Special Status

6.1 Introduction

6.1.1 The following subjects have been included in the Design Guide as they have direct or indirect implications on many of the issues included elsewhere in the Guide.

6.1.2 It is particularly important to understand the distinction between Conservation Area and Listed Building status. As the whole line is a Conservation Area, all matters relating to works planned within that area should be referred to the Local Planning Authority.

6.1.3 There are exceptions for “Statutory Undertakings”, such as Network Rail or a Train Operating Company, where works involve structures connected with the workings of the railway.

6.1.4 The Guide recommends that advice should be sought from the relevant Local Planning Authority before any works are carried out as described in the following sections.

6.1.5 The final section covering archaeology has been included to highlight the potential importance of any remains or artefacts found during building or excavation works. It cannot be assumed that any remains predating the railway would have already been discovered during construction. They may well have lain undiscovered, overlooked or ignored.

6.2 Conservation Area Status

6.2.1 The entire route of the line between Settle Junction and Petteril Bridge Junction, Carlisle was designated a Conservation Area in 1992. This status recognised the special architectural and historic interest of the line.

6.2.2 Conservation Areas are designated and reviewed by the Local Planning Authority. The Authority is required to make proposals for the preservation and enhancement of a designated area where it is considered of “special architectural or historic interest” whose character is worth protecting or enhancing.

6.2.3 The designation of Conservation Area status is based on local and regional criteria as opposed to those of national importance as would apply in the case of listing.

6.2.4 Conservation Area status has implications on matters of demolition, minor developments and the protection of trees.

6.2.5 Any plan to demolish a building, either totally or partially, within a Conservation Area must be submitted to the Local Planning Authority. The procedures are generally the same as for applications for listed building consent.

6.2.6 Any plans to make changes that would be normally permitted elsewhere must be submitted to the Local Planning Authority. This is to ensure that any alterations do not detract from the character or appearance of the area. This would include certain types of cladding, satellite dishes and dormer windows.

6.2.7 Certain other restrictions can be imposed under legislation introduced in 1995, such as erecting porches, changing doors and windows or colour schemes. The Local Authority has to demonstrate good reason for such restrictions and take into account public opinion.

6.2.8 Notification must be given to the Local Planning Authority of any plans to fell, top or lop trees within a Conservation Area. This is regardless of whether or not the tree is covered by a Tree Preservation Order.

6.3 Listed Building Status

6.3.1 The following buildings have Listed Building status under the terms of the Planning (Listed Buildings and Conservation Areas) Act 1997.

  • Settle – station building, waiting room and platforms – Grade II listed.
  • Dent – station building and Up platform waiting room – Grade II listed.
  • Appleby – station building and waiting room – Grade II listed.

6.3.2 Listed buildings are graded in one of the three following categories:

  • Grade I – buildings of exceptional interest
  • Grade II* – particularly important buildings of more than special interest
  • Grade II – of special interest which warrants every effort being made to preserve them.

6.3.3 The list is compiled by the Secretary of State for Culture, Media and Sport under the 1997 Act, on advice from English Heritage.

6.3.4 The listing includes the building in its entirety, unless stipulated otherwise. This also includes the interior as well as the main structure, all the features on the interior and exterior of the building, including late additions to an old building. Also included are buildings or structures attached to or within the curtilage of the listed building.

6.3.5 Listing does not preclude changes in their entirety and the Planning Authorities accept that changes are inevitable if a building is to continue in use, this being particularly relevant to railway stations.

6.3.6 However, the Planning Authority must be convinced that the proposed works will:

  • not adversely affect the special interest of the building
  • be carried out in such a way that it results in the minimum amount of damage to, or replacement of historic fabric
  • be undertaken by appropriately skilled craftsmen under the supervision of a suitably qualified architect or other design advisor.

6.3.7 Formal approval must be obtained from the Local Planning Authority before any work is carried out to a listed building that is deemed to affect the character of the building. Where appropriate this should be done in conjunction with English Heritage.

6.3.8 Guidance on the application of the legislation is contained in Planning Policy Statement 5 (PPS5): Planning for the Historic Environment—2010.

6.4 Scheduled Monument Status

6.4.1 The Ancient Monuments and Archaeological Areas Act 1979 (www.legislation.gov.uk/ukpga/1979/46) provides for the protection and conservation of nationally important archaeological sites in the United Kingdom.

6.4.2 Designation in England is carried out by the Secretary of State under guidance from English Heritage through its Monuments Protection Programme. Monuments are added to a list, or schedule, under powers contained in section 1 of the above Act.

6.4.3 Scheduling means that scheduled monument consent is required for works to that monument, including demolishing, removing, repairing, altering or adding to.

6.4.4 Scheduled Monument status, where applied to buildings, differs from Listed Building status insomuch as the latter generally applies only to buildings that are still capable of active use.

6.4.5 There are presently no scheduled sites within the ten stations covered by the Guide, but the matter has been included for future reference should this position change.

6.4.6 For further details refer to English Heritage leaflets “Scheduled Monuments – A Guide for Owners and Occupiers”.

6.5 Archaeology

6.5.1 Archaeological remains can often be found in the most unexpected places. They can range from ancient burial grounds and settlements to the remnants of earlier railway activities.

6.5.2 These can manifest themselves in a variety of ways, often being the foundations of earlier buildings or the buried remains of old tramways or wheels, for example.

6.5.3 Many sites are designated as Areas of Archaeological Interest and information about these can be obtained from the Local Planning Authority, English Heritage and sometimes from local museums.

6.5.4 When any work is contemplated that may involve excavation a check should be made to confirm if the site may be of archaeological interest.

6.5.5 Any items discovered, no matter how mundane, should have their location recorded and photographed. They should then be carefully removed and stored in a safe location until their disposal has been arranged.

6.5.6 The Railway Heritage Committee should be contacted as they have statutory powers of designation for artefacts and can advise on their safe removal and storage. (See Management of Stations 7.5.1)

6.5.7 Items of value may be declared as Treasure Trove and the law requires them to be reported. Advice can be sought from local museums.

6.5.8 Similarly, the discovery of human remains should be reported in the first instance to the local police authority.

6.5.9 For further guidance and a list of local archaeological agencies, refer to Planning Policy Statement 5 (PPS5): Planning for the Historic Environment—2010.

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