The Building Conservation Directory 2021

30 T H E B U I L D I N G C O N S E R VAT I O N D I R E C T O R Y 2 0 2 1 C AT H E D R A L C O MM U N I C AT I O N S mistake is to assume that Section 72 applies to the setting of conservation areas, but the wording of the Act does not make reference to conservation area’s setting as Section 66 does to the setting of listed buildings. KEY GUIDANCE Historic England’s The Setting of Heritage Assets * provides the key guidance for the assessment of setting in England. This advocates a staged approach to the assessment of setting: Step 1 Identify which heritage assets and their settings are affected. Step 2 Assess the degree to which these settings make a contribution to the significance of the heritage asset(s) or allow significance to be appreciated. Step 3 Assess the effects of the proposed development, whether beneficial or harmful, on that significance or on the ability to appreciate it. Step 4 Explore ways to maximise enhancement and avoid or minimise harm. Step 5 Make and document the decision and monitor outcomes. These stages are set out in Historic England’s Guidance, with particularly useful check lists for potential attributes of setting that may contribute to significance and the potential attributes of a development affecting setting that may affect the significance of an asset. With regards to the approach above, there are several things to note for the completion of a robust assessment with regards to stages 1 to 3. Firstly, as stressed at the beginning of this article, it is seldom appropriate to give in writing a consideration of all elements of the checklists and this is explicit in the guidance itself, which advocates a ‘ what matters and why ’ approach to assessment. Also, a narrative description often provides a much clearer assessment than use of a table or tables. Step 1 Identifying assets that might be harmed The first step is a logical filtering exercise, putting forward assets (such as those designated by Historic England or recorded on local Historic Environment Records) for further assessment which are likely to be intervisible or co-visible, or were clearly historically associated to an asset, or have another connection with the asset that warrants further consideration. This should be proportional, taking into account such matters as distance using maps and sometimes zones of visual influence in the first instance, and flexible, adding assets that appear sensitive during site visits. Step 2 Consideration of significance Historic England’s guidance sets out the ways in which aspects of setting may contribute to the heritage significance of an asset or allow significance to be appreciated. Examples may be land that is part of a designed view, provides separation or isolation or facilitates key views to an asset. It should be noted that whether an area contributes to significance is not just about intervisibility or co-visibility. Other aspects such as the historical, social and economic connections of the asset with elements of its surrounds should also be taken into account, such as former functional or ownership connections. This was demonstrated by the Steer Judgment in the Court of Appeal3. Conversely, the Steer Judgment4 is also clear that intervisibility or co-visibility does not necessarily mean a contribution to setting, but rather there must be ‘ a visual relationship which is more than remote or ephemeral, and which in some way bears on one’s experience of the listed building in its surrounding landscape or townscape ’ in order for a development to affect the setting of an asset. This is in line with Historic England’s consideration of churches within its guidance The Setting of Heritage Assets , which states that ‘ Being tall structures, church towers and spires are often widely visible across land- and townscapes but, where development does not impact on the significance of heritage assets visible in a wider setting or where not allowing significance to be appreciated, they are unlikely to be affected by small- scale development, unless that development competes with them, as tower blocks and wind turbines may .’ This suggests that not everything that is intervisible with such an asset contributes to its significance. Step 3 Assessing the affects of development This step considers whether harm or benefits will occur through changes that alter the heritage interests of the asset. Harm would occur where an area that contributes to the heritage significance of an asset through The listed camelia house at Wardour, Wiltshire: if the contribution made by the setting to the significance of the heritage asset is substantial, is the loss of just a small proportion of the setting less than substantial? (Photo: Jonathan Taylor)