ICOMOS Reactive Monitoring Mission to Edinburgh - Historic Scotland

Joint UNESCO‐
ICOMOS Reactive
Monitoring Mission
to Edinburgh
12 th – 15 th November 2008
Pre‐mission Briefing

Contents
page
Contents 2
1. Terms of Reference 3
2. Letter to Dr Bandarin and State of Conservation Report 4
3. Inscription and Statement of Significance 16
4. Papers from the 32 nd session of the World Heritage Committee 19
5. Invitation to Joint Reactive Monitoring Mission 23
6. Role of the State Party: Cultural Heritage 25
7. The Scottish Planning System ‐ General Overview 27
8. The Scottish Planning System ‐ The Historic Environment 33
9. The Role of Edinburgh World Heritage 36
10. The Edinburgh Development Plan 38
11. Case‐specific Briefings 45
11.1 Caltongate 45
11.2 Haymarket 46
11.3 St James Centre 47
11.4 Leith Docks 48
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1. Terms of Reference
1. As requested by the World Heritage Committee at its 32nd session
(Quebec City, 2008), carry out a joint UNESCO / ICOMOS reactive
monitoring mission in accordance with Decision 32 COM 7B.117;
2. Review the overall situation of the Old and New Towns of Edinburgh
World Heritage property with regard to the state of conservation of the
site in its widest urban context, its integrity and authenticity, and how
current construction projects may affect the Outstanding Universal
Value of the property;
3. Discuss with national and local authorities how the existing high‐rise
buildings and any construction plans affect the Outstanding Universal
Value of the site; and more specifically new developments around the
property;
4. Discuss with relevant authorities, local institutions, organisations and
other stakeholders the protection of the historic urban landscape and its
visual integrity and in particular the impact of the Caltongate
development as well as the outline proposals for Leith Docks, St James
centre, South Bridge (fire site) and other projects on the outstanding
universal value, integrity and authenticity of the property;
5. Consider policies to protect the World Heritage property, its
environment and views, and their effective implementation and discuss
opportunities for enhanced conservation and management;
6. Prepare a detailed report by 15 December 2008 for review by the World
Heritage Committee at its 33rd session (Seville 2009) considering the
Operational Guidelines, as well as the recent Statement of Significance
(Decision 32 COM 8B 100), the desired state of conservation, and
timeframes for any corrective action which may be required, and submit
the report to the World Heritage Centre in electronic form (not
exceeding 10 pages) including recommendations.
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2. Letter to Dr Bandarin and State of Conservation
Report
4
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3. Inscription and Statement of Significance
The Old and New Towns of Edinburgh World Heritage Site was inscribed on
the list of World Heritage sites at the meeting of the World Heritage
Committee in Berlin in 1995.
It was inscribed under the following criteria:
Criteria (ii) Exhibit an important interchange of human values, over a span of
time …..on developments in architecture…..monumental arts, town planning or
landscape design.
The successive planned expansions of the New Town, and the high quality of
its architecture, set standards for Scotland and beyond, and exerted a major
influence on the development of urban architecture and town planning
throughout out Europe, in the 18 th and 19 th centuries
Criteria (iv) Be an outstanding example of a type of building or architectural
ensemble which illustrates a significant stage in human history
The Old and New Towns together form a dramatic reflection of significant
changes in European urban planning, from the inward‐looking, defensive,
walled medieval city of Royal Palaces, abbeys and organically developed small
burgage plots in the Old Town, through the expansive formal Enlightenment
planning of the 18 th and 19 th centuries in the New Town, to the 19 th century
rediscovery and revival of the Old Town with its adaptation of a distinctive
Baronial style of architecture in an urban setting.
The following Statement of Significance for Edinburgh was adopted by the
World Heritage Committee at its meeting in Quebec in July 2008:
“The remarkable juxtaposition of two clearly articulated urban planning
phenomena. The contrast between the organic medieval Old Town and the
planned Georgian New Town provides a clarity of urban structure unrivalled in
Europe. The juxtaposition of these two distinct townscapes, each of
exceptional historic and architectural interest, which are linked across the
landscaped divide, the ‘great arena’ of Sir Walter Scott’s Waverley valley, by
the urban viaduct, North Bridge, and by the Mound, creates the outstanding
urban landscape.
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The Old Town stretches along a high ridge from the Castle on its dramatically
situated rock, down to the Palace of Holyrood. It’s form reflects the burgage
plots of the Canongate, founded as an ‘abbatial burgh’ dependent on the
Abbey of Holyrood, and the national tradition of building tall on the narrow
‘tofts’ or plots separated by lanes or ‘closes’ which created some of the
world’s tallest buildings of their age; the dramatic, robust and distinctive
tenement buildings. It contains many 16th and 17th century merchants' and
nobles' houses such as the early 17th century restored mansion house of
Gladstone's Land which rises to six storeys, and important early public
buildings such as the Canongate Tolbooth and St Giles Cathedral.
The Old Town is characterised by the survival of the little altered medieval
‘fishbone’ street pattern of narrow closes, wynds and courts leading off the
spine formed by the High Street, the broadest, longest street in the Old Town,
with a sense of enclosed space derived from its width, the height of the
buildings lining it, and the small scale of any breaks between them.
The New Town, constructed between 1767 ‐1890 as a collection of seven new
towns on the glacial plain to the north of the Old Town, is framed and
articulated by an uncommonly high concentration of planned ensembles of
ashlar‐faced, world‐class, neo‐classical buildings, associated with renowned
architects, including John & Robert Adam, Sir William Chambers and William
Playfair. Contained and integrated with the townscape are gardens, designed
to take full advantage of the topography, while forming an extensive system of
private and public open space. The New Town is integrated with large green
spaces. It covers a very large area, is consistent to an unequalled degree, and
survives virtually intact.
Some of the finest public and commercial monuments of the neo‐classical
revival in Europe survive in the city, reflecting its continuing status as the
capital of Scotland since 1437, and a major centre of thought and learning in
the 18 th century Age of Enlightenment, with its close cultural and political links
with mainland Europe.
The successive planned expansions from the first New Town, and the high
quality of the architecture, set standards for Scotland and beyond, and exerted
a major influence on the development of urban architecture and town
planning throughout Europe.
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The dramatic topography of the Old Town combined with the planned
alignments of key buildings in both the Old and New Town, results in
spectacular views and panoramas and an iconic skyline.
The renewal and revival of the Old Town in the late 19 th century, and the
adaptation of the distinctive Baronial style of building for use in an urban
environment, influenced the development of conservation policies for urban
environments.
Edinburgh retains most of its significant buildings and spaces in better
condition than most other historic cities of comparable value.”
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4. Papers from the 32nd Session of the World
Heritage Committee
4.1 Decision of the 32 nd Session of the World Heritage Committee, July 2008
Decision: 32 COM 7B.117
The World Heritage Committee,
Having examined document WHC‐08/32.COM/7B,
Expresses its concern at the potential impact of the Caltongate development;
Deeply regrets that the State Party has approved this scheme in June 2008 not
complying with paragraph 172 of the Operational Guidelines;
Requests the State Party to invite a World Heritage Centre / ICOMOS joint
reactive monitoring mission to the property to consider the overall state of
conservation of the Old and New Towns and particularly the possible impact of
the Caltongate development on the integrity and outstanding universal value
of the World Heritage property, as well as the outline proposals for Leith Docks,
the St James Centre, and other current proposals;
Also requests the State Party to submit to the World Heritage Centre, by 1
February 2009, a report on the state of conservation of the property, for
examination by the World Heritage Committee at its 33rd session in 2009.
4.2 ICOMOS Report to the 32 nd Session of the World heritage Committee July
2008
Old and New Towns of Edinburgh (United Kingdom) (C 728)
Year of inscription on the World Heritage List
1995
Criteria: (ii) (iv) (ix)
Year(s) of inscription on the List of World Heritage in Danger: N/A
Previous Committee Decisions: 27 COM 7B.81; 28 COM 15B.101
International Assistance: N/A
UNESCO extra‐budgetary funds: N/A
Previous monitoring missions: N/A
Main threats identified in previous reports: impact of fire at Cowgate; impact
of rubbish containers.
Current conservation issues
The Old and New Towns were inscribed on the World Heritage List for their
remarkable juxtaposition of two urban planning phenomena: the early
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mediaeval ‘herringbone’ layout of the Old Town on the crag, and the regular
layout of the Enlightenment New Town, with Sir Walter Scott’s Waverley valley
in between.
Edinburgh was for many years commended for its far‐sighted town planning
policies, which has allowed the city’s skyline and urban spaces to evolve but
maintain their significance over time. This strategic approach has recently been
revived by the City Council who recently commissioned a new skyline report, in
order to protect key views. This is now out for consultation. The Council is also
developing a strategic approach to the re‐development of Prince’s Street, the
main shopping street of the New Town, based on an analysis of its original
layout and form. These new strategies are emerging at the same time as the
city is facing development pressure from many different quarters, some of
which could impact on the skyline and the overall character and outstanding
universal value of the World Heritage property.
Canongate
Part of the Old Town is now facing re‐development by proposals known as
‘Caltongate’. The 3.46 hectares site which is highly visible from the Calton Hill
is on the North side of the Canongate, the main spine of the Old Town, and
covers an area between Waverley Station and Holyrood. It includes the site of
the old bus station garage.
On 6 February 2008, Edinburgh City Council were minded to grant consent for
major elements of the Caltongate scheme, in spite of considerable opposition
from the Edinburgh World Heritage Trust and others, including a specially
formed Canongate Community Forum which has mobilised community support
to keep homes for locals in the Old Town. The plans include a five‐star hotel,
conference centre, houses and offices. They would involve the demolition of
one protected building, the rear of a second, and several tenanted houses. The
Councillors’ decision has now been referred to Scottish Ministers for their
determination.
The State Party submitted a report on 9 April 2008 which sets out the overall
parameters of the scheme and its current status. It also reported that in spite
of earlier concerns over the scheme, Historic Scotland were now supportive.
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Leith Docks
The report also provided details of the proposed development at Leith Docks
site on the River Forth. This is some 2.5km from the World Heritage property
around the old port for Edinburgh. The port activities have been moved to a
new site. The proposals are still at the concept stage but Historic Scotland has
expressed concerns at the height and bulk of the proposed developments
which include a 28 storey tower. They consider that these proposals would
create a new skyline for the docks that could compete with the skyline of the
World Heritage property and alter its relationship with the river.
St James Centre
Another development scheme mentioned in the State Party’s report is that for
the St James Centre. This is the redevelopment of a 1960‐70s building in a
prominent position in the New Town which currently has a negative impact on
the property. This scheme is still at the early stages of planning and will
provide regeneration of the immediate area. Historic Scotland supports in
outline the proposals for the focus of the site but does not support larger
towers that the developers have also suggested. These would not be in line
with the city’s emerging skyline strategy and could have a major impact on the
city’s skyline.
Cowgate Fire site
The State Party also provides an update on the Cowgate fire site. Proposals to
re‐develop the site are at the pre‐application discussion stage.
The World Heritage Centre and ICOMOS are concerned that the scale of the
Canongate development will impinge on the very strong, tight, grain of the Old
Town and the overall coherence of its urban form and spaces, and impact
negatively on views from Carlton Hill. Given the scale and location of the
development; it could impact on the integrity and outstanding universal value
of the World Heritage property.
As has been presented by the State Party, the Caltongate scheme could be
followed by others of a similar or even larger scale and degree of intervention,
such as the proposals at Leith Docks which could alter the relationship
between the Old and New Towns and its port. Developers appear to be
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challenging the current limits of development in a way that could adversely
affect the integrity of the World Heritage property. There is a need to
understand how the overall coherence of the property and its distinctive
skyline, both crucial to its outstanding universal value, might be protected
while at the same time allowing sympathetic development.
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5. Invitation To Joint Reactive Monitoring Mission
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6. Role of the State Party: Cultural Heritage
6.1 Devolution
Since the passing of The Scotland Act (1998) and the subsequent restoration of
the Scottish Parliament in 1999, a concordat between Scotland and the UK
Government in Westminster has been in place. Paragraph 12 of the concordat
relates to World Heritage Sites:
12. World Heritage Sites: In accordance with the agreed roles of UK and
Scottish Ministers in respect of international responsibilities, set out in the
International concordat, the Secretary of State will be responsible for the
UK Government's overall policy on World Heritage Sites and exercise a coordinating
role in its relationship with UNESCO on this issue. Within this
overall policy Scottish Ministers will, however, continue to be responsible
for identifying and nominating individual Sites within Scotland, and for
dealing with issues which may arise about the proper management of
those sites. DCMS [The Department of Culture, Media and Sport] will chair
regular meetings to discuss World Heritage issues of mutual concern.
In this context ‘proper management of those sites’ refers specifically to the
requirements of the Convention.
Ratification of the UNESCO World Heritage Convention means that the UK as a
whole has signed up to its terms, which include managing and protecting the
existing sites across the UK. The State Party, represented by DCMS for both
cultural and natural sites, acts on behalf of England and the devolved
administrations for Scotland, Wales and Northern Ireland. Because heritage is
a devolved matter, responsibility within Scotland lies with Scottish Ministers
supported by Historic Scotland, as agreed in the concordat with DCMS (see
above).
Historic Scotland is an executive agency of the Scottish Government and is
charged with safeguarding the nation’s historic environment and promoting its
understanding and enjoyment. It acts on behalf of Scottish Ministers as State
Party in relation to World Heritage Sites in Scotland.
6.2 The Role of Historic Scotland in managing the Old and New
Towns of Edinburgh World Heritage Site
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Historic Scotland has a number of linked but distinct roles in relation to the
management of the Old and New Towns of Edinburgh.
• On behalf of Scottish Ministers, Historic Scotland is responsible for
selecting and nominating Scottish candidate sites for inclusion on the World
Heritage Site list, as well as ensuring that the already inscribed sites in
Scotland such as the Old and New Towns of Edinburgh are properly
managed.
• Historic Scotland has a statutory role within the planning system to protect
Listed Buildings, Scheduled Monuments and Gardens and Designed
Landscapes throughout Scotland. It is also consulted in relation to the
demolition of non‐listed buildings within conservation areas.
• Through its ‘Properties in Care’ group, Historic Scotland is also responsible
for the management of two important sites within the World Heritage Site,
which are Edinburgh Castle and the Palace of Holyroodhouse.
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7. The Scottish Planning System ‐ General Overview
The planning system deals with the future development and use of land and is
principally administered by local authorities. Local Authorities are usually the
'Planning Authority' for their area and are responsible for preparing
development plans, determining applications for planning permission and
related consents and taking action against development that has been carried
out without consent or in contravention of conditions. In Scotland, there are
34 planning authorities made up of the 32 local authorities plus Loch Lomond
and the Trossachs National Park Authority, which is the planning authority for
all development control and local planning matters, and Cairngorms National
Park Authority, which has a more limited “call‐in” role in development control.
7.1 Development Plans
A Development Plan is made up of two parts ‐ the Structure Plan and the Local
Plan. Together they set out how much development may take place, where it
will take place, where it is unlikely to be allowed. Planning applications will
normally be determined in line with the Development Plan for an area. They
contain policies for the future development and use of land in an area and
cover a wide range of issues such as housing, transport, employment, shopping,
recreation, urban design and conserving and protecting the countryside.
The Structure Plan for an area takes a long‐term view of development,
considering its general scale and broadly where it should be located. Each
planning authority area is covered by a Structure Plan normally either prepared
in conjunction with neighbouring planning authorities or independently.
Following consultation with the public and other interested people and
organisations, the Structure Plan is submitted to Scottish Ministers for
approval.
Local Plans are usually for smaller areas and must accord with the Structure
Plan. They set out more detailed policies and proposals to guide development
and are the subject of widespread public consultation on their content. After
considering all representations and possibly making changes in light of these,
planning authorities will notify the Local Plan to Scottish Ministers prior to it’s
adoption. Local Plan are adopted as the basis for their decision making in that
area. They cannot do this if the Local Plan is not in line with the approved
Structure Plan.
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7.2 Decisions on Planning Applications
Scottish Local Authorities, in their role as planning authority, determine over
53,000 planning applications every year. On average, they grant permission to
more than 90%.
Planning permission is needed for 'development'. This term is defined in law
and covers a wide range of building and engineering work as well as changes in
the way land and buildings are used. The planning system also covers minerals
extraction, management of the historic environment and control of
advertisements.
The rules controlling the need for planning permission are complicated. Some
minor proposals are classed as permitted development and do not need
permission from the planning authority. The planning authority will advise an
applicant whether planning permission is needed for a particular set of works.
A prospective applicant must notify adjoining land owners and/or occupiers of
what they propose before they apply for planning permission. Anyone then
has the right to comment on an application within 14 days of the planning
authority receiving it. Certain types of application will also be advertised in
local newspapers.
The planning authority must make its decisions on an application in line with
the Development Plan unless material considerations suggest otherwise. A
'material consideration' is a planning matter which is relevant to the
application and can include national policy, comments by the public and other
people or organisations whom the council has consulted, the design of the
proposed development, access and the effect on the environment. World
Heritage is considered to be a material consideration where applicable. The
council must decide how important these material considerations are. The
need to consider all the evidence means that there is no guarantee that
Development Plan policies will be followed in every case, but councils will
usually approve applications for development in line with the Plan.
Planning authorities are expected to take decisions on most planning
applications within eight weeks. Decisions on complicated and controversial
schemes are likely to take longer. The Scottish Government’s target is that
planning authorities should determine at least 80% of planning applications in
two months, and 80% of major developments within four months.
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The planning authority can:
• grant planning permission without conditions;
• grant permission with conditions; or
• refuse permission.
If a planning authority refuses planning permission or grants permission with
conditions, it must give clear reasons, and an applicant can appeal to the
Directorate of Planning and Environmental Appeals (DPEA) if they disagree
with the decision. An applicant must appeal within six months of the council's
decision.
7.3 Involving the Public
Involving the public is an important feature of the planning system, and
planning authorities must do this by law. Two main ways in which people and
communities can become involved are:
• contributing to the preparation of Development Plans; and
• commenting on planning applications.
Planning authorities must provide opportunities for public involvement when
preparing Structure and Local Plans. Although planning authorities will do this
in different ways, they will advertise when and how they intend to involve the
public.
Planning authorities will usually try to settle objections to local plans by
negotiating with everyone involved. If this is not possible, objections will be
considered in public at a 'Local Plan Inquiry' before the planning authority
decides how it will adopt the plan.
Everyone has the right to comment on a proposed development that is likely to
affect them. This not only means neighbours and people who are most directly
affected by a proposal, but also the wider community.
Planning applications can be inspected at planning authority offices and
increasingly through the internet. Everyone has the right to information on
planning matters that affect them, and to make sure that their views will be
taken into consideration when planning authorities make their decisions.
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Community councils receive a list of planning applications every week. They
may ask to be formally consulted on some of them. Community councils
usually try to focus on proposals that raise issues of genuine community
interest.
7.4 The Role of the Scottish Government
Under the devolution settlement of 1998, planning and development are
deemed to be devolved matters and are therefore undertaken by the Scottish
Government, without recourse to the United Kingdom Government in
Westminster.
The main functions of the government in relation to planning are:
• maintaining and developing the law on planning;
• giving policy guidance and advice; and
• approving structure plans
• making decisions on some major planning applications and all appeals
The law covering most aspects of planning in Scotland is the Town and Country
Planning (Scotland) Act 1997.
A series of Scottish Planning Policies/National Planning Policy Guidelines
(SPPs/NPPGs) sets out policy on nationally important land use and other
planning matters. They cover issues such as transport, natural heritage, and
land for housing, shopping and town centres. A series of Planning Advice
Notes (PANs) gives advice on how best to deal with matters such as local
planning, rural housing design, and improving small towns and town centres.
7.5 The Role of the Scottish Ministers
The Scottish Ministers have the power to make decisions on planning
applications, but they only do this in certain circumstances, for example, if a
council:
• does not want to follow an approved structure plan (for example, by
developing in the ‘Green Belt’); or
• has a financial or other interest.
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Appeals against refusal of planning permission, conditions attached to a
planning permission, or an enforcement notice are lodged with the Scottish
Ministers. The Directorate of Planning and Environmental Appeals (DPEA)
considers these. It makes most of the decisions on behalf of Scottish Ministers,
although Scottish Ministers will themselves take decisions where issues of
significant national importance are involved.
Planning decisions must be based on an open and fair consideration of all the
relevant issues, with the same information being made available to all
interested parties. For their part, Scottish Ministers – and particularly Mr
Stewart Stevenson, the Minister for Transport, Infrastructure and Climate
Change (in whose remit Planning resides) – cannot act in any way which might
be seen as prejudicial to the process. In effect, this restricts Ministers’ scope
to become involved or pass comment on a proposed development before a
decision has been taken, whether by a reporter or by the Minister. While a
planning decision is made under the collective name of the Scottish Ministers,
in practice it is a matter for the Planning Minister alone to decide; other
Ministers must not attempt to influence the Planning Minister. However, the
Planning Minister would be debarred from any involvement in a planning case
within his/her own parliamentary constituency, to ensure impartiality is
maintained in decision‐making. These constraints are necessary to ensure that
decisions cannot be successfully challenged in the Courts, and are consistent
with the Scottish Ministerial Code.
7.6 Planning Modernisation
Scotland's planning system is currently undergoing the most significant
modernisation in over 60 years.
The 2005 White Paper, Modernising the Planning System was developed
following an extensive programme of consultations and stakeholder
engagements on all aspects of the planning system.
The Planning etc. (Scotland) Act 2006 is in the process of being implemented
and represents a landmark piece of legislation.
The Scottish Government aims to deliver a modern planning system that is:
• Efficient: up‐to‐date development plans to be at the heart of an efficient
system that provides certainty for users and local people
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• Inclusive: local people to be more involved in the decisions that shape the
development of their communities
• Fit for purpose: with a clear sense of priorities, and to address different
issues in different ways
• Sustainable: development to contribute to economic growth that is
sustainable. Planning will deliver sustainable development ensuring
development is in the right place, and of the right quality
The Government is committed to modernising the planning system to ensure
that it plays a full part in delivering the Scottish Government’s purpose of
increasing sustainable economic growth.
7.7 Key Strands
• Developing a package of secondary legislation which will support
implementation of the Act and working with stakeholders to remove
complexity and provide scope for local solutions wherever possible.
• Laying the second National Planning Framework before Parliament in the
winter. This will set out a vision for Scotland’s strategic development to
2030 and establish the need for a number of developments of national
importance. Following a 60 day period of Parliamentary scrutiny, the final
Framework should be published early in 2009.
The reforms also include a simplified system of development plans; a new
“hierarchy” for planning, focusing on delivery of major developments; the
removal of minor developments from planning controls altogether; and
changes to the planning appeals system to introduce more local decision
making.
Reform will go beyond legislation and guidance to change the culture of
planning. This includes encouraging all stakeholders to take and share
responsibility for the management of change. This includes delivery of the ‘eplanning’
programme; a £10 million investment in ‘e‐enabling’ the planning
system. We will also work to facilitate improved training and access to
specialist skills across the country to support authorities in delivery of a
modernised planning system.
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8. The Scottish Planning System ‐ The Historic
Environment
Planning Policy relating to the Historic Environment in Scotland is centred on
the legislation from which policy and guidance are formed. These elements
are outlined below
8.1 Listed Building and Conservation Area legislation
The principal act, the Planning (Listed Building and Conservation Areas)
(Scotland) Act, 1997, as amended by the Planning etc (Scotland) Act 2006,
sets out the legal framework for the conservation and management of Listed
Buildings and Conservation Areas in Scotland. It establishes the basis for the
designation, control and management of Listed Buildings and Conservation
Areas and for their related consents processes.
8.2 The Scottish Historic Environment Policy (SHEP)
The SHEP sets out Scottish Ministers’ policy on the whole historic environment
and is a material consideration within the planning system. This establishes
the broad principles that inform the day to day management of the historic
environment in Scotland and draws on the philosophy of conservation set out
in the international charters.
8.3 Scottish Planning Policy 23: Planning and the Historic
Environment
Known as SPP23, this sets out current national planning policy for the historic
environment in relation to historic buildings, conservation areas and
archaeology. In relation to World Heritage Sites, the document requires
planning authorities to prepare a specific policy within a clear planning
framework to assist in managing development affecting such sites.
8.4 The Memorandum of Guidance on Listed Buildings and
Conservation Areas, Historic Scotland, 1998
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This is published by Historic Scotland and provides detailed operational
guidance on works to Listed Buildings and Conservation Areas. It is used to
inform the handling of individual applications for planning permission and
related consents. The format of this guidance is being revised to maximise its
effectiveness and accessibility.
The document reiterates the advice within SPP23 on the importance of
ensuring that appropriate policies are in place against which to assess
development proposals affecting World Heritage Sites.
8.5 The Role of Historic Scotland
Scottish Ministers have committed themselves to the safeguarding of our
world heritage sites in accordance with the concordat with DCMS, and do so
through the work of Historic Scotland.
Historic Scotland is an executive Agency of the Scottish Government charged
with safeguarding the nation’s historic environment and promoting its
understanding and enjoyment on behalf of Scottish Ministers. Within the
planning system Historic Scotland provides advice as a statutory consultee on
both development planning and development management.
The agency undertakes a number of functions on behalf of Scottish Ministers.
These include determining applications for Scheduled Monument consent and
advising planning authorities on applications for Listed Building consent.
Applications for Listed Building consent involving alterations to Category ‘A’
and ‘B’ listed buildings, and the demolition of all Listed Buildings and unlisted
buildings in Conservation Areas must be notified to Historic Scotland before
consent can be granted. Likewise, Historic Scotland must be consulted over
applications which will affect the setting of Scheduled Monuments, Category
‘A’ Listed Buildings or sites on the Inventory of Gardens and Designed
Landscapes.
These arrangements mean that in the majority of cases, development affecting
World Heritage Sites will be the subject of consultation with Historic Scotland.
In responding to such consultations, and where Historic Scotland has concerns
that the proposal may threaten the authenticity and integrity of the
Outstanding Universal Values of the site, advice would be provided accordingly.
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In addition to this, Historic Scotland is happy to provide advice to planning
authorities in considering other development affecting a world heritage site.
The agency is currently exploring how to develop this service to best suit each
of the diverse sites within Scotland with a view to ensuring that each authority
is able to manage their site in the most appropriate way.
8.6 How Consideration of WHS/OUV Fits in the Planning System
As established by SPP23, the impact of development upon a World Heritage
Site or its setting is a material consideration in determining planning
applications. Planning authorities are therefore expected to have appropriate
policies within their development plan to ensure that the integrity and
authenticity of the Outstanding Universal Values of a WHS are protected. They
are then expected to apply these consistently in dealing with specific
development proposals.
8.7 Architecture + Design Scotland (A+DS)
Architecture and Design Scotland (A+DS) is the national champion for good
architecture, design and planning in the built environment. It has been
charged with responsibility for helping the development industry to ‘raise its
game', ensuring that the management of the built environment results in a
high quality of life for everyone who lives, works or visits Scotland. Through
the advice that it gives, A+DS therefore has a role in ensuring that the design of
new developments in Scotland enhances rather than detracts from the historic
environment.
8.8 Royal Commission on the Ancient and Historical Monuments of
Scotland (RCAHMS)
RCAHMS is charged with responsibility for recording and keeping records of
the historic environment in Scotland. Its records are therefore potentially an
important resource in relation to WHS management plans, and under the
planning legislation, the Royal Commission also has legal responsibility to
record listed buildings prior substantial alteration or destruction.
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9. The Role of Edinburgh World Heritage Trust
Edinburgh World Heritage Trust (EWH) champions the city’s World Heritage
Site. EWH is funded by two sponsors ‐ the City of Edinburgh Council (CEC) and
Historic Scotland (HS). Its work is prioritised through the Outcomes Agreement,
signed with the sponsors in October 2007. It also published the Management
Plan for the World Heritage Site in July 2005, as required by the Convention
Background – 35 years of conservation
EWH was set up in 1999 as a merger of two organisations; the Edinburgh New
Town Conservation Committee formed in 1970, and the Edinburgh Old Town
Committee for Conservation and Renewal launched in 1986. Over the past 35
years, approximately £32 million has been spent by EWH and its predecessors
on the conservation of the built heritage of the city centre. The work of EWH is
focused on three core areas:
Influence & Monitor
• Influence policy, planning and development
• Monitor change within the World Heritage Site
The World Heritage Steering Group, facilitated by EWH, brings together all of
the key stakeholders involved in the management of the Site.
Conserve & Enhance
• Administer a Conservation Funding Programme to conserve the Site
• Identify projects to enhance the World Heritage Site
In November 2007 EWH launched the Twelve Monuments Project, in
partnership with the City of Edinburgh Council, to restore some of the city’s
most important statues and monuments.
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Promote & Educate
• Celebrate the work of EWH
• Promote awareness and understanding of the World Heritage Site
• Promote conservation standards within the World Heritage Site
In December 2007, EWH produced the first interpretation and promotion
strategy for the World Heritage Site.
How EWH adds public value – The Grassmarket: An Example
• The EWH Conservation Funding Programme has provided grant‐aid for
the repair of historic buildings totalling £331,480 over the last four years.
o Gilmour’s Close – a project to adapt a listed building in the Grassmarket
into affordable housing, incorporating innovative energy saving
measures.
o The Bow Well – one of the key historic monuments of the Grassmarket
has been restored as part of the Twelve Monuments Project.
• A grant of £5,000 to the Grassmarket Area Traders Association to help
promote the area as part of the World Heritage Site.
• EWH is part of the Client Design Group for the Capital Streets programme
and promoted and facilitated the community planning day in September
2005.
• Temporary interpretation panels installed to explain EWH project at
Gilmour’s Close, and a podcast and heritage trail of the Grassmarket
available from EWH website.
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10. The Edinburgh Development Plan
10.1 Edinburgh & Lothians Structure Plan 2015: Relevant Excerpts
Para 7.1 page 46:
7.1 Edinburgh and the Lothians has a rich and varied natural and built
environment. Its natural assets range from dramatic hill landscapes to
agricultural and coastal plains and shorelines. Its built environment
encompasses Edinburgh with its World Heritage Site, Livingston with its newtown
origins, well‐preserved market towns such as Linlithgow, Haddington and
Dalkeith, and the many smaller towns and villages with their origins in
agriculture or industry. A prime objective of the Plan is to protect and enhance
these assets while at the same time promoting beneficial development.
Policy Env 1 C: page 47
International and National Historic or Built Environment Designations:
Development which would harm the character, appearance and setting of the
following designated built or cultural heritage sites, and/or the specific
features which justify their designation, should be resisted:
• World Heritage Sites
• Listed Buildings
• Scheduled Ancient Monuments
• Royal Parks
• Sites listed in the Inventory of Gardens and Designed Landscapes
Local Plans should include policies, and where appropriate, proposals for their
protection and enhancement.
10.2 Finalised Edinburgh City Local Plan, 2007
The following elements of the Local Plan relate to the World Heritage Site:
Para 2.3 of the Strategy Chapter (p.7)
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Underpinning its success, setting it apart from almost all other cities in the
world, is the quality and drama of its environment. In 1995, the centre of the
city, essentially the Old Town and New Town, was designated as a World
Heritage Site. There are many other designated areas of architectural, historic,
landscape and nature conservation interest, a large number of listed buildings,
archaeological sites and monuments. Also, with a population of less than
450,000, it is not a large city, and the accessibility of the surrounding hills,
countryside and coastal areas is part of its attraction, to residents and many of
its business leaders.
One of the Core Aims of the plan, as listed on page 10 is:
• To protect the built and natural heritage of the city and have special
regard for the impact of new development on the World Heritage Site
Para 4.4 (pp 34‐35)
The World Heritage Site:
Edinburgh’s historic core was added to the UNESCO list of World Heritage Sites
in 1995. The Edinburgh site covers the whole of the Old Town, the greater part
of the New Town and Dean Village and a lesser part of three other
conservation areas (Figure 4.1 below refers). Inclusion on the list is recognition
of a site’s ‘outstanding universal value’. No additional statutory controls result
from designation, but in agreeing to the designation, the World Heritage
Committee had to be satisfied that the site will be subject to control and
management mechanisms which will ensure the effective conservation of its
nominated cultural properties. Policies in the Local Plan are therefore the
principal means through which the tangible attributes of the World Heritage
Site – the special character of listed buildings, conservation areas, monuments,
archaeology, gardens and landscapes – are protected and if possible enhanced.
In addition, government guidance through SPP23 Planning and the Historic
Environment states that the impact of proposed new development upon a
World Heritage Site will be a key material consideration in determining
planning applications. Edinburgh World Heritage was established in 1999 with
specific responsibilities for the site, including the preparation of a management
plan. The current management plan was approved by the Council and Historic
Scotland in 2005. This contains an authoritative account of the site’s attributes
– its nominated cultural properties. If relevant, a reference to the
management plan should be made in the design statements required by Policy
Des 1.
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10.3 Non‐Statutory Guidelines – World Heritage Site Conservation
Manifesto
Objective: To assist in preserving the historic fabric of Edinburgh’s World
Heritage Site and to ensure that changes complement and enhance its special
character.
Policy Context: The Manifesto is supplementary to Central Edinburgh Local
Plan policies relating to conservation and design.
Scope of Guidance: The Manifesto applies to the World Heritage Site of
Central Edinburgh as defined on the map.
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Manifesto
The environment of central Edinburgh is one of exceptional interest with
unrivalled urban and landscape qualities which successfully incorporates all the
functions of a thriving capital city. The inscription of the Edinburgh Site on the
list of World Heritage Sites was based on the following UNESCO criteria:
exhibiting an important interchange of human values, over a span of time or
within a cultural area of the world, on developments in architecture or
technology, monumental arts, town planning or landscape design;
an outstanding example of a type of building or architectural or technological
ensemble which illustrates significant stages in human history.
The stated aim of inscription as a World Heritage Site is the “better protection
and safeguarding of World Heritage Sites ...so the immediate and obvious
benefit of international listing is to strengthen the hand of those who are
committed to their protection and enjoyment”. The conservation and
protection of the World Heritage Site are, therefore, the paramount issues in
terms of UNESCO’s criteria.
The conservation of the World Heritage Site is defined as those steps necessary
for its protection, conservation and restoration as well as its controlled
development and harmonious adaptation to contemporary life.
The significant features and qualities of the World Heritage Site include the
historic character of the Site and all those material elements which express this
character especially:
• the historic and planned development patterns of the Site;
• the physical appearance and attributes of the interior and exterior of
individual buildings. These include not only the main facade of a building,
but its construction features, proportions, and interior spaces. The main
characteristics to be preserved include its scale, materials, construction
features, size, style and ornamentation;
• the relationship between individual buildings and the surrounding
streetscape and landscape;
• the various functions that the Site has acquired over time. These functions
give it an overall ambience which create or define its special character.
Inscription as a World Heritage Site has no immediate consequences in terms
of statutory protection. However, World Heritage status highlights the
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outstanding international importance of the Site. The Council will, therefore,
regard the World Heritage status of the Site as a material consideration when
considering applications for planning permission and listed building consent.
The World Heritage Site will be actively protected against damage of all kinds,
particularly that resulting from unsuitable use, unnecessary additions and
insensitive changes such as will impair the authenticity of the Site. The
preservation of the historic fabric by beneficial use is a prime objective within
the World Heritage Site.
The organic plan form of the medieval Old Town and the clarity of the
geometrically planned neo‐classical New Town together with the outstanding
historic buildings are fundamental characteristics of the World Heritage Site.
All proposals affecting the plan form or historic buildings, including their
setting, will be considered for their impact on their design integrity.
The Council will ensure that all conservation work and new building
intervention carried out within the Site is to an appropriate internationally
acknowledged standard. The Venice Charter, which was adopted by ICOMOS
in 1965, sets down principles to guide the conservation and restoration of
historic buildings on an international basis. The Charter stresses:
• the importance of setting and respect for original fabric
• precise documentation of intervention
• the importance of contributions from all periods to the building
• the maintenance of historic buildings for socially useful purposes
The Charter outlines the basic tenets of what is now accepted to be an
appropriate approach to dealing in philosophical terms with historic buildings.
The general principles of the Venice Charter will be applied when dealing with
historic building issues within the World Heritage Site.
The Council will promote architectural quality and excellence and encourage
innovation, whilst enhancing the historic environment and preserving the
features which contribute to its character and visual cohesion.
The conservation and design objectives and policies detailed in the Central
Edinburgh Local Plan and the Conservation Strategy will be actively promoted
within the World Heritage Site. These will continue to recognise the
significance of the World Heritage Site.
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It is a UNESCO requirement that five yearly reports on the state of
conservation of World Heritage Sites should be submitted for their
consideration. In order to satisfy this requirement, a series of criteria will be
identified which will be used to establish a system which will allow change
within the World Heritage Site to be monitored and assessed.
Edinburgh: World Heritage City
The historic centre of Edinburgh, including the medieval Old Town and the
Georgian New Town, was inscribed on the United Nations Education, Scientific
and Cultural Organisation’s (UNESCO’s) List of World Heritage Sites in
December, 1995. This represents international recognition that the Site is of
outstanding universal value, and ranks Edinburgh in the same world status as
the Taj Mahal and the pyramids of Egypt. UNESCO’s operational guidelines for
the identification of World Heritage Sites recommend that historic urban
centres should only be included on the World Heritage List if they are of
exceptional interest. The inscription of central Edinburgh as a World Heritage
Site is, therefore, an outstanding accolade. There are 13 other World Heritage
Sites in the United Kingdom; St Kilda being the only other Scottish Site 1 and
Bath the only other urban centre (to date).
The formal UNESCO brief description of the Edinburgh World Heritage Site is as
follows: “Edinburgh, capital of Scotland since the 15th century, presents the
dual face of an old city dominated by a medieval fortress and a new neoclassical
city whose development from the 18th century onwards exerted a farreaching
influence on European urban planning. The harmonious juxtaposition
of these two highly contrasting historic areas, each containing many buildings
of great significance, is what gives the city its unique character”
The concept of World Heritage Sites is based on UNESCO’s 1972 Convention
for the World Cultural and Natural Heritage. The Convention noted that the
cultural and natural heritage were increasingly threatened by traditional
causes of decay, and by changing economic and social conditions. It
established the World Heritage Committee which was charged with compiling
a World Heritage List of properties and sites which were considered to be of
outstanding universal value. The List was intended to “ensure as far as
1
Note that since this Manifesto was published, Heart of Neolithic Orkney (1999), New Lanark (2001) and,
most recently, the Antonine Wall (2008), have been inscribed as World Heritage Sites in Scotland.
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possible, the identification, protection, conservation and presentation of the
World’s irreplaceable heritage”.
The City of Edinburgh Council, Edinburgh New Town Conservation Committee,
the Edinburgh Old Town Renewal Trust, Historic Scotland and Lothian and
Edinburgh Enterprise Limited are signatories to a Statement of Intent to work
together to conserve and enhance the World Heritage Site, and to ensure that
policies and actions in respect of the Site safeguard its outstanding universal
value. In 1999, the Edinburgh World Heritage Trust was established,
combining the responsibilities of the Edinburgh New Town Conservation
Committee and the Edinburgh Old Town Renewal Trust.
Reasoned Justification
It is the intention that the World Heritage Site Conservation Manifesto should
represent a statement of the Council’s commitment to the conservation and
protection of the World Heritage Site and the Council’s acceptance of its
responsibilities as guardian of a World Heritage Site. The Manifesto also
provides an opportunity for the Council to reassert its conservation objectives
and to consider the issues affecting Edinburgh’s historic core in a holistic
fashion.
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11. Case‐specific Briefings
11.1 Caltongate
The Caltongate Scheme proposes a mixed‐use development including housing,
offices, commercial space and a hotel, sited around a new public square with
related infrastructure.
The site lies on the north‐facing slope of the Old Town ridge within the
Canongate area of the city. The majority of the development area was formerly
the city bus garage, built in the mid‐twentieth century on the site of the former
gas works. In its earlier history it was garden ground backing onto residential
properties on Canongate, with some residential development on the lower
slope having followed the building of New Street, a mid‐eighteenth century
road running from Canongate into the valley.
The proposals follow the City of Edinburgh Council Caltongate Masterplan,
adopted as Supplementary Planning Guidance in 2006 after extensive public
consultation and discussion, in which Historic Scotland, Edinburgh World
Heritage and community groups were represented. The uses proposed, spatial
pattern of development, height and form of the new buildings are in line with
the Masterplan, which was itself drafted to conform to the Waverley Valley
Planning Strategy, dating from 1989, which sets out appropriate heights to
preserve and enhance the contours of the valley that separates the Old Town
from Calton Hill.
Most of the development site is currently cleared ground. The development
will also require the demolition of some existing buildings, and the partial
demolition of others. Retention of the existing elevations to Canongate, and
the introduction of a traditional pended entrance to the new square, will
preserve the sense of enclosure within the line of the High Street, an identified
OUV of the WHS. Proposed demolition of the Category ‘C’ (S) listed former
Canongate School, and partial demolition of the Category ‘C’ (S) listed Old
Sailors Ark building, have been justified against the criteria set out in Historic
Scotland’s Memorandum of Guidance.
At a hearing in February 2008 deputations from interested groups were heard
before the City Council Development Management Sub Committee took their
decision. Being minded to grant consent, the applications were required to be
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eferred to Scottish Ministers. They cleared the final applications back to City
of Edinburgh Council in early October, and consents for the development will
be issued to the developers following the signing of related legal agreements.
11.2 Haymarket
Mixed use development proposals including offices, two hotels and retail space
proposed for former railway lands outside the World Heritage Site, on its
western boundary. The site lies over the principal railway tunnels linking
Haymarket Station to Edinburgh Waverley Station, and their presence has had
a major influence on the development of the current proposals due to
construction challenges.
In line with the railway tunnels, and linking Haymarket Station to Morrison
Street, will be a new open pedestrian street. The focus of the proposed
development, to the N of this route, is a landmark hotel, 16 storeys high,
designed by the acclaimed Edinburgh‐based architect Richard Murphy. Other
elements of the scheme are lower, and aim to address the existing urban
character, including the small‐scale Dalry Colonies to the SW.
The site benefits, in part, from detailed planning permission for a mixed use
development of offices and retail. This was granted after a public local inquiry
in 2005.
The current proposals include a generous element of public open space, and
the relationship to the listed colonies housing adjacent represents a significant
improvement over the consented scheme. The scale, massing and design of
the majority of the buildings have been carefully considered to create a
character to the development which also respects its context. The 16 storey 5‐
star hotel will create a landmark building which is designed to make a positive
contribution to the city skyline and mark this important interchange location.
The proposals were assessed in relation to the Council’s Skyline Report:
Protection of Key Views, which establishes principles and guidelines for any
development potentially impacting on the city skyline and key views. Whilst
the tall building does have an impact on some of the key views of St Mary's
Cathedral spires, the quality of the architecture and design allows this building
to compliment the City's skyline. The inclusion of a tall landmark building was
considered justified given the location of the site and the context of the future
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plans for the wider Haymarket area. The hotel will act as a gateway to the city
centre from the west, as a prominent and distinctive marker for the exciting
and evolving transport interchange, and for the new wider Haymarket space
The Council indicated it was minded to grant planning permission in June this
year. The application was the subject of an Environmental Impact Assessment
and is on land formerly owned by the City Council; as such it required to be
notified to Scottish Ministers. It is still under consideration by Ministers.
11.3 The St James Centre
The existing St James Shopping Centre, New St Andrew’s House and St James
Thistle Hotel, constructed 1965‐75, was noted as a negative element within the
World Heritage Site at the time of inscription.
Located at the eastern end of the First New Town, and prominently sited on
the highest point of the ridge that forms the ‘spine’ of that area, the existing St
James Centre has a negative impact on numerous important views in the city
centre, particularly from the north, but also from the south on the important
axis of the Bridges, and from the west where it is seen at the visual termination
of George Street. It is an alien element in the existing city, particularly in terms
of design and materials.
A brief, St James Quarter Development Brief, was prepared by the Council in
collaboration with Henderson Global Investors (HGI), the owners of the
shopping centre and adjoining office and hotel complex. Its approval by the
Council as supplementary planning guidance in April 2007 followed extensive
public engagement and consultation exercises both before and after the
preparation of the draft development brief, including:
• discussion with key heritage and conservation bodies, including Historic
Scotland, Edinburgh World Heritage Trust and the Cockburn Association;
• workshops with stakeholders, including community groups, local
businesses and residents;
• a manned exhibition within the shopping centre; and
• a questionnaire, which sought views on development options.
The brief promotes a comprehensive approach to the redevelopment of the
shopping centre, offices and the wider area. The document sets out clearly the
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planning policy context within which future decisions will be taken on planning
applications, including, in addition to the development plan, the Council’s
guidance on the protection of key views in the City and the Edinburgh World
Heritage Site Management Plan.
The brief also establishes a set of development principles to guide HGI in the
development of its proposals. These are grouped under the following
headings:
• to establish a retail‐led mixed use urban quarter;
• to enhance movement and access to and within the St James Quarter;
• to place sustainability at the core of the future redevelopment
proposals;
• to respect and enhance the skyline and key views; and,
• to create a clearly recognisable sense of place and strong identity for the
Quarter that links to the surrounding areas.
Following the approval of the development brief, the Council embarked upon a
second series of workshops and meetings with HGI to advise on specific
matters, including design development, transport issues, and the planning
application process.
An outline planning application was submitted to the City Council, as local
planning authority, on 19 th September 2008. This seeks to establish
acceptance of the proposals in principle, define the mix and quantum of land
uses, and the principal points of vehicular access and egress. Reserved Matters
applications proposing an architectural treatment will follow in due course.
The Council is presently assessing the proposals of the application and awaits a
number of consultation responses from statutory consultees.
11.4 Leith Docks
Redevelopment proposals for a 190‐hectare site of largely active docks at Leith,
approximately 2 miles outside the WHS. The Leith Docks site contains both
Listed Buildings and Scheduled Monuments, which the Leith Docks
Development Framework (LDDF) commits to retain.
The LDDF was approved by the City of Edinburgh Council as Supplementary
Planning Guidance in February 2005. This sets out the main development
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principles for the redevelopment of Leith Docks with regard to principles on:
access; mixed use; urban grain and public realm; development heights; car
parking; landscape structure; and the protection of key views and vistas.
In 2007 an outline planning application, the largest ever in Edinburgh, was
submitted for the entire site. This divides the docks into 9 separate village
areas which will be the subject of a series of masterplans at detailed design
and planning permission stage. CEC have recently considered the application
and are minded to grant planning permission subject to the applicant being
first referred to Scottish Ministers.
The application must be referred to Ministers for the following reasons: it is an
Environmental Impact Assessment development; the Health and Safety
Executive had advised against the granting of planning permission; and it is
contrary to the adopted North East Edinburgh Local Plan which promotes Leith
Docks for largely industrial uses.
Although the application is contrary to this aspect of the adopted Local Plan,
the application is compliant with a range of other material considerations
including the more up to‐date Finalised Edinburgh City Plan and the LDDF. In
the circumstances, CEC are satisfied that the policy context entirely justifies
the proposed departure from the development plan. Indicative proposals take
account of key views back into the World Heritage Site.
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