry Head Fort no. 1 (The Old Redoubt)
Berry Head Fort no. 3
Hardys Head Battery
14.16 This list is currently under review and it is possible
that more such sites will be identified.
14.17 In addition to Scheduled Monuments, there are several
hundreds of other sites recorded in the Historic Environment
Record which is maintained by the Council. Although these sites
are not protected by law, they are a significant part of our
heritage and the Council will be guided by its Archaeologist
in endeavouring to protect these remains. The Historic Environment
Record is growing all the time as new sites and objects are discovered.
14.18 PPG16 ‘Archaeology and Planning’ (1990)
(paragraph 6) advises that: “Archaeological remains should
be seen as a finite, and non-renewable resource, in many cases
highly fragile and vulnerable to damage and destruction. Appropriate
management is therefore essential to ensure that they survive
in good condition. In particular, care must be taken to ensure
that archaeological remains are not needlessly or thoughtlessly
destroyed. They can contain irreplaceable information about out
past and the potential for an increase in future knowledge. They
are part of our sense of national identity and are valuable both
for their own sake and for their role in education, leisure and
tourism”.
14.19 One of the problems with archaeological remains
is that many are undiscovered until excavation, often in connection
with redevelopment taking place. This emphasises the need to
identify them at an early stage in order to ensure that they
can be preserved or recorded. Policies BE9 and BE10 address
both these issues and also the need in appropriate cases to enhance
the setting of preserved remains.
Environmental enhancement
14.20 A number of Local Plan policies and proposals seek
to improve the quality of the environment. The Council has a
statutory duty to formulate proposals for the preservation and
enhancement of Conservation Areas and will have a broader responsibility
to promote environmental improvements under the Local Government
Act (2000). The aim is also to promote environmental enhancement
schemes in key urban and rural areas where there is scope for
improvement. In particular opportunities for improvement are
identified in town centres and in locations where traffic management
and traffic calming measures are being carried out. If carefully
designed, such measures can introduce visual amenity improvements,
for example through use of appropriate surfacing and street furniture.
In addition, Policies BES, BE1 and BE2 aim
to enhance the attractiveness of public spaces.
14.21 Wherever possible, the Council will seek partnership
with businesses and the community in enhancement schemes. An
example of this is the Winner Street and Church Street Heritage
Economic Regeneration Scheme. This was a three year scheme which
achieved improvements to shopfronts, pedestrian access and signage.
14.22 Town Centres and harbours are focal points within
Torbay and it is important that their natural charms are positively
enhanced. The economic importance of an attractive shopping environment
is underlined in Chapter 6 Shopping and Town Centres. Shopping
centres are probably the most important meeting places in a town
for residents and tourists alike. Environmental improvements
will increase their social attractiveness in addition to making
shopping a more pleasant experience. Policies BE3 and BE4 deal
with shopfronts and advertisements, whilst proposals for environmental
improvements in the main shopping centres and elsewhere are included
in Chapter 15 (see Policies T4 Torquay town centre improvements, T5
Paignton town centre improvements, T6 Brixham
town centre improvements and T7 Access for people
with disabilities and T24 Traffic Management
Zones). The regeneration and enhancement of the Harbourside
and surrounding waterfront area are included in Chapter 5 (see Policy
TU1 Harbourside and Waterfront Regeneration) and Chapter
4 (see Policy E8 Northern arm breakwater).
14.23 Policy BE11 defines a hamlet envelope
around Edginswell and Policy BE12 seeks to control
the conversion of buildings to new uses in rural areas.
New development
14.24 Torbay’s environment is its finest asset.
New development must not detract from its natural charms or its
attractive buildings and should be designed to complement them.
In some parts of Torbay unsympathetic redevelopment in the past
may have degraded the quality of the environment but this should
not be regarded as constituting a precedent for further inappropriate
intrusions. Rather it should be seen as a reason for securing
improvements and raising the quality of urban design. In areas
of high quality, the need for commensurate quality in new development
should be self-evident but in either case the Council will seek
to encourage good contemporary design which is responsive to
its setting.
14.25 There are strong social, economic and environmental
reasons for attempting to raise the quality of design in the
built environment. The surroundings in which people live, work
and spend their leisure time can affect the way in which they
feel about that place and the way others, such as investors,
view the area. A poor environment for example can affect the
perception of safety. PPG1 ‘General Policy and Principles’ (1997)
(paragraphs 13 - 20) places a strong emphasis on good urban design
in new developments.
14.26 Current Government advice is to maximise new development
within urban areas. However, it also stresses that this can only
be achieved by a high standard of design (PPG3 (2000) paragraphs
54-56). It is important that the quality of life for existing
and new residents is not compromised by over-development (town
cramming) and / or unsympathetic development. The Urban Housing
Potential Study, whilst seeking to maximise opportunities for
new housing development in urban areas, has been prepared with
these important environmental considerations in mind. Policy
BES sets out a strategy for the conservation and enhancement
of the built environment. Policies BE1 and BE2 outline
the Council’s general requirements for the design of new
development, including contextual, landscaping and environmental
factors, whilst the Environmental Guide provides
greater detail on a wide range of design issues.
THE BUILT ENVIRONMENT POLICIES AND PROPOSALS
BES Built environment strategy
Proposals should conserve or enhance the built
environment, ensuring that the integrity of local character and
distinctiveness is protected. Development will not be permitted
where it would harm features of historical, architectural and
archaeological value or interest.
Explanation:
14.27 The Local Plan strategy aims to treat environmental
conservation as an underlying theme to the Plan. Torbay’s
built environment is regarded as an important resource which
should be conserved or enhanced wherever possible both within
Conservation Areas and elsewhere.
BE1 Design of new development
Proposals for new development which have an
impact on the townscape or landscape should be designed to take
account of their wider context in terms of scale, density, massing,
height, landscaping, layout and access and the promotion of safety
and security. Positive enhancement of the built environment will
be sought, in particular in Conservation Areas.
Explanation:
14.28 It is essential to maintain and improve the quality
of the local environment. This is of importance both for the
people who live in the area and for an area such as Torbay that
depends on tourism as the mainstay of its economy.
14.29 The Council is keen to promote good design, and
to achieve development which takes into account the defining
characteristics of its surroundings whilst enhancing its setting.
In highly formal, controlled and uniform urban areas, design
solutions need to be based closely on existing patterns. However,
it must be emphasised that regard to context does not always
imply a need to mimic the surroundings or architectural styles
from the past. It is often more acceptable to design in a manner
which is up to date, whilst making subtle references to its surroundings.
14.30 The Council will support the introduction of Village
Design Statements prepared by a local community, provided such
Statements are in conformity with the relevant policies and proposals
of the Local Plan. Statements can be important where they help
to safeguard the character of an area and protect it against
harmful development. A Village Design Statement seeks to describe
distinctive local character and to set out clear and simple guidance
to ensure that any new development fits with its surroundings.
This may be a useful form of guidance for Torbay’s rural
settlements. Such a process can lead to greater community involvement
in planning issues and help instigate more appropriate forms
of development. Each Village Design Statement will form Supplementary
Planning Guidance to the Local Plan.
14.31 It is essential that good design is incorporated
into development that affects Conservation Areas, the settings
of listed buildings and other protected sites. Development in
Conservation Areas requires skilful appraisal of the existing
character of the area and sensitivity to matters such as scale,
form massing and detail. While context is clearly important,
this does not mean that modern developments within Conservation
Areas must necessarily be made to look old, for this approach
can devalue genuinely old and interesting buildings.
14.32 Applicants should have regard to the advice set
out in PPG1 ‘General Policy and Principles’ (1997)
(Annex 1) and should consider the additional information relating
to urban design principles such as designing out crime, which
are set out in the Environmental Guide (Section 6) and Policy
CF2 Crime prevention, when proposing new development.
14.33 Adequate drawings must always be submitted at a
sufficient scale and in sufficient detail to enable proposals
to be clearly understood. Drawings will usually need to show
a proposal in its context and this should include the position
of existing buildings and watercourses, boundary walls and fences,
gates and access routes, both within the site and in the near
vicinity. In particular, all significant trees, shrubs and hedgerows
and other natural features should be accurately plotted as well
as their spread. Where appropriate, perspective views or models
may be required but in most cases, details of levels, cross sections
and elevations showing the street scene will be sufficient. In
appropriate cases the Council will issue design briefs which
will set out important guidelines and criteria for the design
process.
14.34 Failure to supply adequate drawings may result in
applications being returned to the agent. Architectural details
are important and should be shown, as well as apparently minor
elements such as rain water pipes, flue terminals and burglar
alarms, each of which can have a considerable impact on the appearance
of a building. These details should be considered from the outset,
and not as an afterthought. Early consultation with the Development
and Conservation Services Division is encouraged so that the
implications of development can be fully considered, especially
on difficult or controversial sites.
BE2 Landscaping and design
Proposals for new buildings should incorporate
landscaping of the site, at an appropriate scale, as an integral
part of the design. Landscaping should relate to the character
of the surrounding area and make the best use of the existing
site features.
Explanation:
14.35 Good quality landscape design should incorporate ‘soft
landscaping’ using trees, plants and other natural features
and ‘hard landscaping’ by providing paved areas,
screening and enclosing elements such as walls and railings.
It is more than just a device to screen otherwise inappropriate
development. Good landscaping can provide enclosure or define
spaces, create shelter, act as a focal point, give seasonal colour
or variation and attract wildlife by creating new wildlife habitats.
Landscape design therefore needs to be considered from the outset.
14.36 Where possible existing trees, hedges or other existing
natural features should be retained and incorporated into new
development, to provide immediate screening and to ensure that
new development respects existing landscape features.
14.37 Landscaping should be designed so that it is appropriate
for the proposed development and is in context with its surroundings
(see also Policies NCS Nature conservation strategy and L10
Major development and landscaping).
14.38 Maintenance of both hard and soft landscaping should
be a fundamental design consideration, as continuing upkeep can
be expensive and failure to maintain them can be harmful to amenity.
In suitable cases, the Council may agree to take responsibility
for the maintenance of public areas, for example in housing development
and will normally require a commuted payment in consideration
of this. Where appropriate, landscaping schemes should use plant
material which is indigenous to the Torbay area.
BE3 Shopfront design
New shopfronts will be permitted if they
are designed for their context having regard to the following:-
(1) the character of the surrounding area;
(2) the proportions, scale and architectural
design of the buildings of which they form part;
(3) the need for retention of well designed
or historically significant existing shopfronts and associated
architectural detail;
(4) proper provision being made for the incorporation
of any relevant and reasonable advertisements;
(5) shop blinds being of an appropriate type
and not obscuring the fascia or other important architectural
features;
(6) allowance being made for the installation
of unobtrusive shutters where those are necessary;
(7) appropriate lighting; and
(8) enhancement of the environment where possible.
Explanation:
14.39 Shopfronts are quite literally the public face of
commercial activity. As such, they are an important expression
of the personality of a business. They are also a very significant
component of the street scene. Properly designed, they can contribute
positively to the character and vitality of a shopping street.
Conversely, poor designs can clash with the character of their
surroundings.
14.40 Shopping streets are many and varied. In some cases,
parades of shops are designed as a unified concept. Others have
a more varied character as a result of piecemeal development.
The way in which shopfronts are designed will need to be responsive
to this. Particular care may be needed in the design of individual
shops in residential areas. Many modern shopfronts have been
designed without any reference to the building of which they
form a part. The desire for maximum window area and the biggest
possible area for advertising can result in a complete clash
of style and a building with no visible means of support. Traditional
examples, on the other hand, usually have an architectural framework
which both acts as a ‘picture frame’ for the window
display and provides visual support for the building above. Good
examples of traditional shopfronts should always be retained
where possible and opportunities should be taken to restore missing
or damaged architectural detail. For example, supplementary planning
guidance ‘Shop Front Design Guidance’ (April 2000)
is available from the Council’s Development and Conservation
Services Division for the area covered by the Winner Street Heritage
Economic Regeneration Scheme (HERS).
14.41 There should always be adequate provision for advertising
so that relevant material can be satisfactorily incorporated
into the overall design of the shopfront. Shop blinds can have
a considerable impact on the building and the street scene and
in most cases they require planning consent. Permission will
not generally be given for blinds which obscure architectural
detail or cover up fascias. Traditional roller blinds will always
be preferred to fan or Dutch blinds and glossy plastic material
should be avoided.
14.42 The Council recognises the need to incorporate security
measures in vulnerable shopfronts. These should, however, be
as unobtrusive as possible. Plate glass and internal grilles
which do not require planning consent should be considered. Roller
shutters are unsightly, attract graffiti and create a dead frontage
at night-time, which can contribute to the creation of an atmosphere
of fear in an area. Therefore they will only be accepted as a
last resort or on open shopfronts where no alternative solution
is possible.
14.43 Where lighting is required to illuminate signs or
goods on display, the type of fitting and level of illumination
should be in harmony with the location of the shop, the design
of the shop front and the building in which it is set. The intensity
of illumination must not be at a level which is a hazard to public
safety. Further references to advertisements and shopfronts can
be found in the Environmental Guide (Section 11) and supplementary
planning guidance set out in the Council’s leaflet entitled ‘Advertisements
and Shopfronts’.
BE4 Advertisements
Advertisements will not be permitted where:-
(1) they would be out of scale and character
with the surrounding area;
(2) they would harm visual amenity; and
(3) they would undermine highway safety.
Explanation:
14.44 Properly managed and well-designed advertising can
add enormously to the colour and vitality of commercial areas,
but in the wrong place it can appear out of place and distasteful
or even offensive. The land use and visual character of an area
are crucial in determining what is the appropriate level of advertising.
14.45 Most advertisements appear in the context of buildings
and it is important that they fit in with the character of any
buildings to which they relate.
14.46 Large advertisement hoardings can have a powerful
impact on the street scene. The Council is concerned to control
them carefully to ensure their effect is minimal and not detrimental
to the surrounding area. In sensitive situations, hoardings
may need to incorporate other design features to soften their
impact. Smaller advertisement signs, such as the 12 sheet size,
may be acceptable in appropriate situations subject to the criteria
set out in this policy.
14.47 Proposals for hoardings which contribute to the
environmental improvement of unsightly sites will be supported
in principle on a temporary basis, subject to the criteria set
out above and to their removal when the site has been developed.
14.48 In recent years, major companies have adopted a
corporate house style for all their business premises. It may
not always be appropriate for standard corporate identity signs
to be applied to existing buildings, particularly in areas of
high environmental quality such as Conservation Areas.
14.49 In addition to Conservation Areas, there are Areas
of Special Control of Advertisements in Torbay. These have been
reviewed and updated by the Development and Conservation Services
Division. They are likely to include Areas of Outstanding Natural
Beauty, Areas of Great Landscape Value or Conservation Areas
which require special protection due to amenity reasons. Additional
information which illustrates further issues such as lighting
is detailed in the Environmental Guide (Section 11) and
the planning guidance leaflet ‘Advertisements and Shopfronts’,
available from the Development and Conservation Services Division.
14.50 Advertisements can constitute a traffic hazard.
PPG19 ‘Outdoor Advertisement Control’ (1992) (paragraph
15) indicates that signs should not be approved where they are
likely to be so distracting or confusing that they would create
a hazard or endanger people in the vicinity who are taking reasonable
care of their own or other safety. Such signs will not be given
Advertisement Consent.
BE5 Policy in Conservation Areas
Development within or affecting a Conservation
Area will only be permitted where it will preserve or enhance
the character or appearance of that area.
Explanation:
14.51 There are twenty four Conservation Areas in Torbay;
the first (Churston) was designated in 1970 and the latest (Polsham
Park) in 2001. These are listed in paragraph 14.7 of the Introductory
text to this chapter. Clearly there is a finite number of Areas
which can justifiably be designated but criteria do change as
do threats to environmental quality. The Planning (Listed Buildings
and Conservation Areas) Act 1990 requires local planning authorities
to determine which parts of their areas should be designated
as Conservation Areas and to review their boundaries “from
time to time”. The Council intends to honour this requirement
and keep the area under review for potential new and expanded
Conservation Areas. Character statements for each of these areas
have been prepared and can be found in the Environmental
Guide (Section 13).
Demolition within Conservation Areas
14.52 Conservation Areas (and listed buildings) are protected
by the Planning (Listed Buildings and Conservation Areas) Act
1990. This requires consent to be obtained for the demolition
of buildings in Conservation Areas, in addition to planning permission
for development. The demolition of buildings or boundary features
within Conservation Areas can seriously harm the character and
appearance of areas. Many buildings of quite modest or even negligible
architectural merit can still be of importance in Conservation
Areas where they form part of a street façade or maintain
a pattern of building and open space. In addition many older
buildings and features contribute to the character and appearance
of Conservation Areas because of their age and historic associations.
14.53 If key buildings are demolished, the result can
be an unsightly gap which may remain undeveloped for years; thus
where demolition is granted it will be subject to an appropriate
condition ensuring that demolition only takes place in conjunction
with the redevelopment. To ensure that subsequent development
is appropriate in its context, the Council will use its development
control powers. Only in instances where the existing building
is structurally or financially impractical to retain, has no
architectural, historic or townscape merit, where archaeological
investigation of the site is required, or where redevelopment
of the site is of over-riding benefit to the area, will the Council
consider an earlier demolition.
14.54 Many Conservation Areas owe their character to a
significant extent to the presence of boundary walls of local
stone. In hilly areas, these can act as retaining walls and in
parts of the Warberries and Lincombes in Torquay, for example,
they form the dominant image of the area. Some are actually listed
in their own right but others are protected by the fact that
they form part of the curtilage of a listed building or because
they are in Conservation Areas. The Council aims to ensure that
these walls are retained and that, where repair or reconstruction
are required, this is carried out sympathetically.
14.55 Not all boundary walls make a positive contribution
to the character of Conservation Areas and in such cases the
Council will consent to their replacement or demolition if appropriate.
Alterations in Conservation Areas
14.56 Roof materials, chimneys, cornices and mouldings,
original windows and shopfronts, railings and boundary walls
can all make an important contribution to the character of a
Conservation Area. The Council will introduce Article 4(2) Directions
to bring such items under normal development control.
14.57 Alterations and extensions of buildings in Conservation
Areas can easily lead to their visual character being completely
spoiled by alterations or extensions which on houses (but not
flats or commercial properties) can often be carried out as permitted
development. Examples are porches, stone cladding, PVCu windows,
dormer windows and satellite dish aerials. The Council’s
officers will advise applicants and, where appropriate, discourage
such alterations from being undertaken. In suitable areas, Article
4(2) Directions will be considered as a means of preventing unsympathetic
change by withdrawing permitted development rights for a prescribed
range of development affecting the external appearance of dwelling
houses. Such Directions will be subject to public consultation
before they can be implemented.
14.58 It is recommended that when submitting outline planning
applications for development within Conservation Areas, details
relating to elevations, height, massing and scale are considered.
At the very least, a feasibility study should be completed. For
sensitive sites, this alone will not be sufficient and it may
be necessary to submit proposals in considerable detail.
14.59 Inappropriate development just outside the boundary
can be as damaging to the character of the area as if it were
sited within the Conservation Area. Therefore, development on
the fringes of Conservation Areas must be considered as carefully
as that within the boundary.
Preserving and enhancing Conservation Areas
14.60 A commitment to preserving and enhancing Conservation
Areas covers a whole range of considerations from land use and
traffic management, to detail such as window proportions and
street furniture. Over and above development control measures,
the most effective contribution which the Council can make is
through the promotion of enhancement schemes. Subject to resource
implications, the Council aims to undertake a co-ordinated programme
of enhancement in Conservation Areas and to review it from year
to year. Where required, advisory colour schemes and refurbishment
suggestions for suitable groups of buildings will be prepared
and where possible the Council will seek commercial sponsorship
or offer grant aid for such schemes. The ‘Winner Street
and Church Street Heritage Economic Regeneration Scheme’ (HERS)
is an example of Conservation Area enhancement.
14.61 The aim will be to ensure that changes are sympathetic
and features that make a positive contribution to the character
of the Conservation Area are not lost. The Council will seek
to ensure that paving, landscaping, road design and street furniture
are appropriate and well designed. Where appropriate, considerations
of amenity will take priority over those of traffic engineering,
so long as safety is not compromised (see Policy T26
Access from development on to the highway).
BE6 Development affecting listed buildings
Development proposals should have special
regard to the desirability of preserving any listed building
and its setting, or any features of special architectural or
historic interest which it possesses.
Planning proposals for the alteration
or extension of any listed building will not be permitted if
the character of the building would be adversely affected by
the change.
Explanation:
14.62 Section 54A of the Town and Country Planning Act
does not apply to decisions on applications for Listed Building
Consent. In these cases there is therefore no statutory duty
to have regard to the provisions of the development plan (PPG15 ‘Planning
and the Historic Environment’ (1994), paragraph 2.4). However,
PPG15 indicates that development plans should address works to
listed buildings that also constitute development. In exercising
their development control function, Local Authorities should
have special regard to the desirability of preserving any listed
building, its setting and features of special architectural or
historic interest which it possesses. Some works to listed buildings,
such as internal alterations, may not require planning permission.
However, any such works would require Listed Building Consent
from the Council, as would proposals for demolition or partial
demolition of any listed building. There is a strong presumption
in the relevant legislation in favour of retaining such buildings
unless there is an overriding reason for their demolition.
14.63 There is a commonly held belief that only parts
of a building may be listed or that the interior of a Grade II
building is not covered by the listing. This is quite incorrect;
the only criterion for determining if work requires listed building
consent is whether the work affects the building’s character
as a listed building. This means that any work to a listed building,
including work on hidden features, could require consent. More
detailed guidance on considerations that apply to applications
for Listed Building Consent are found in Section 14 of the Environmental
Guide. This also contains advice on the repair and maintenance
and provision for the spot listing of historic buildings.
14.64 Where appropriate, the Council will impose conditions
requiring archaeological recording to ensure that the historic
interest of buildings is preserved by record. More details of
this are given in Policy BE10 Recording of archaeological
remains.
BE7 New uses for historic buildings
Suitable uses for historic buildings will be
permitted, where this would help to preserve their historic fabric
and character. In appropriate cases, planning policies may be
applied in a flexible manner to accommodate such uses, but changes
of use which damage the fabric or character of an historic building
will not be permitted.
Explanation:
14.65 An empty building is a wasted resource and a building
without a use can seldom be preserved indefinitely. The key to
successful conservation lies in keeping buildings in appropriate
economic use, and many imaginative uses can be found for buildings
whose original purpose may no longer be feasible. In such cases,
car parking standards, privacy or open space standards to the
requirements of the Building Regulations may be difficult to
satisfy and flexibility will be allowed where appropriate. Where
permission has been given contrary to normally accepted policy
in order make renovation work possible, the applicant may be
asked to enter into a legal agreement to carry out the necessary
works to preserve the integrity of the building.
14.66 Some changes of use may inevitably lead to damage.
Uses which lead to the subdivision of important internal spaces
or where fire precautions result in the loss of historic features
will not be looked at favourably. Conversion to residential use
of farm buildings is likely to damage severely their agricultural
character (see Policy BE12 Conversion of buildings to
new uses in rural areas). In addition where a building’s
use is integral to its character, changes of use will not be
permitted where these would prevent return to the original use,
where such a return is considered desirable.
BE8 Historic Parks and Gardens
Development which would have an adverse effect
on the character and setting of parks and gardens included in
the National Register of Parks and Gardens of Historic Interest
will not be permitted. The National Register currently includes
the following historic parks and gardens in Torbay:-
(1) Watcombe (Brunel) Park, Torquay
(2) Barton Road Cemetery, Torquay
(3) Castle Tor, Torquay
(4) Princess Gardens and Royal Terrace Gardens,
Torquay
(5) Oldway Mansion, Paignton
(6) Lupton Park, Brixham
Proposals which have a similarly adverse
affect on sites which are proposed for inclusion in the National
Register will also be refused.
Explanation:
14.67 Historic parks and gardens are characterised by
a range of unique features. These can be both built (including
water features) and planted and are also influenced by views
in and out of the areas. They may also contain archaeological
remains. There is a need to protect such sites and their settings
from new development which would destroy or harm the historic
interest.
14.68 In October 1987, under Section 8C of the Historic
Buildings and Ancient Monuments Act 1953, inserted by the National
Heritage Act 1983, English Heritage published the Devon Register
of Parks and Gardens of Historic Interest as part of the National
Register. This included three entries for Torbay; Watcombe (Brunel)
Park (BE8.1), Castle Tor (BE8.3)
and Lupton Park (BE8.6). In addition, Oldway
Mansion (BE8.5) was designated in 1997, Princess
Gardens and Royal Terrace Gardens (BE8.4) in
2001 and Barton Road Cemetery (BE8.2) in 2002.
Each of these sites are of Grade II national importance except
for Lupton Park (BE8.6) which is Grade II*.
This Register ensures that their special historic value is taken
into account when considering development proposals.
14.69 A nation-wide comprehensive review and inventory
of Parks and Gardens of Historic Interest is currently being
completed by the Centre for Conservation of Historic Gardens
at the University of York which will update the Register. One
additional location, at Cockington Court in Torquay, has been
proposed as a candidate Historic Park and Garden. This has yet
to be formally designated by English Heritage. However, planning
applications in or close to the area should have due regard to
the proposed designation.
14.70 When appropriate, applications for development within
historic parks and gardens will need to be preceded by an environmental
impact assessment including a survey of historic interest.
14.71 Good management and appropriate restoration is essential
if the quality of gardens is to be retained for future generations
to enjoy. Advice can be sought from English Heritage (for registered
sites) and the Garden History Society, who are statutory consultees
in relation to sites of Grades I and II.
14.72 Where restoration and management proposals are associated
with development proposals, the Council will require the developer
to enter into a legal agreement or other commitments in order
to secure long-term management objectives.
BE9 Archaeological assessment of development
proposals
Archaeological remains and their settings
should be preserved where the intrinsic and historic importance
of these remains outweighs the need for the proposed development.
There will be a presumption that Scheduled Monuments will be
preserved.
Where development proposals may affect a site
of archaeological potential, the applicant will be required to
commission an archaeological assessment or field evaluation and
submit the results of any assessment or evaluation to the local
planning authority before the application is determined.
Explanation:
14.73 Archaeological remains are the evidence of the past
development of our civilisation. Much of today’s landscape
is heavily influenced by human activity over thousands of years.
14.74 Archaeological remains are very varied, ranging
from prehistoric cave dwellings to shipwrecks, to standing buildings,
to modern military structures. These remains may be unique and
are very vulnerable to damage and destruction. Archaeological
sites contain irreplaceable information about our past.
14.75 Special protection for a small number of nationally
important sites is given by their inclusion on a List of Scheduled
Monuments which provides legal protection for them. Proposals
affecting Scheduled Monuments may require an Environmental Impact
Assessment to be carried out. These and other recorded archaeological
sites are included on the Historic Environment Record held by
the Council. These are described in Section 15 of
the Environmental Guide. However, it should
be recognised that the Record only includes known sites and that
new archaeological sites are being found all the time.
14.76 The Council will encourage and, where practicable,
assist owners of important sites in adopting sympathetic management
regimes.
14.77 Government advice is clear that there will be a
presumption in favour of preserving important archaeological
remains and their settings. However, not all remains are of equal
importance and in assessing proposals affecting archaeological
remains, the case for preserving them must be assessed on the
individual merits of each case (PPG16 ‘Archaeology and
Planning’ (1990), paragraph 27). It is suggested that developers
should contact the Council’s Archaeologist before submitting
a planning application in order to find out at an early stage
whether there are likely to be archaeological constraints. Archaeological
appraisals (desk-top studies) and field evaluations may be required
for applications where archaeological remains are thought to
be present. PPG16 explains the investigative process that should
be followed in such cases. Submission of the results to the Council
will be required before a decision can be reached as to whether
an application should be approved or refused.
14.78 The Council will encourage developers to design
building and landscape proposals that will minimise the disturbance
of archaeological remains. It will also encourage the sympathetic
management of sites by planning conditions and legal agreements
where appropriate.
BE10 Recording of archaeological remains
Where an important archaeological site will
be materially damaged as a result of development following the
granting of planning permission, the developer will be required
to make provision for its archaeological recording, preservation,
storage and publication as a condition of the permission.
Explanation:
14.79 In some cases the archaeological remains on a site
may not be of sufficient importance to justify the withholding
of planning consent. In such a situation the Council will impose
planning conditions to ensure that the archaeological remains
will be adequately recorded. This will include analysis, interpretation,
preservation and curation of the findings and the presentation
of results to the public.
BE11 Edginswell hamlet envelope
Within the boundary of the hamlet envelope
identified on the Proposals Map, the following proposals will
be permitted:-
(1) the development of the northern part of
the envelope for high quality business use in a landscaped
setting (see Policy E1.2(B) Riviera Way South, Torquay);
(2) the enhancement of the physical and social
fabric of the core area of Edginswell hamlet, within which
the following forms of development may be acceptable:-
(a) refurbishment and re-use of redundant
buildings for activities appropriate to the character and
setting of the hamlet including residential and small-scale
business use;
(b) environmental improvement schemes, including
landscaping, traffic management and provision of public open
space; and
(c) limited residential infill development
which is properly related to the hamlet’s surroundings.
Explanation:
14.80 The old hamlet settlement of Edginswell presents
opportunities for both infill residential development and refurbishment
of those buildings (some of which are listed) which are currently
in a state of disrepair. The control of such development and
the overall enhancement of the area in physical and community
terms should be managed in the context of the hamlet development
policy.
14.81 In view of the visual sensitivity of the proposed
business use site (Policy E1.2(B)) and its proximity
to the edge of the settlement, any development taking place on
this site should also be controlled within the overall framework
of this policy.
14.82 In the context of the policy framework established
by BE11, a Planning Brief will be prepared for
employment site E1.2(B). This will consider
issues relating to landscaping, transportation, nature conservation
and flood alleviation measures (see Policy EP11 Flood
control) prior to the commencement of any development
(see paragraph 4.70).
BE12 Conversion of buildings to new uses
in rural areas
The change of use or conversion of buildings
in the countryside which are important either visually or historically
to its character will be permitted providing that the following
criteria are met:-
(1) the building is capable of conversion
without the need for major extension, alteration or rebuilding;
(2) where the building is of traditional construction,
the scale, design and use of materials retain its existing
character;
(3) the use is sympathetic to the character
of the building and the surrounding countryside;
(4) the conversion will not involve the loss
of nesting or roosting sites used by protected species; and
(5) preference will be given to proposals
for commercial, industrial, tourism and recreation uses which
will provide opportunities for employment and rural diversification.
Explanation:
14.83 Some existing vacant rural buildings make a contribution
to the character of their settings. The Council wishes to encourage
the retention and re-use of these buildings, provided this is
achieved without causing damage to their character. The 2001
revision to PPG7 sets out guidance for farm diversification projects.
It states that these should be consistent with the scale of their
rural location. The reuse of existing buildings is usually preferable
to new buildings.
14.84 An often popular alternative use for these buildings
is residential conversions. However, they can prove to be highly
unsatisfactory. They tend to:-
a) destroy much original fabric by making new openings and
by replacing or removing structural elements such as timber
frames and even by demolishing and rebuilding whole stretches
of wall;
b) disrupt walls and roofs with new doors and windows and
break up rooflines with dormers and chimney stacks;
c) block interior spaces with inserted floors and partition
walls and remove original fittings; and
d) create an enclosed plot cluttered with amenities such
as garages, fuel tanks and hedges, that disrupt the agricultural
setting and the integrity of any farmstead group; archaeological
deposits may be destroyed by new foundations, drains or even
swimming pools.
14.85 Other uses that can be more sympathetic to the character,
setting and integrity or rural buildings will therefore be supported.
Continuing agricultural uses may still be possible and small
scale commercial, industrial uses and tourism facilities should
be considered in the search for rural diversification and the
retention of rural job opportunities. However, meeting halls,
offices, restaurants and workshops may also offer potential for
sympathetic re-use.
14.86 Policies H12 and H13 respectively
set out further considerations for applications for new agricultural
dwellings in the countryside and the introduction of residential
caravans in such areas.
|
