Conservation Management Plan - Tamworth Borough Council

HE 9.1 There should be a presumption in favour of the conservation of the designated heritage asset, and the more
significant the designated heritage asset, the greater the presumption in favour of its conservation should be. Once lost,
heritage assets cannot be replaced and their loss has a cultural, environmental, economic and social impact. Significance
can be harmed or lost through alteration or destruction of the heritage asset or development within its setting.
Relevant general policies of the Local Plan are those covering buildings and areas of architectural or historic interest,
General Aims and Objectives and the value of tourism.
2.2.3 Statutory protection: Listing and scheduling
The castle is both a grade I listed building and a scheduled monument, but under current legislation scheduled
monument consent controls over ride the listed building consent regime.
The present designations (scheduling and listing) adequately reflect the importance of the castle. However the
scheduling at present omits part of the medieval gatehouse which is clearly an important part of the castle.
Consultation with the English Heritage Inspector of Ancient Monuments is essential at an early stage before any
new works affecting the castle. Certain categories of limited works, including routine gardening and grass cutting
on the motte, can proceed lawfully without an application for scheduled monument consent, providing these meet
the description in the Ancient Monuments (Class Consents) Order 1994. The English Heritage Inspector can advise
on the applicability of this. It is also strongly recommended that the advice of English Heritage is sought before
seeking consent for any significant repairs, including repointing or replacing joinery, and that the County Council
Historic Environment Team and English Heritage Inspector should be consulted in advance for any application for
consent for below ground interventions.
The scheduled and listed status of the Castle does not supercede the need to apply for planning permission. Where
works constituting development are proposed, planning permission must be sought in parallel with scheduled
monument consent or listed building consent as appropriate.
2.2.4 Planning Policy Statement 9 (PPS9): Planning and Biodiversity
Planning Policy Statement 9 (PPS9) sets out guidance in relation to biodiversity and the planning process. Paragraph
10 on Ancient Woodland and other Important Natural Habitats states that aged or veteran trees are particularly
valuable for biodiversity and their loss should be avoided. Planning authorities should encourage the conservation
and retention of such trees as part of their development proposals.
The horse chestnut tree given its possible age, size and position could be classified as a veteran tree. The removal of
this tree may therefore be contrary to the guidance set out in PPS9 and would result in a negative ecological impact.
The impact would be significant at a site level.
2.2.5 Wildlife and Countryside Act 1981 (as amended by the Crow Act 2000)
Bats are protected under the Wildlife and Countryside Act 1981 (as amended by the Crow Act 2000) and under
European legislation. The law provides strict protection for bats, and it is an offence to disturb bats or damage bat
roosts, whether or not the bats are present at the time. A licence may be obtained to disturb bats or bat roosts, but
only if:
• The proposal is necessary ‘ to preserve public health or public safety or other imperative reasons of
overriding public interest, including those of a social or economic nature and beneficial
consequences of primary importance for the environment’;
• ‘there is no satisfactory alternative’;
• The proposals will not be detrimental to the maintenance of the population of the species concerned at a
favourable conservation status in their natural range’.
• There is clear evidence that bats are roosting and feeding in the castle and within its parkland setting and
this is discussed further below.
Tamworth Castle Conservation Management Plan www.marionblockley.co.uk
Part 2
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