Replacement Calderdale UDP : Adopted 25 August 2006 (as amended August 2009)

Replacement Calderdale UDP : Adopted 25 August 2006

• Foreword
• 1 Introduction
• 2 Calderdale in Context
• Strategic and Core Part One Policies
• 3 Guiding Principles and Key Themes
• 4 Employment, The Economy, Tourism and Regeneration
• 5 Housing
• 6 Retailing and Town Centres
• 7 Open Space, Sport and Recreation Facilities
• 8 The Built and Historic Environment
  • The Contribution of Design to the Quality of the Built Environment
  • Piecemeal Development
  • General Design Criteria
  • Privacy, Daylighting and Amenity Space in New Development
  • Landscaping of New Development
  • Safety and Security Considerations within New Developments
  • Design and Layout of Highways and Accesses in New Development
  • Provision of Safe Pedestrian Environments in New Development
  • CCTV and Area Lighting Schemes
  • Access and the Provision of Public Conveniences and Baby Changing Facilities in New Development
  • Art in Public Places
  • Telecommunications Development
  • Advertisements
  • The Historic Built Environment
    • Listed Buildings
    • Conservation Areas
    • Historic Parks and Gardens
    • Locally Designated Historic Parks and Gardens
    • Areas and Sites of Archaeological Interest
• 9 Transport
• 10 Infrastructure, Education and Community Facilities
• 11 Natural Environment and the Countryside
• 12 Environmental Protection
• 13 Minerals
• 14 Waste Management
• 15 Monitoring and Review of the Plan
• Annex A Privacy, Daylighting and Amenity Space
• Annex B Trees On or Adjacent to Development Sites
• Appendix 1 National Planning Policy
• Appendix 2 National Minerals Policy
• Appendix 3 Supporting Published Documents
• Appendix 4 Glossary of Terms
• Appendix 5 Acronyms and Abbreviations
• Appendix 6 Policy Topic Index
• Appendix 7 Policy Number Comparison
• Appendix 8 Supplementary Maps

The Historic Built Environment

8.48 Calderdale has a unique architectural heritage of high quality. To further the sustainability objectives of the UDP, the Council will seek to protect and enhance the rich variety of architectural and historic features of the District for the benefit of future generations. Alterations to existing buildings and new development should therefore be designed to create a built environment that complements the area's unique identity and contributes to its special character.

8.49 PPG15 ‘Planning and the Historic Environment’ (1994) and Circular 01/2001 provide advice on the identification and protection of historic buildings, Conservation Areas and other elements of the historic environment. In accordance with this advice, this section of the UDP aims to:-

1. continue to protect historic buildings from demolition and neglect and ensure their repair and restoration;
2. prevent development that would have an unacceptable effect on historic buildings, Conservation Areas and their settings;
3. protect existing Conservation Areas and review their boundaries, designate further Conservation Areas and encourage the enhancement of existing and future Conservation Areas;
4. encourage suitable new uses for those historic buildings which can no longer continue in their original use; and
5. increase public awareness of the importance of historic buildings and Conservation Areas and encourage good conservation practice.

Listed Buildings

8.50 There are over 4,000 buildings of special architectural or historic interest in Calderdale, which have been listed by the relevant Secretaries of State, which at present is the Secretary of State for Culture, Media and Sport. This figure is likely to rise during the life of the plan as further buildings worthy of protection are added to the list. Property owners, together with the Council, have an important part to play in looking after them, securing their future and ensuring that inappropriate development does not take place that might harm the character or appearance of the structures themselves and their settings. Undoubtedly, the best use for an historic building is its original use, but this may not be possible or appropriate in some circumstances. PPG15 lays down the principal considerations for applications involving the use, repair, alteration or demolition of listed buildings.

8.51 Where a building is ‘listed’, this usually includes all fixtures and fittings and structures within its curtilage, along with boundary walls. The listing of buildings of historic or architectural interest does not mean that the building will have to be kept in a completely unaltered condition. Sympathetic alterations may be acceptable to enable adaptation to modern requirements or appropriate restoration of original features to take place. In these instances, care is required to avoid damage, to ensure the retention of specific features of importance and to make the correct use of materials and traditional methods of construction. If the original plan form is intact, then it should be preserved where it contributes to the special character and appearance of the building. Similarly, internal features, which contribute to the character of the building, should be preserved, repaired or if missing, replaced. Accordingly:-

8.52 The setting of a Listed Building can be an essential part of its character and appearance and will be protected where development is likely to have an adverse effect. Whilst development may be some distance away from the Listed Building itself, it could affect views that form an intrinsic part of its appearance and character and impact on the surroundings that contribute to its interest. In appropriate circumstances, where a proposal is likely to affect the setting of a Listed Building, applicants will be required to provide a full assessment of the impact of their proposals upon the Listed Building. Therefore:-

8.53 The conservation of buildings of historic or architectural interest can generally be brought about by the co-operation of owners, developers and the local authority. It is a criminal offence to carry out works to a Listed Building without the necessary consent and the Council has powers to initiate legal action to ensure that Listed Buildings are not demolished or altered without that consent, or if necessary, are reinstated if unauthorised works are carried out. These may be used against those who undertake works affecting a Listed Building without consent or fail to comply with conditions attached to an approval for works to a Listed Building.

8.54 Where it is accepted that the continuation of the original use of a Listed Building is not practical or viable, it may be possible to find an alternative use to secure the future of the building and assist in the regeneration of the area. Many buildings are capable of a new use, and when considering whether it is appropriate, particular attention will be paid as to whether the new use would preserve the architectural or historic features of the building. For instance, the upper floors of buildings, particularly in town centres, can provide an important source of additional housing supply. It will also be expected that changes to alternative uses should keep internal and external alterations to a minimum.

8.55 The full implications of an application for alteration, extension or change of use of a Listed Building can only be assessed with full details. Applications for works to a Listed Building must be accompanied by fully detailed drawings of the existing buildings and all proposed alterations. Developers are encouraged to enter into early negotiations with the Council to ensure that any development proposal is in keeping with the Listed Building and its setting. Where necessary, applicants may be required, by planning condition or obligation, to prepare and submit an appropriate record of the building prior to development. This will be placed on public deposit with the West Yorkshire Archaeology Advisory Service. As a result, the following Policy will apply:-

8.56 Preservation of Calderdale’s historic fabric is the primary aim of the Council’s Listed Building controls. Demolition of a Listed Building is therefore considered to be a measure of last resort. Where applications for consent to demolish a Listed Building are being considered, the Council will require a very strong case to be made by the applicant that every possible effort has been made to retain the present use or find a suitable alternative use without the need for demolition. Consent for demolition should not be given simply because redevelopment is  economically more attractive to the developer. In accordance with PPG15, paragraph 3.19, if demolition of a Listed Building is considered to be the only option the owner will have to prove:-

1. that the building is beyond repair and maintenance when weighed against the value of the building’s importance and continued use;
2. that efforts to secure an alternative use have failed. This should include offering the unrestricted freehold on the market at a reasonable price; and
3. that redevelopment would result in a substantial community benefit which outweighs the loss of the building.

8.57 Where the demolition of a Listed Building is permitted, conditions or legal requirements may be imposed, requiring the recording of the building and details of the construction of a replacement building. To make sure that sites do not remain undeveloped for long periods of time, conditions may also be imposed on planning permissions to ensure that redevelopment occurs within specified time limits. This may require that demolition does not take place until the applicant has entered into a contract with a demolition company with which they have no legal interest, for the carrying out of work and the planning permission for these works has been granted. Therefore:-

8.58 It is important that all buildings of architectural or historic interest are protected from the effects of neglect as well as demolition. Modest expenditure on repairs and maintenance can prevent much more extensive repairs at a later date, which may damage the character or appearance of the building and/or result in the loss of the building. However, if its owners neglect a building, the Council will consider using its powers to take the necessary action to secure its repair. The Council will also endeavour to maintain a Register of Listed Buildings at Risk.

Conservation Areas

8.59 While individual historic buildings contribute to the character of many settlements in Calderdale, lesser buildings and structures, open spaces, trees and landscape can all combine to give an area special character. Designation of Conservation Areas by the Council is an important means of retaining and enhancing the character of areas of special architectural or historical interest. Conservation Areas are defined in the Planning (Listed Building and Conservation Areas) Act (1990) as, “areas of special architectural or historic interest, the character or appearance of which it is desirable to preserve or enhance”. Conservation Area status is valuable in that it allows the Council to apply stricter control over design and siting of new buildings and small scale changes and additions. Additionally, it gives control over demolition of structures and the cutting down or lopping of trees.

8.60 The Council has designated 19 Conservation Areas throughout the District where priority will be given to preservation or enhancement. These are listed below and are shown on the Proposals Map.

Table 8.1 Conservation Areas within Calderdale

Akroydon, Halifax Copley, Halifax Elland Halifax Town Centre Hebden Bridge Heptonstall Huddersfield Road East, Halifax Luddenden Lumbutts and Mankinholes Mill Bank and Cottonstones Mytholmroyd People's Park, Halifax Ripponden, Savile Park, Halifax Skircoat Green, Halifax Sowerby Bridge Stainland Todmorden Warley

8.61 The Council will investigate the designation of new Conservation Areas and review the performance of existing areas. An appraisal statement will be produced when investigating or reviewing an area, setting out the criteria used to determine its special character. The criteria will follow the guidance set out in Conservation Area Appraisals (1997) produced by English Heritage. Public consultation will be undertaken when assessing such areas.

8.62 Development proposals must be assessed as to how they preserve or enhance the character or appearance of a Conservation Area. Development proposals outside a Conservation Area can also affect its setting and impact substantially on its character or appearance and will therefore, need to be considered carefully. Any new development should respect the scale, layout and materials of the existing architecture as well as open spaces, trees and views which can be as important as the buildings themselves. It is important that buildings of character and quality, in their own right or which are of townscape value, are retained in Conservation Areas. The alteration, extension or change of use of Listed Buildings is covered in Policy BE 14 ‘Alteration and Extension of Listed Buildings’, Policy BE 15 ‘Setting of a Listed Building’ and Policy BE 16 ‘Change of Use of a Listed Building’. Alteration or change of use of unlisted buildings can also assist in securing the future of buildings and revitalise a Conservation Area.

8.63 The character of a Conservation Area is not determined solely by buildings. For instance, boundary walls, paving materials and street furniture can all contribute to the preservation or enhancement of its character or appearance, as can advertisements. In all cases, natural materials and the use of traditional construction techniques will be preferred. Where traditional materials exist, these should be retained and reused. When they do not exist, opportunity should be taken to introduce them when roads and footpaths are resurfaced and new boundary walls are constructed. Detailed control over these aspects is dealt with in Policy BE 3 ‘Landscaping’, Policy BE 12 ‘Advertisements’ and Policy NE 23 ‘Protection of Stone Walls’.

8.64 Trees can also make an important contribution to the character of Conservation Areas and are protected from removal or surgery by existing legislation. The Council will normally resist proposals for the removal or inappropriate cutting back of trees of amenity value and has given further recognition of their importance by making areas or individual specimens the subject of Tree Preservation Orders. Such orders will be extended to other trees where it is considered necessary.

8.65 Open spaces add considerably to the character or appearance of an area and it is therefore important to protect these wherever possible and appropriate, in accordance with Policy OS 1 ‘Protected Open Spaces’. In addition any proposal relating to open space within a Conservation Area will be considered against the criteria set out in the Policy below:-

8.66 To ensure that development proposals are in keeping with the character of a Conservation Area, all planning applications that affect the character and/or appearance of a building or space in a Conservation Area must be for full planning permission. In considering applications within Conservation Areas, the Council will have regard to the advice contained in PPG15.

8.67 Developers are encouraged to enter into early negotiations with the Council to ensure that any development proposals within or which would affect the setting of a Conservation Area are acceptable. Detailed matters may be controlled through conditions attached to planning permissions.

8.68 Demolition of a building in a Conservation Area will only be allowed in exceptional circumstances. Advice on the demolition of Listed Buildings is covered in paragraphs 8.56 and 8.57 and Policy BE 17 ‘Demolition of a Listed Building’ applies. In considering applications for unlisted buildings, applicants will be asked to provide an assessment of the contribution the existing building makes to the character and appearance of the area, the condition of the building and whether viable alternative uses can be found. Buildings should be retained where they make a positive contribution to the area. There may be circumstances where the removal or replacement of a building would enhance the appearance or character of a Conservation Area and bring about substantial community benefits. All proposals for demolition and redevelopment will need to include full and detailed plans outlining what is proposed for the site after demolition.

8.69 The Council may seek the withdrawal of permitted development rights for certain forms of development in Conservation Areas or parts of Conservation Areas where these would detract from the character of an area or where it would assist a positive policy for preserving or enhancing the character or appearance of a Conservation Area. Permitted Development rights will also be removed to protect investment made in Conservation Areas using public funds. This will be carried out through the use of Article 4 Directions of the Town and Country Planning (General Permitted Development) Order (1995) (as amended) where specific permitted developments are likely to threaten the Conservation Area’s character or appearance.

8.70 Government advice indicates that, "local authorities should adopt a positive scheme for each area at an early stage". Therefore, the Council will, as resources permit, carry out schemes of enhancement in Conservation Areas both in its own right and in partnership with appropriate conservation and funding agencies.

Historic Parks and Gardens

8.71 Registered Historic Parks and Gardens are of national importance. English Heritage is responsible for compiling a Register of Parks and Gardens of Special Historic Interest in England and classifying them according to the degree of importance of their historic interest. It includes parks, cemeteries, the grounds of large houses and other formal open spaces. At present, there are six registered gardens in Calderdale. These are listed in Table 8.2 below and are shown on the Proposals Map:-

Table 8.2 Registered Parks and Gardens of Special Historic Interest in Calderdale

Shibden Hall, Halifax Shroggs Park, Halifax The People’s Park, Halifax West View Park, Halifax Lister Lane Cemetery, Halifax Stoney Royd Cemetery, Halifax

English Heritage is currently reviewing the register and the number of protected sites in Calderdale may increase.

8.72 Registered historic parks and gardens do not have the same statutory protection as Listed Buildings, but are nevertheless of much historic interest and amenity value and are worthy of preservation. The setting of such sites is also often an essential part of their character and appearance and will be protected where development is likely to have an adverse impact. The following Policy is applicable to development proposals that would have an impact upon Registered Historic Parks and Gardens. Proposals will also need to comply with other UDP policies including the provisions of Policy OS 1 ‘Protected Open Spaces’ where appropriate.

Locally Designated Historic Parks and Gardens

8.73 Registered Historic Parks and Gardens are of national importance, but the District also has a number of other unregistered gardens, parks, cemeteries and other local spaces that contribute to the regional or local environment and heritage. These have been collectively referred to as ‘Locally Designated Historic Parks and Gardens’. The following parks and gardens are considered worthy of protection and are defined on the Proposals Map:-

Table 8.3 Locally Designated Historic Parks and Gardens

Abbott's Ladies Homes, Halifax Akroyd Park, Boothtown Albert Promenade/Woodhouse Scar Halifax Allan Park, Sowerby Bridge All Souls Burial Ground, Akroydon Bailiff Bridge Memorial Park, Bailiff Bridge Bellevue and Sir Frances Crossley Almshouses, Halifax Brighouse Cemetery Calder Holmes Park, Hebden Bridge Castle Carr, above Hebden Bridge Centre Vale Park, Todmorden Clayhouse Park, Greetland Clifton War Memorial, Brighouse Crow Wood Park, Sowerby Bridge Dobroyd Castle, Todmorden Elland Cemetery Erringden Grange Model Farm Field House, Sowerby Heath Villas, Halifax Holmes Park, Luddenden Foot Hullen Edge Park, Elland Joseph Crossley Almshouses, Halifax King George V Memorial Park, Lightcliffe Kirklees Hall/Park, Brighouse Luddenden Cemetery Mytholmroyd Memorial Garden Park Wood Crematorium, Elland Rastrick Cemetry Rydings Park, Brighouse Savile Park and Manor Heath, Halifax Shaw Garden, Holywell Green Shaw Park, Holywell Green Shelf Hall Park, Shelf Sowerby Bridge Cemetery Square Park, Akroydon The Stray, Hipperholme Wellholme Park, Brighouse

8.74 The following Policy is applicable to development proposals that would impact upon Locally Designated Historic Parks and Gardens. Where the Council considers that Locally Designated Historic Parks and Gardens should be included on the list of Registered Historic Parks and Gardens it will be particularly vigorous in the protection of them from insensitive development.

8.75 Funding has been secured for the enhancement and restoration completed of People’s Park and Square Park, Akroydon, from sources such as the Heritage Lottery Fund. Further opportunities will also be taken, where possible, to secure funding sources to enable the enhancement of other historic parks and gardens to take place.

Areas and Sites of Archaeological Interest

8.76 There is a long history of human habitation in Calderdale and the remains of human activity, including the remains of past industrial development, in the area have an important contribution to make towards its history. In many cases, these remains are very fragile and vulnerable to damage and destruction. They are not always visible at the surface and may include unlisted standing buildings, but nevertheless represent a finite and non-renewable resource that requires protection and recording. Government advice in PPG16 ‘Archaeology and Planning’ (1990) requires that UDPs should include policies for the preservation, recording and enhancement of sites of archaeological interest and their settings.

8.77 The West Yorkshire Archaeology Advisory Service (WYAAS) maintains a register of sites and areas of archaeological significance throughout West Yorkshire. This is called the Historic Environment Record (HER) and is the only up-to-date record of sites and areas. These sites are subject to continuous review and updating. Information presented in the plan therefore represents not only a snapshot in time but is also likely to omit some important, but as yet unknown, sites. It is therefore vital that WYAAS is consulted in situations where a site may be affected, as it holds full information on sites. Landowners should also consult and liaise with WYAAS for advice on the most suitable and appropriate measures to protect sites within their control. The Royal Commission on the Historical Monuments of England (RCHME) also holds a national database of England's ancient monuments and Listed Buildings. It operates as an index of the more detailed information held at West Yorkshire level on the Historic Environment Record.

8.78 There are three classes of site identified in the HER:-

Class I Scheduled Ancient Monuments

These are of national significance. The sites are protected by statute under the Ancient Monuments and Archaeological Areas Act (1979). Scheduled Monument Consent is required from the Department for Culture, Media and Sport for any works or change of use, including repairs, irrespective of any need for planning permission.

Class II Sites of Special Archaeological Value

These are of regional or potentially national (though unscheduled) significance. Whilst they merit a high degree of protection, the degree of protection will be dependent on their archaeological significance, as defined by WYAAS.

Class III Sites of Archaeological Value

These are potential sites where there is evidence or probable evidence of the existence of archaeological remains of importance, not warranting a Class II designation. Evaluation prior to a planning decision may be required in order to assess the potential impact of the proposed development on the archaeological remains to allow a reasonable and informed planning decision to be made.

8.79 The approximate location of Class I and Class II archaeological sites is shown on the Proposals Map. This is based on the most up-to-date information at the time of publication. Details of all sites, including Class III archaeological sites, are available for inspection at the office of WYAAS.

8.80 Archaeological remains and monuments are irreplaceable and once disturbed, the precise record of the past is lost for all time. The preferred option for important archaeological remains is preservation in situ. However, in the case of less important sites, development may be acceptable subject to appropriate archaeological recording. As a result, the following Policies will apply:-

8.81 Class III sites include urban locations that are subject to considerable development pressure. The prevention of development on these sites might conflict with the revitalisation of such areas and the presumption in favour of developing previously developed land. Therefore, where the benefits of development would outweigh the value of archaeological remains, it is considered unreasonable to require the preservation of these sites. Accordingly:-

8.82 WYAAS should be consulted at an early stage to establish whether archaeological remains are likely to exist on site and the implications for a development proposal. Advice can be given on the best means to preserve and enhance remains that have previously been identified, as well as remains discovered during development. However, the preservation of archaeological sites in-situ will nearly always be preferred to preservation by record.

8.83 Some sites may not be currently regarded as being worthy of protection because there is incomplete or insufficient evidence available or they may be discovered as part of a site development feasibility study. It is necessary to take account of such circumstances. Whatever the degree of archaeological importance a site possesses, it may be necessary to carry out an evaluation as part of a planning application submission. This will enable the Council to make a reasonable and informed decision on a development proposal and attach appropriate planning conditions requiring the recording of the remains and their removal or preservation, where this is justified. Without this, an application is unlikely to be approved. Therefore:-

8.84 The decision as to whether an archaeological evaluation of a site is required, prior to the determination of a planning approval, will be taken on the advice of the District’s archaeological advisors, the WYAAS. The onus will be on the developer to ensure that the required archaeological work is carried out. An appropriate record may vary from nothing more than a series of dated exterior photographs, through to a full drawn and photographic survey, depending on the historical interest of the site. The report will be placed on public deposit with WYAAS. The developer may employ any archaeologists recognised by the Council or WYAAS as being qualified and competent to carry out the necessary archaeological work. Where planning permission is granted, the following Policy will apply:-

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