Chapter 3 - continued

3.10 URBAN CONSERVATION

Brent's Heritage

3.10.1 The Council has as a key aim the need to enhance the architectural heritage of the Borough. Conserving the best of the borough's built environment is of major importance and policies, strategies and work programmes are designed to achieve just this. There is a need to conserve the best of our built heritage against pressure for redevelopment and unsympathetic alteration. This is achieved through considered application of both national and local policies.

3.10.2 The London Borough of Brent forms part of London's suburban fringe and reflects a complex and varied mix of styles linking, and sometimes obliterating, earlier village settlements. The development of the Metropolitan Railway from 1863 encouraged suburban development, (as did the 1924-1925 British Empire Exhibition at Wembley Park). Such was the intensity of inter-war development that, in the 1930s Middlesex was the fastest developing county in the country.

3.10.3 The architectural styles of Brent therefore date from these periods. There is a wide range of architectural styles from the simple to the ornate, from Victorian ltalianate and Gothic Revival to Sub-urban 'Arts & Crafts' and planned "village" settlements. Such a diverse heritage is an essential part of the character of the Borough. Furthermore, street scenes and leafy lanes, with their trees and gardens, have matured in the course of sixty or so years to give a variety of residential environments, some of which are particularly attractive and worthy of preservation.

LISTED BUILDINGS

Statutory Listed Buildings

3.10.4 In accordance with Section 1 of the Planning (Listed Buildings and Conservation Areas) Act 1990, the Secretary of State for Culture, Media and Sport is required to compile lists of buildings of special architectural or historic interest, known as Statutory Lists. Appendix BE4 provides details of buildings in the Borough that are included in the Statutory List. Further appropriate buildings will be recommended to the Secretary of State for Culture, Media and Sport, for inclusion in the Statutory List. Buildings on these lists are classified in Grades to show their nationally assessed importance:-

• GRADE I: These are buildings of exceptional interest: Brent has one such building;
• GRADE II* (six in Brent);
• GRADE II: These are buildings of special interest which are classified.

3.10.5 There is a general legal presumption in favour of the retention of listed buildings. The fact that a building is listed however, does not mean that no changes can be made to its appearance or its physical fabric: but it does mean that proposals for demolition (including alterations involving demolition of a material part) of a listed building, and for changes which affect its character as a building of special architectural or historic interest (and this includes objects or structures fixed to it or buildings in its grounds) must obtain 'listed building consent' from the Local Planning Authority. PPG15 provides advice on the identification and protection of historic buildings and lists the tests that must be passed for loss of a listed buildings to be acceptable. Listed building consent will only be granted in exceptional circumstances, when this meets the specific criteria of paragraphs 3.17-3.19 in PPG15 including: (a) the condition of the building(s), the feasibility of repair and maintenance in relation to its importance and continued use value; (b) the adequacy of efforts made to retain the building in use; and (c) exceptionally, the merits of alternative proposals for the site.

3.10.6 Compared with other London Boroughs, Brent has few notable buildings. The Council is therefore particularly concerned that all those buildings or groups of buildings of architectural or historic interest that are on the Statutory List should be preserved and enhanced.

Locally Listed Buildings

3.10.7 In addition to those buildings found to have exceptional or special architectural or historic interest on a national scale, there are other buildings of particular importance locally but which do not quite meet the listing criteria set down by the Department of Culture, Media and Sport. Such buildings to be held in 'guardianship' by the Council in lieu of changing listing criteria, form the subject of a local list. Buildings on a local list enjoy no statutory protection but the compilation of the list by the Local Planning Authority provides a means whereby attention can be drawn to the particular character or importance of a building in the local streetscene when it is affected by some form of development proposal. The Council first established such a list in December 1975. The Local List is kept under review. A list of the properties currently on the Local List can be found in Appendix BE4 Schedule of Listed Buildings.

3.10.8 Where a locally listed building is within a Conservation Area, policies BE25-27 apply. The Council will wish to give full consideration to the justification for the redevelopment of any building on the local list affected by development proposals. The Council will expect to see clear and convincing evidence that all reasonable efforts have been made to sustain existing uses or find new uses, and these efforts have failed; that preservation in some form of charitable or community ownership is not possible or suitable or that redevelopment would produce substantial benefits for the local community which would decisively outweigh the loss resulting from demolition. The Council would not expect to give consent for redevelopment simply because this is more economically attractive to the developer than repair and re-use or because the developer acquired the building at a price that reflected the potential for redevelopment rather than the condition and constraints of the existing building.

Listed Buildings 'at Risk'

3.10.9 English Heritage maintains a register of statutory listed buildings that are 'at risk' through neglect and decay, or vulnerable to becoming so. Very few buildings were on this register in 1999, but it included the Grade I Old St Andrews Church, which has been vulnerable to vandalism, and the derelict Palace of Arts (which has now been removed from the Listed Building Schedule). Brent is preparing action plans for Listed Buildings at risk. The plan contains site specific proposals for all buildings on the list lacking a beneficial use. Where possible, the Council will endeavour to work with individual owners to restore and rehabilitate Listed Buildings at risk. However, where it is deemed necessary, the Council will not hesitate to invoke its powers under Section 48 and 54 of the 1990 Listed Buildings and Conservation Act to serve 'Urgent Works Notices' and 'Building Repair Notices'.


Conservation Areas

3.10.10 Conservation Areas are "areas of special architectural or historic interest, the character or appearance of which it is desirable to preserve or enhance". The Unitary Development Plan applies national policies and guidance to the specific and particular needs of the Borough. Conservation Areas are identified on the Proposals Map and their addresses are to be found in Appendix BE1. The number and extent of Conservation Areas will be kept under review. More detailed policies are presented as Supplementary Planning Guidance, Conservation Area Design Guides, rather than included in the plan itself.


Conservation Area Strategy and Management

3.10.11 There is no standard specification as to what constitutes a Conservation Area and they will naturally be of many different kinds. The Council has a duty to decide which parts of the Borough should be designated as Conservation Areas and to keep the question of designating further areas under review. Conservation areas have been designated in the past when they were under threat or under local pressure. Therefore, the date of designation is in no way representative of the relative quality of the area.

3.10.12 In 1999/2000 Brent carried out a comprehensive review of its heritage assets. This has enabled a consistent approach whereby the best areas, representative of certain key forms of development (e.g. architect designed garden suburbs), are designated. The review had the aim of ensuring a more consistent basis of designation and that those features and areas that deserved to be conserved had manageable and justifiable controls in place.

3.10.13 There are 22 Conservation Areas in Brent. They range enormously in character, from the stucco Victorian Villas of South Kilburn to the thatched cottages of Buck Lane. The Council's first Conservation Area was designated at Roe Green Village in 1968. The Borough is particularly blessed with attractive and unusual suburban estates, such as Sudbury Court, Mount Stewart and Northwick Circle, built during the expansion of London in the '20s and '30s. From an earlier period, attractive Victorian estates are protected in areas such as Mapesbury and Queens Park.

3.10.14 Designation is just the beginning of the conservation process. Conservation will only have a firm basis where the features that define the character of conservation areas are identified by a survey and analysis of the architecture and history and enhancement opportunities of an area. On this basis character summaries have been published for most conservation areas. These contain a brief historical description of landscape and townscape elements, identification of characteristic, historic and architectural elements worthy of preservation or enhancement, and a brief justification of the boundary locations. These character appraisals are also very important for development control management.

3.10.15 Designation enables the Council to exercise control over the demolition of buildings and the loss of trees. In addition there are other controls set out in the Town and Country Planning General Permitted Development Order restricting 'permitted development' rights (Article 4{1} see Glossary). Following on from the character statements the Council is undertaking a process of conservation area management. This examines how these controls are being, and should be, implemented. Depending on the qualities and merits of each Conservation Area, the safeguards provided by the General Permitted Development Order may not be adequate to retain the character of the area and a degree of 'fine tuning' through an Article 4 Direction (which confers additional powers of control: see Glossary) may be issued where justified. Areas currently covered by directions are shown on Map BE3

3.10.16 The public has a right to expect clear guidance on how planning controls will be exercised in conservation areas, especially when special controls are introduced. Successful conservation depends on a positive approach by the Council and the interest and co-operation of the public. For this reason the Council is committed to the preparation of Conservation Area design guides. These comprise special policies for each Conservation Area, issued as supplementary planning guidance, giving clear guidance on what applications will and will not be approved. They will be the subject of detailed consultation with local residents. Design guides have already been published for 10 conservation areas. Schemes in a Conservation Area cannot be assessed without reference to how the details of the scheme relate to the surrounding area: hence, 'outline' applications are not acceptable in these circumstances.

Conservation-Led Regeneration

3.10.17 Restoring and finding beneficial uses to historic buildings is a key component of the Borough's strategies for regeneration. This makes best use of existing resources and can transform the image of an area. Brent is working with English Heritage to ensure that best use is made of the listed buildings in Wembley, mainly the Arena (surviving buildings from the British Empire Exhibition have now been removed from the Statutory List), in the regeneration proposals for Wembley, but only in exceptional cases would this approach be appropriate (see policy WEM22).

Alterations & Extensions to Buildings in Conservation Areas

3.10.18 The main threat to most of Brent's conservation areas is not the threatened loss of buildings but the gradual erosion and alteration of individual elevational features, that together, give the conservation areas their special character. This is particularly the case with rendering/painting, roofing replacements, and replacement of original windows. In all cases the presumption will be in favour of retention of original materials, which are often hard to replace. For example carefully maintained box sash windows can last for generations and can be supplemented by internal secondary glazing. It is recognised however that in many cases replacements will be necessary. It is the appearance of the replacement which is relevant rather than the construction methods or materials, but some materials, such as UVPC windows, will require particularly careful design to mimic the originals, and 'off the peg' designs will not be appropriate. The Council has published a Window Design Guide.

Demolition & Gap Sites in Conservation Areas

3.10.19 Conservation Areas have special protection in that most works of demolition require a particular form of consent (Conservation Area Consent). The Council will use this power to control unnecessary demolition of buildings. It should be noted that 'building' is also defined by statute as part of a building.

3.10.20 Where demolition is proposed to be accompanied by redevelopment then planning permission for this will normally be required. The Council will require this to be a full planning application rather than an outline, to show what is to be substituted. In the past demolition in Conservation Areas without new development has left detrimental gap sites, this will be resisted.

Open Space in Conservation Areas

3.10.21 An essential element of the Borough's Conservation Areas is the landscaping and garden areas within them. These have taken many years to mature and must be treated with respect by new developments if the character of these areas is not to be harmed.

Areas of Distinctive Residential Character

3.10.22 Although the Borough has many residential areas with a pleasant character, there are a number of well-established residential estates which possess readily identifiable and distinctive characteristics and a high standard of residential amenity which would be particularly threatened by unsympathetic development. Their coherent design and pleasant setting warrant designation as Areas of Distinctive Residential Character (ADRC) so that a more co-ordinated approach to design control may be achieved. This is not to suggest that other areas are not of merit, only that the forms of development which the planning system has powers to control present a particular danger to the character of those areas designated as ADRC's. In addition to the normal design and housing policies, and their associated standards, particular considerations apply in the areas designated in Policy BE29. ADRC's are identified on the Proposals Map and the properties affected are listed in Appendix BE3.

Enabling Development and the Conservation of Heritage Assets

3.10.23 Many planning decisions affect the integrity of elements of the historic environment, heritage assets (heritage asset is used in the policy as shorthand for archaeological remains and ancient monuments, listed buildings and conservation areas). On occasion development is proposed contrary to normal planning policy, in order to finance a secure future of the asset itself, such as rescuing it from dereliction, this is known as 'enabling development'. These are not decisions to be taken lightly and policies for this are required by PPG15. The policy below sets down the strict tests proposed by English Heritage, to ensure that the balance of public advantage is in favour of securing the future of the heritage asset.


3.10.24 If it is decided that a proposal meets the criteria below then the benefits will need to be defined and secured. To ensure that the impact of the development is precisely defined at the outset this would normally be through the granting of full rather than outline planning permission. The achievement of the heritage objective should be securely and enforceably linked to it through a planning obligation. The heritage asset should be repaired to an agreed standard, or the funds made available to do so, as early as possible in the course of the enabling development, ideally at the outset and certainly before completion or occupation. The planning authority will closely monitor implementation.

Sites of Archaeological Interest

3.10.25 Archaeological remains constitute the principal surviving evidence of the Borough's past but are a finite and fragile resource that is vulnerable to modern development and land use. Once removed, that part of the Borough's past is lost forever. The Council considers that the archaeology of the Borough is a community asset as an educational, recreational and tourist resource: its preservation is a legitimate objective, against which the needs of development must be balanced and assessed. The destruction of such remains should be avoided wherever possible and should never take place without prior archaeological assessment, (which may include excavation) and record. These principles are embodied in the Office of the Deputy Prime Minister’s Planning Policy Guidance Note on Archaeology (PPG16).

3.10.26 In 1988, the Council adopted a comprehensive policy which identified a number of archaeological sites of interest and endorsed the Code of Practice on archaeological rescue work agreed between the British Property Federation and the Standing Conference of Archaeological Unit Managers. The support of all interested parties will be sought.

3.10.27 Where development may affect land of archaeological importance, the Council expects a preliminary site evaluation to take place. This requirement applies both to 'Archaeological Priority Areas' which are known, or to likely sites of prehistoric settlement and to 'Sites of Archaeological Importance' where there have been important or concentrated finds in the past. Archaeological sites should be properly investigated and excavated by a recognised archaeological organisation such as, the Institute of Field Archaeologists (IFA) before development takes place. In appropriate cases, the most important archaeological remains and their settings should be permanently preserved. Interpretation and presentation to the public is a key part of this process. The Council will therefore seek provision for the analysis and public display of finds. Sites of Archaeological Importance and Archaeological Priority Areas are listed in Appendix BE5. Archaeological Priority Areas are also shown on the Proposals Map. Further information on archaeological sites is contained in the publication 'Archaeology in Brent'.

3.10.28 A computerised and mapped databank is provided by the Greater London Sites and Monuments Record operated by English Heritage.

Monuments and Earthworks

3.10.29 There are no scheduled Ancient Monuments in the Borough but there are structures and earthworks of local interest which the Council intends to safeguard.

Trees and Tree Preservation

3.10.30 The Council recognises the contribution that trees can make to the character and amenity of an area and that there is a need to preserve, maintain and, where appropriate, replace existing trees. Trees bring many benefits beyond their obvious landscape and amenity value:

• They are the principal agent for removing carbon dioxide, one of the 'Greenhouse Gases', from the atmosphere and are a major net producer of oxygen;
• Evidence from the National Urban Forestry Unit in 1998 shows that urban trees have "… positive impact on the incidence of Asthma, skin cancer and stress-related illnesses by filtering polluted air, reducing smog formation and shading out solar radiation...";
• Trees bring natural elements and wildlife habitats into urban surroundings, all of which increase the quality of life for residents of the local community - International Society of Arboriculture (ISA);
• Trees intercept water, store some of it, lessen stormwater run-off and reduce the possibility of flooding;
• Trees also have a role to play in noise reduction;
• At a local level, trees filter dust from the air, counteract pollution, provide shade in summer, reduce wind speed and support urban bird species.
Trees of high amenity value on private land can be protected by Tree Preservation Orders under the Town and Country Planning Acts. A programme for the preparation of new orders and updating former orders is underway.

3.10.31 Brent is responsible for planting and maintaining trees on the highways, including pavements, roadside open spaces, traffic islands and shopping centres. The Council recognises the vital role that trees have in the Borough and will promote and maintain a healthy, vibrant street scene. The Council will endeavour to improve the quality and coverage of trees, shrubs and woodlands throughout the Borough and maintain trees in streets and public open spaces in sound condition. It will treat, or at a last resort following the undertaking of a risk assessment, remove trees which become dangerous or which damage buildings. The Council will undertake a planting and replacement programme to ensure a continuity and increase of tree and shrub cover throughout the Borough, particularly in areas with a poor existing cover and those areas identified with open space deficiency and nature conservation deficiency. Wherever possible, the Council will take the opportunity to plant native species including forest type trees, and will seek out sites suitable for an urban forestry programme. The Council recognises the importance of highway trees in forming a strategic link for wildlife between natural green spaces. It will also encourage private individuals, bodies, the business sector and industry to plant trees and shrubs.

Views and Landmarks

3.10.32 Because of the undulating nature of the Borough there are many fine views of nearby open spaces, groups of trees, significant buildings and other features. These landmarks and the views to them are a valuable amenity to the Borough and need to be considered and protected when new developments are proposed that may affect them. Views of Wembley Stadium, and of St. Mary's Church, Harrow-on-the-Hill are considered to be particularly important views worthy of protection. A general indication of these views is shown on Map BE4. Detailed maps of the viewing corridors for these views will be produced by the Council as Supplementary Design Guidance. These views are in addition to views across the areas of open character set out in Policy OS4 in Chapter 10.

continue to APPENDIX BE1: SCHEDULE OF PROPERTIES IN CONSERVATION AREAS

Foreword

Introduction

Strategy

Built Environment

Environmental Protection

Housing

Transport

Employment

Town Centres & Shopping

Tourism, Entertainment & the Arts

Open Space & Recreation

Community Facilities

Waste

INSET PLANS

Park Royal

Wembley Regeneration Area

Site Specific Proposals

Glossary

Borough-wide maps