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UK Planning Law: Development Brief The Former Cattle Market, Barnstaple

Coursework Instructions:
ANSWER ALL PARTS The Cattle Market site is situated within a conservation area and encompasses the motte and bailey of Barnstaple Castle, a scheduled ancient monument. Various listed buildings are adjacent to the site, with other listed buildings nearby (see map, Appendix 1). Explain and consider critically, with reference to statute, case law, policy and the information in the brief as appropriate: a) the rationale for and the extent of protection conferred respectively by conservation area, listed building and scheduled ancient monument designations (30% of marks) b) the implications of these designations for prospective developers in terms of site redevelopment and associated planning procedures; (30% of marks) c) the legal status and significance (in 2005 and now) of the Design and the Historic Environment guidance and policies referred to in Appendix 2; (20% of marks) d) the legal mechanisms available to the local planning authority to secure improvement to the integrity, setting and visual impact of the castle (page 5 refers). (20% of marks)
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UK PLANNING LAW
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DEVELOPMENT BRIEF FOR THE FORMER CATTLE MARKET, BARNSTAPLE
* Conservation areas are designated by local planning authorities under the planning acts. Section 69 of the UK planning law on buildings and conservation areas state that a conservation area is an ear of architectural or historic interest the character of appearance of which is it desirable to preserve or enhance. Then planning analysis recognizes the archaeological importance of the site and its monuments. The archaeological assessment and evaluation will inform and guide any development proposals for the site and also complement the assessment undertaken by Exeter archeology in 2003. The redevelopment will protect the conservation site by respecting the archeological and historic interests of the site; improve integrity, management and visitor experience of the Barnstaple castle.
* Due to the importance of the site as an archaeological and historic site as well as its ability to provide public space and parking areas for people, prospective developers will have to provide an appropriate element of car parking to serve the town centre to enhance its viability and vitality. Also, the urban of nay developer must respond to and reinforce the existing quality of the landscape. New public space is also to be connected as well as improving visual and physical connections of the site with the town centre and the surrounding areas. All perspective developers with comply with conditions and Policies DVS1 and DVS2 of the North Devon Local Plan Revised Deposit. In order to ensure that the necessary physical and social infrastructure is provided to support the development, the prospective developers with have to comply with site specific requirements of Proposal BAR6 in addition to those set by national, local and country governments.
* The legal status and significance (in 2005 and now) of the Design and the Historic Environment guidance and policies referred to in Appendix 2 is that any development scheme will not only work to fulfill their own goals but also consider the significance of the site to the people and the services they get form the conservation area. Though the primary goals of the redevelopment is to expand the Barnstaple castle market and provide more shopping area, the site is still of significance. All schemes must therefore adhere to UK development and planning laws in respect to redeveloping conservation areas. Also, since proposal BAR6 of the revised deposit local plan identifies the former castle market as a site for redevelopment to meet the shopping capacity, legal status, guidance and policies from national, country and local level ensure that the scheme meets the essential physical and social infrastructure to support the development.
* The legal mechanisms available to the local planning authority to secure improvement to the integrity, setting and visual impac...
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