12.0 PLANNING POLICY12.1 The pla nning policy outlin ed belo w wa sapplicable a t the date of adoptio n of theConservation Ar ea Ap praisal. Alw ays check toensure that it is still current.12.2 The develo pment plan po licies affectin gthe Conservation Area include the East MidlandsRegional Plan 2009 and the saved policies of the<strong>Peak</strong> <strong>District</strong> Nation al <strong>Park</strong> Lo cal Pl an 20 01.Government has al so accepted that th e forme r<strong>Peak</strong> <strong>District</strong> Structu re Pl an re mains material i noffering context and explaining the intent of LocalPlan policies. This will remain the case until thenew Local Develo pment Frame work CoreStrategy is a dopted. Thi s is antici pated to be in2011.12.3 When d rawing up p olicies fo rConservation Areas, the <strong>Authority</strong> is inf ormed bythe Planning (Listed Buildings and ConservationAreas) Act 1990 and Planning Policy Statement5 (PPS 5): Planning for the Histori c Environment.The Autho rity aims to pre serve an d whe repossible enhance the character or appearance ofConservation Areas by the prevention of harmfuldevelopment under East Midlands Regional PlanPolicies 26 and 27 and Local Plan Policy LC5.12.4 Development within Con servation Are asis controll ed by the Plan ning (Liste d Buildingsand Conservation Area s) Act 1 990, t he To wnand Country Planning (Gen eral PermittedDevelopment) O rder 1 995 an d the Town andCountry Planning (Gen eral PermittedDevelopment) (Am endment) (No.2 ) (England)Order 2008. The re a re currently no Article 4Directions, removing certai n permitteddevelopment rights, i n the Hathersag eConservation Area. Assessme nt of anydevelopment proposals will take place within thecontext of approved d evelopment pla n poli ciesand this Conservation Area Appraisal.12.5 PPS 5 s ets out the Government’sobjectives for the histori c environment and thereasons for its conservation. PPS 5 is dominantin plan making and individual planning decisions.Through thi s planning p rocess we can identifyand define t he intere st a nd cha racter that thehistoric environment bri ngs to the area an dconserve that value. An area’s heritage can alsoprovide a reference poi nt for the de sign of n ewdevelopment. Asse ssment of any developme ntproposal will take place in the context of PPS 5policies a nd the dev eloper’s a ssessmentstatement on the effect on the historic asset.12.6 The Lo cal Plan has ide ntifiedHathersage as a Lo cal Plan Settlement (poli cyLC2). Local Plan Settlements are the main focu sfor develo pment within th e Nation al <strong>Park</strong>, suchas affordabl e hou sing, business d evelopmentand com munity facilities. Resid entialdevelopment nece ssary f or rel ocation of nonconformingu ses, or whi ch would e nhance thevalued characteristics of the Natio nal <strong>Park</strong>, maybe permitted in these areas.12.7 The whole of the Hathe rsageConservation Area i s iden tified within t he Lo calPlan as Re creation Zon e 2. Under Lo cal Planpolicy LR1 and in the Structure Plan, recre ationand tou rism-related d evelopment i s en couragedprovided that it is a ppropriate in fo rm, character,location and setting and will not have anunacceptable impact on the valuedcharacteristics of the a rea. Zone 2 uses includepicnic sites, small car pa rks and facilities linkedto wal king, cycling and riding, with th e re use ofexisting buildings preferred to new build.12.8 Land immediately west an d south of theConservation Area within the valley bottom i sclassed as Recreation Zone 1. Local Plan policyLR1 and the Structu re Pl an al so ap ply to thisarea and st ate that recreation and tourismrelateddevelopment is acceptable, but only if it isinformal, l ow im pact and ha s carefulmanagement. Thi s includes hostels, farmhouseaccommodation, wal king, cyclin g an d ridin groutes.12.9 There a re 29 li sted buildings a ndstructures in Hathersage Conservation Area (seeSection 1 3 for the detail ed list). Developme ntthat affects the cha racter of these historic assetsshall be a ssessed against nation al p olicy an dLocal Plan Policies LC6 and LC7. In addition, theproposed conversion of any building of historic orvernacular m erit within th e Co nservation Are awill have to take into consideration the points setout in policy LC8.12.10 There are 1 2 sites withi n or just out sideHathersage Conservation Area ide ntified in theDerbyshire County Coun cil’s Hi storicEnvironment Re cord (HE R) (Se e Se ction 3.2 ).Development that would affect these assets, orany other areas of archa eological pot ential, willonly be pe rmitted if in line with L ocal Pla nPolicies LC1 5 and L C16. Where dev elopmenthas been permitted, the developer will berequired to minimise its impa ct and, a sappropriate, to record, saf eguard and enha ncethe site s or feature s of spe cial im portance.Appropriate schem es for a rchaeologicalinvestigation, pri or to a nd du ring deve lopment,will also normally be required.12.11 A numbe r of sites in and aroun dHathersage Conservation Area are of region alimportance for thei r bi ological a nd wildlifeinterest. Lo cal Plan Pol icy LC17 st ates thatdevelopment which would detrimentally affect thevalue to wildlife will not be permitted, ot her thanin exceptional circumstances.12.12 It is possi ble that prote cted species, asidentified in the Wildlife and Countryside A ct1981 (as amende d), may b e found.50
Development pro posals may therefore re quirespecialised surveys, such as bat surveys, as partof a plan ning appli cation. Buildings and tre es,particularly mature tree s, may incl ude featuressuitable for roosting b ats, and d evelopmentsleading to the loss of mature tre es may alsorequire a bat survey. Water vole s should b econsidered whe n com pleting any works in thevicinity of wa tercourses within the Con servationArea.12.13 Development proposals for area s whereprotected species exist should also include, andimplement, a scheme for safeguarding the futuresurvival of the prote cted spe cies and theirhabitat. Thi s will b e a req uisite condition of anyrelevant pl anning permissi on. Fo r furthe rinformation see the <strong>Authority</strong>’s Planning PracticeNote: Protected Species and Development in the<strong>Peak</strong> Di strict <strong>National</strong> <strong>Park</strong>, o r se e the<strong>Authority</strong>’s website (www.peakdistrict.gov.uk).12.14 In the Con servation Are a, trees with atrunk over 75mm in diame ter are p rotected, andthe felling, lo pping or topping of the se trees maynot be permitted without prior agreement. Somehedgerows are p rotected from dest ruction ordamage under the Hedgerows Regulation 1997.Anyone con sidering work of this nature shouldcontact the <strong>National</strong> <strong>Park</strong> <strong>Authority</strong> for advice.12.15 All wild birds, with the exception of tho sedefined a s game or pe st spe cies, are al soprotected under the Wildlife and Countryside Act1981 (as a mended). Natural En gland therefo rerecommends that: ‘No tree o r shru b clearanceworks shall b e un dertaken duri ng th e main bi rdbreeding sea son (mi d M arch to July i nclusive)’.This condition will no rmally be at tached toplanning permissions that require tree, shrub andhedgerow removal. Dev elopment pro posals fo rareas whe re protected bi rd spe cies exist mustinclude, an d impleme nt, a sch eme forsafeguarding the futu re survival of the protectedbird species and thei r h abitat, as a requi sitecondition of any planni ng permission.Development proposals affecting ha bitats ofimportance are covered by East Midland sRegional Plan policies 26, 29 an d 30 and LocalPlan policies LC17 and LC20.12.16 Hathersage is located on the A6187 roadroute which is part of the strategic road network.The A6187 can also be accessed at the southernedge of th e village al ong th e B6 521, thesecondary ro ute. L ocal Plan p olicies LT1 an dLT2 and th e Structure Plan state that the<strong>Authority</strong> will disco urage the u se of t he lo westcategory of roads in fav our of strategic andsecondary routes. Lo cal Plan policy LT14,relating to car pa rking provi sion, and Ea stMidlands Re gional Plan Policies 43 a nd 44 willalso apply.12.17 Although not classified a s Policy, the<strong>Authority</strong> has published a number of documentsthat recommend, directly or indirectly, actions tosafeguard the characte r of the HathersageConservation Area. These includ e the CulturalHeritage Strategy (200 5) and the Land scapeStrategy an d Action Pl an (2009 ). The Pea k<strong>District</strong> <strong>National</strong> <strong>Park</strong>’ s Climate Chan ge ActionPlan 20 09-2011, which ad dresses e nergyconservation and climate change within the <strong>Park</strong>,is also of relevance.(www.peakdistrict.gov.uk/climatechange)51