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Planning shapes the places where people live and

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					                                           Institute of Historic Building Conservation
                               Report to Council by the Consultant Consultations Co-ordinator



1. There has been a considerable adverse reaction from to the proposed PPS, some reasonably justified and some not. Some of
this wants more integration with mainstream planning agendas and some is asking for more absolute protection of heritage as a
cultural resource.
2. It is important to recognise that the PPS is not a general synopsis of the role of heritage in planning. It is specific advice to
local authorities on the policy implications of their specific duties as LPAs under the Planning Acts.
3. It seems to me that it is likely that PPS15 will be issued in something like the draft form and that complaints about its form
and overall approach and content are likely to be disregarded.
4. It follows that, to be influential, we must be very specific about its failings and about what suitably succinct forms of words
are necessary to make a workable document.
5. Like it or not, the PPS will not contain any Guidance. The linkages into appropriate Guidance are therefore crucial. The
current draft Guidance is pretty effete and hard to comment on until our thoughts on the PPS itself are firmer. Actually, I have
had very little comment from members on the Guidance. There is a lot of good guidance out there. Linkages into it, and a
commitment to fill gaps, are essential. Most sought after is usable “ready reckoner” guidance (as Dave Burton-Pye put it) to
replace Annex C.
6. I hope the undergoing is a useful start. The proposed alterations are not “tracked” in a Microsoft sense so don't be surprised
if you can't make this work. If you want to make further suggested changes, please do not use tracking. This usually gets in a
muddle in my experience. Please just add suggestions in the appropriate place thus [suggestion-suggestion-suggestion].
7. I have not yet attempted the formal questions. These can follow (although some of them defy coherent answering) when we
have consolidated our position.


James Caird
18/09/09
ANNEX A: Planning for the Historic Environment


This column is used to reproduce the text of PPS15 with            This column is used to set out IHBC concerns.
its footnotes.
                                                                   Many issues have been raised by colleagues in the broad terms
Proposed amendments to wording are shown by                        of “...the PPS says little or nothing about...”. Many of these are
 omissions struck through                                         strictly not entirely true, although there are many places where
                                                                   the appropriate balance may not have been reached, and there
 additions in red
                                                                   are some fundamental problems that need to be addressed.
 existing footnotes have been retained with proposed new
   footnotes (and some references to unresolved matters) in        Generally, the issues that have been raised are dealt with in this
   red                                                             column opposite where the issue is dealt with in the PPS.
                                                                   Please use the “find” tool to quickly locate aspects you are
Please remember the underlying objective of the PPS:               interested in.
 It is a policy document for the planning system as devolved
                                                                   Apart from the headline issues, concerns are dealt with opposite
    to LPAs
                                                                   the place in the text that they refer to. In my commentary I
 It has to follow the principles adopted for the whole suite of   have used terms like “strong” and “weak”. We probably need to
    PPSs                                                           omit these in the final submission so as not to arouse adverse
 It is deliberately short: what is said will be said succinctly   reactions.
    and once
                                                                   It is hoped by addressing the PPS in this way we may influence
 It presumes guidance will be issued on relevant topics.          the outcome satisfactorily.
                                                                   Merely panning the PPS, or commenting in a way that implies
                                                                   that a complete re-write is needed, is unlikely to be influential.
                                                                   I have not attributed to individuals issues raised as many
                                                                   members have had thoughts on similar lines and it would be
                                                                   overly complex to do so. Nevertheless, thanks are due to many
                                                                   of you who contributed.
                                                                   The principal issues are:
                                                                      the need to use terminology that is compatible with the
                                                                       primary legislation.
                                                                      the reinforcement of heritage as a prime component of
                                                                       sustainability.
                                                                                                             stronger connexion with other planning objectives, such as
                                                                                                              place-making, regeneration and community development.
                                                                                                             the need to avoid heritage being seen as an obstruction to
                                                                                                              climate change mitigation.
                                                                                                             the need for clear direction to detailed best practice
                                                                                                              guidance on the full range of heritage topics.




INTRODUCTION                                                                                            COMMENTARY

1. Planning policy statements (PPS) set out the Government‟s                                            The reference to Guidance is too limited. LPAs and developers
national policies on different aspects of planning in England.                                          need rapid access to appropriate detailed guidance. A full list of
This PPS sets out planning policies on the conservation and                                             this should be given in an Annex. Alternatively a reference
enhancement of the historic environment through the planning                                            might be made to a full list in the EH Guidance document.
system. These policies complement, but do not replace or                                                Either way, clarity is required.
override, other national planning policies and should be read in
                                                                                                        Hence the suggested footnote.
conjunction with other relevant statements of national planning
policy1. This PPS replaces Planning Policy Guidance Note 15:
Planning and the Historic Environment published in September
1994 and Planning Policy Guidance Note 16: Archaeology and
Planning published in November 1990. Guidance to help
practitioners implement this policy is provided in the Historic
Environment practice guidance2,3.

2.    The policies set out in this PPS should be taken into       This statement is fine up to a point presupposing:
account by regional planning bodies in the preparation of          LPAs all have up-to-date LDFs.
revisions to regional spatial strategies4, by the Mayor of London
                                                                   Enforcement issues are dealt with adequately in an update

1   They are consistent with our obligations as a signatory to the Council of Europe‟s „Granada‟ Convention (The Convention for the Protection of the Architectural Heritage of Europe), „Valetta‟ Convention
    (The European Convention on the Protection of the Archaeological Heritage), the „Florence‟ Convention (The European Landscape Convention) and the 1972 UNESCO World Heritage Convention.
2   See www.english-heritage.org.uk/PPS
3   Details of best practice guidance on a range of heritage topics is set out in Annex 2.
4   Following enactment of the Local Democracy, Economic Development and Construction Bill, the responsible regional authorities will be responsible for revision of regional strategy, which will replace the
    RSS; for reference see footnote 6.
in relation to the spatial development strategy for London, and     PPS18.
by local planning authorities in the preparation of local       In reality:
development documents. The policies in the final PPS may also
                                                                 it will be many years before all LDFs are fully adopted.
be material, depending on the particular circumstances of the
case, to decisions on individual planning applications5.         most LPAs have not been allowed.
                                                                This means that the PPS must provide robust heritage policy
                                                                (and reference to the full range of best practice in its
                                                                implementation).

                                                                                                       Specific aspects needing guidance are:
                                                                                                          ecclesiastical exemption
                                                                                                          enforcement (including repairs and compulsory purchase)
                                                                                                          Annex C (a ready reckoner for detailed approach to listed
                                                                                                           building alterations and additions)
                                                                                                        listing criteria
                                                                                                        historic characterisation
                                                                                                        article 4 directions
                                                                                                        Conservation area appraisal and management
                                                                                                        enabling development
                                                                                                        highways
                                                                                                       Many/most of these exist and merely need to be adequately
                                                                                                       signposted.

3.   The policies and principles set out in this statement also    Enforcement is intended to be dealt with in an enforcement
apply to the consideration of the historic environment in relation PPS: hence the footnote.
to the other heritage-related consent regimes for which
planning authorities are responsible6.

4.    Those parts of the historic environment that have                                                PPS15 has a serious shortcoming of terminology which was
significance because of their historic, archaeological,                                                introduced to complement the beached, shelved or abandoned


5   This will particularly apply where LPAs have incomplete LDFs and lack saved local development plan heritage policies.
6   Policy on the enforcement of planning control, including listed building and other heritage consents, compulsory purchase and other protective measures is set out in [PPS18].
architectural or artistic interest are called heritage assets. Some   Heritage Protection Bill.
heritage assets have a level of interest that justifies official
                                                                      The problem is that decisions on planning and related
designation (see Annex 1) and particular procedures apply to
                                                                      applications must be taken having regard to the “desirability of
development decisions that involve them. This statement also
                                                                      preserving the listed building or its setting or any features of
covers heritage assets that are not currently designated or are
                                                                      special architectural or historic interest which it possesses”, in
not capable of designation under current heritage protection
                                                                      the case of conservation areas having “regard to the desirability
legislation, but which have a level of interest which should be
                                                                      of preserving or enhancing the character or appearance of that
conserved and, where appropriate, enhanced7.
                                                                      area”, and in the case of scheduled monuments having “regard
                                                                      to the desirability of preserving the scheduled monument or its
                                                                      setting”.
                                                                      It is very unclear how the terminology of the PPS (specifically
                                                                      “heritage asset” and “significance”) can be brought into line
                                                                      with these duties. If “heritage asset” is defined as having
                                                                      “historic, archaeological, architectural or artistic interest” how
                                                                      can the evaluation of the significance of the asset be said to
                                                                      equate to “having regard to the desirability of preserving or
                                                                      enhancing features of special architectural or historic interest”
                                                                      only?
                                                                      Clearer definitions are imperative, root and branch
                                                                      consideration by planning lawyers desirable.




THE GOVERNMENT’S OBJECTIVES

5.   The Government‟s broad aim is that the historic                  A clear distinction has been made between active policy and
environment, and heritage assets in particular, should be             objectives. Both are equally important.
conserved, enhanced and enjoyed for the quality of life they
                                                                      Here is the first reference to conservation (“conserved”), and by
bring to this and future generations. To help achieve this vision,
                                                                      reference to the definition of “conservation” in Annex 1 to
the Government‟s objectives for planning for the historic
                                                                      preservation.
environment are:


7   The glossary at Annex 1 describes these terms in more detail.
                                                                    The words “aim” and “vision” are both used here under the
                                                                    heading of “objective”. This implies them to be roughly
                                                                    synonymous.
   to treat heritage protection as a fundamental component of      This is the first reference to heritage as a component of
    sustainability and apply the principles of sustainable          sustainable development. It could be stronger and an amended
    development to proposals involving the historic                 wording is suggested.
    environment, by ensuring that policies and decisions
    concerning the development and use of land take account of      The examples only serve to skew the breadth of the concept.
    the positive benefits of conserving and, where appropriate,     They should be omitted.
    enhancing heritage assets (such as encouraging sustainable
    tourism to support economic growth or re-using existing
    heritage assets for example as part of regeneration )
   to conserve and, where appropriate, enhance England‟s
    heritage assets in a manner appropriate to their significance
    by ensuring that:
       decisions are based on an understanding of the nature,
       extent and level of that significance
       wherever possible, heritage assets are put to an             Appropriate uses for heritage assets.
       appropriate and viable use that is consistent with their
       conservation
       that the positive contribution of such assets to local       Heritage assets as a building block for place-making.
       character and sense of place is recognised and valued
       and
       that treatment of the historic environment is integrated     Heritage assets as a building block for place-making.
       into general planning policies, promoting place-making.
   to contribute to our knowledge and understanding of our           Reference to the preservation of heritage resources is needed.
    past by ensuring that opportunities to preserve and capture Not sure I've got the wording right.
    evidence from the historic environment and make this
    publicly available are taken, particularly if a heritage asset is
    to be lost.
PLAN MAKING POLICIES


Policy HE1. Evidence base for plan-making

HE1.1       Regional and local planning authorities should ensure                                       This is a commitment to the maintenance of HERs as well as the
that they have evidence about the historic environment, and                                             adequacy (or appropriateness) of the information base for plan-
heritage assets in particular, in their area and that this is                                           making. We may feel it needs strengthening because criticism
publicly documented. The evidence should be proportionate and                                           might be levied at a DC where a CC is not maintaining an
sufficient to inform adequately the relevant planning process8.                                         adequate record.
Local planning authorities should ensure that they either
                                                                                                        There are issues here for:
maintain or have access to a historic environment record.9
                                                                                                         the obtaining, storage and use of material under policies
                                                                                                           HE7, HE8 and HE13.
                                                                                                         reality of many HERs being partial, out-of-date and less
                                                                                                           than readily accessible particularly in electronic format.
                                                                                                         potential very great resource implications if HERs are to be
                                                                                                           brought up to standard in other than long timescales.
                                                                                                        Suggestions?

HE1.2      This evidence, in particular that contained in relevant This could make a better case for place-making. The
historic environment records, should be used to assess the          amendments are suggested.
extent, significance and condition of known heritage assets and
the contribution that they may make to future development in
the area the contribution that they could make to the sense of
place in future developments. It should also be used to help
predict the likelihood that new previously unrecognised heritage
assets, particularly sites of historic and archaeological interest,


8   This sentence is very vague. There needs to be much more clarity about what is actually required
9   All local planning authorities currently maintain or have access to a historic environment record (HER) providing coverage of their area. Most HERs are hosted by unitary/upper tier local authorities and
    National Park Authorities – and in Greater London, by English Heritage. Details can be found at http://www.heritagegateway.org.uk/Gateway/CHR
will be discovered, including through the development process.

HE1.3     Where planning bodies are addressing the                                                    This is a reference to the concept of heritage assets as a
conservation of the historic environment they need to consider                                        resource. But it doesn't say that potential heritage assets
both known heritage assets and areas where there is a potential                                       (specifically archaeology) should be preserved until they have
for such assets to be discovered. Potential areas of heritage                                         been evaluated.
assets should remain undisturbed until evaluated.

Policy HE2: Regional planning approach

HE2.1      The character and significance of the historic         This is a reference to landscape characterisation. This needs
environment in a region should inform the regional spatial        also to be applied to Policy HE3.
strategy (RSS)10 with particular attention paid to the landscapes
and groupings or types of heritage assets that give distinctive
identity to a region or areas within it11.

HE2.2      The RSS should ensure a consistent approach across                                         RSSs need to recognise sub-regional differences including both
the region to the conservation, enhancement and enjoyment of                                          rural and urban morphologies.
the historic environment recognising that within a region there
can be a wide range of heritage types and characteristics.

HE2.3      In determining its strategy, the regional planning                                         This refers to the right things; regeneration, place-making etc.
body should take full account of the positive contribution that                                       but the balance may need addressing.
the historic environment can have for regeneration, encouraging
                                                                                                      In particular there is concern about the last sentence which
tourism, and enhancing the quality of the environment and the
                                                                                                      could be detrimental to heritage assets in supposedly
region‟s sense of place, alongside other objectives such as
                                                                                                      unsustainable locations.
economic growth and housing supply. Their approach should be
consistent with securing progress against the UK‟s carbon                                             On the other hand, at regional level not much damage could be
emissions targets12.                                                                                  done by this.




10 References in this paragraph to the regional spatial strategy should be taken to refer to the regional strategy once the Local Democracy, Economic Development and Construction Bill is enacted and
   brought into force. The latest version of the Bill can be found at http://services.parliament.uk.bills/
11 Historic characterisation provides a useful approach for assimilating this information. This should also be used at local level under Policy HE3.
12 Need to avoid an urban bias: reword? Or omit?
Policy HE3: Local planning approach

HE3.1      Having assessed the evidence, local planning                             Conservation first, but other things mentioned. Reference to
authorities should, where appropriate, set out a positive,                          place-making.
proactive, strategy for the conservation, enhancement,
                                                                                    Where appropriate is unnecessary (when would this be
management and enjoyment of the historic environment in their
                                                                                    inappropriate?)
area. They should particularly focus on the local distinctiveness
of the historic environment and how this can be used to                             Management needs to be added to the list of issues.
promote a sense of place13. They should include consideration of
how best to conserve individual, groups or types of heritage
assets that are most at risk of loss through neglect, decay or
other pressures (See also policy HE6.1).

HE3.2     Within the plan-making process, the historic                              Need to get in wider sustainability and regeneration issues here.
environment should be seen as a positive contributor to
                                                                                    Larger developments such as housing should be referred to.
regeneration and sustainable development and a stimulus to
inspire new buildings and larger developments of imaginative                        Conservation areas are required to be preserved and enhanced.
and high quality design that respect and harmonise with
respond and refer to their their setting and help to preserve or
enhance the appearance and character of an area.

Policy HE4: Heritage assets and sustainable
development

HE4.1     The continued use of heritage assets can contributes                      This is the headline statement about the contribution of heritage
to sustainable development. Keeping assets in use reduces the                       to sustainability.
consumption of building materials and energy and reduces
                                                                                    Perhaps “can” could be strengthened. Omitting it would do this.
waste.

HE4.2     Local planning authorities should contribute to                           The important issues here are
mitigating, or adapting to, the effects of climate change when                      
devising policies and making decisions relating to heritage
assets by seeking to reuse and, where appropriate, modify                           


13 LPAs have a duty to consider whether to designate areas as conservation areas.
heritage assets so as to reduce CO2 emissions and secure
sustainable development. While there may be occasions when
climate change objectives conflict with conservation of heritage
assets there will normally be opportunities for enhanced energy
efficiency, improved resilience to weather, greater use of
renewable energy, or sustainable drainage and use of water,
that will make a contribution without such conflict arising the
significance of the heritage asset being diminished14.

Policy HE5: Permitted development and article 4
directions

HE5.1      Local planning authorities should consider whether       This implies that it is acceptable to have an article 4 direction
allowing the exercise of permitted development rights would         applying generally in an LPA's area. Is this intended?
undermine the aims for the historic environment within the
development plan or the general aims of conservation and
enhancement set out in this planning policy statement. If so,
they should consider the use of an article 4 direction for a single
heritage asset, class of heritage assets or an area to limit the
extent of such development15.

Policy HE6: Monitoring indicators

HE6.1      Local planning authorities should consider how they                                       This policy needs to refer to the wider panoply of possible
can best proactively monitor the impact of their planning                                            interventions.
policies and decisions on the historic environment. They should
                                                                                                     It is not clear that the costs associated with this Policy are
pay particular attention to the degree to which groups of
                                                                                                     covered in the impact statement at Annex B, although little
heritage assets and individual heritage assets are at risk of loss
                                                                                                     additional cost is caused by this specific Policy.
or decay, how they expect this will change over time, and how
they propose to respond. Consideration should be given in their
Annual Monitoring Report to their statutory duties16 and to


14 Part L of the Building Regulations provides a procedure for determining appropriate levels of
15 Refer to specific guidance
16 The local planning authority has a duty to consider conservation area designation and proposals for enhancement pursuant to ss69 and ??? of the Planning (Listed Buildings and Conservation Areas) Act
   1990.
buildings and areas at risk and the use of compulsory purchase
and repairs powers17.



DEVELOPMENT MANAGEMENT PROCESS

Policy HE7: Pre-application discussions and
assessment

HE7.1      PPS118 says that local planning authorities and                                   This is in line with the advice on pre-application advice
applicants should consider the benefits of early engagement in                               generally.
pre-application discussions. Early engagement is particularly
beneficial for applications with the potential to impact on
heritage assets or their setting: understanding the significance
of affected heritage assets is key to successful design (design
that uses the advantages of the asset‟s interest, whilst
conserving its significance). The more the applicant and the
local planning authority explore and understand that
significance before designs are drawn up, the greater the
chances of a successful application.

HE7.2      Where a development site includes heritage assets                                 This Policy is pretty much current policy.
with an archaeological interest, local planning authorities should
                                                                                             A potential problem arises from the last sentence. If planning
require developers to carry out appropriate desk-based or field
                                                                                             permission is refused, developers will not wish to see their
evaluations as part of any application for consent. They should
                                                                                             studies used by others in pursuit of alternative proposals. A
refer to the results of these evaluations when determining the
                                                                                             modification is indicated.
design of the proposed development. A copy of the outcomes of
such evaluations should be deposited in the relevant historic
environment record once the development is commenced or
abandoned.

HE7.3          A heritage asset can be better conserved and the                              This seems sound, but the final sentence is important to guard


17 Refer to specific guidance
18 Planning Policy Statement 1: Delivering Sustainable Development (ODPM 2005) p4 para 12.
burden of the consent process lessened or even removed if         against changes of mind following site evaluation or intervention
through the use of pre-application discussions an owner and the by EH.
local planning authority can agree the nature and extent of the
significance of the asset. There is no obligation on either party
to do so but the benefits should be considered by both parties.

Policy HE8: Information requirements for validation of
applications for consent affecting heritage assets

HE8.1      Local planning authorities should require the applicant There is no mention of Design and Access Statements which are
to provide a description of the significance of the heritage       the proper vehicle for assessing response to context.
assets affected and the contribution of their setting to that
significance. This is best done in the Design and Access
Statement and should set out the information that has been
considered and the expertise that has been consulted. As a
minimum the relevant historic environment record should have
been consulted and the assets themselves should have been
assessed19.

HE8.2      Local planning authorities should consider the                                             Design and Access Statements should also report on the
evidence provided by that description alongside the outcome of                                        outcome of any consultation undertaken by the developer.
any consultation with the local community and expert advice
                                                                                                      Not sure whether this needs to be stated here.
from professional experts and/or statutory consultees as
required. (This should include the results of any desk-based or
field evaluations undertaken by the developer as set out in
HE7.2 above.)

HE8.3      Local planning authorities should not validate                                             This implies that the normal process of validation, by clerical
applications for consent where the extent of the impact of the                                        staff, is inadequate. It also implies that all the necessary
proposed development on the significance of any heritage                                              information is available. Not all HERs will provide this. Need it
assets or its setting affected cannot be fully understood from                                        be more specific? A footnote is suggested.
the application and supporting documents20.

19 Advice on the scope of heritage statements is included in CLG‟s guidance on the validation of planning applications, available at
   http://www.communities.gov.uk/publications/planningandbuilding/validationplanningapplications.
   At the time of publication (summer 09) this guidance was likely to be updated; please ensure you refer to the most up-to-date version.
20 The adequacy of the submitted information should be assessed by a suitably qualified person.
Policy HE9: Policy principles guiding the determination
of applications for development relating to all heritage
assets

HE9.0      In determining individual applications, local planning This re-ordering and amendment is suggested. It is important
authorities should take into account the desirability of             to have this fundamental statement about principles first and to
enhancing the significance of heritage assets, securing their        ensure that the requirements of the legislation are reflected.
conservation for the longer term and utilising their positive role
in place-making.
In particular they must:
 when deciding an application for development consent which
    affects a listed building or its setting, the decision-maker
    must have regard to the desirability of preserving the listed
    building or its setting or any features of special architectural
    or historic interest which it possesses.
 when deciding an application for development consent in a
    conservation area, the decision maker must have regard to
    the desirability of preserving or enhancing the character or
    appearance of that area.
 when deciding an application for development consent which
    affects or is likely to affect a scheduled monument or its
    setting, the decision-maker must have regard to the
    desirability of preserving the scheduled monument or its
    setting.

HE9.1     In considering applications21 local planning authorities                                   The meaning of the last sentence is not clear. It is vague but
should seek to identify and assess the significance of any                                           could be taken to mean that proposals have some kind of
element of the historic environment that may be affected by the                                      precedence over significance. “Understanding” a conflict of
relevant development (including development within the setting                                       interest does not resolve it. It isn't really needed as the
of an asset) drawing on the evidence provided by any relevant                                        balancing of these issues is an intrinsic part of the process.
designation records, the relevant historic environment record,
                                                                                                     Omission is suggested.
the heritage assets themselves and the outcome of

21 This may relate to an application for planning permission, Listed Building Consent, Conservation Area Consent or any other necessary consent for development.
consultations with interested parties and specialist advice. In
considering the significance of a heritage asset, local planning
authorities should take into account the particular nature of the
interest in the asset and the value that it holds for this and
future generations. This understanding should be used to avoid
or minimise conflict between conservation of that significance
and proposals for development.

HE9.2      Local planning authorities should use appropriately   Distinction may need to be made about the skill sets required
qualified expert advice to inform decision-making relating to    (e.g. building conservation, archaeology). Does “appropriate”
heritage assets where the need to understand the significance    cover this adequately? The amendment is suggested.
of the heritage asset demands it. This may be from in-house
experts, experts available through agreement with other
authorities, or consultants, complemented by specialist national
organisations and local amenity societies.

HE9.3       Local planning authorities should particularly seek the
views of the local community where the evidence suggests that
the asset may have a historic, archaeological, architectural or
artistic significance to the local community that may not be fully
understood from records or statutory consultees alone22.

[HE9.4     In determining individual applications, local planning                                       “Take into account” is weak compared to the statutory “have
authorities should take into account have special regard to the                                         special regard”. This needs a major rewording to bring it into
desirability of enhancing the significance of heritage assets,                                          line with statutory duties.
securing their conservation for the longer term and utilising
                                                                                                        A compromise with footnote is suggested.
their positive role in place-making23.] (see possible alternative
at HE9.0)                                                                                               Alternatively, as this is a core Policy, perhaps it should appear
                                                                                                        as HE9.1 and use the full forms of words required by statute.
                                                                                                        This is shown as an alternative at HE9.0

HE9.5      Where development proposals that are promoted for                                            This Policy is unacceptable. It implies, in combination with
their contribution to mitigating climate change have a                                                  Policies 9.7 and 9.8, that,where no similar mitigation is possible,

22 Annex 1 provides an explanation of the different types of significance a heritage asset may have.
23 The wording in Policy 9.4 is intended to be a short policy paraphrase of the various statutory obligations on decision makers. Statutory decisions on applications for the various types of heritage
   consent must be made in accordance with the forms of words used in the statutes.
potentially negative effect on heritage assets, local planning       heritage assets are secondary and sacrificial. It also implies
authorities should, prior to determination, and ideally during       that similarity of outcome is possible regardless of the nature of
pre-application discussions, help the applicant to identify          the proposal.
feasible solutions that deliver similar alternative climate change
                                                                     An amendment is suggested.
mitigation but without less harming to the significance of
heritage assets and their setting.

HE9.6      Local planning authorities should aim to ensure that, The form is weak. It doesn't need both “aim” and “where
where reasonably practicable, new developments are designed reasonably practicable”. With the proposed deletion the
in a way that respects their setting and reinforces the           wording is much stronger.
distinctiveness of heritage assets they stand alongside, in terms
of scale, height, massing, alignment, and use of materials. In
doing so, local planning authorities should, in line with PPS 1,
take care to avoid stifling innovation and undermining
investment in sustainable development.

HE9.7 Where a development proposal has a negative impact on          This Policy is unacceptable because it doesn't recognise that
the significance of a heritage asset, through alteration or          heritage protection is itself a public benefit. The addition of the
destruction, or through development within its setting, the local    word “other” removes this to an extent. The qualification of this
planning authority should weigh the other public benefits of the     principle comes in HE9.8 and is maybe the better place to
proposed development against any harm it has on the heritage         introduce strength. The Guidance says that that in finely
asset, recognising that the greater the harm to the significance     balanced cases the outcome should favour retention. This is not
of a heritage asset the greater the justification will be needed     stated here and should be added to HE9.8(iii).
for any loss.

HE9.8    Local planning authorities should not accept material This qualifies HE9.7.
harm to or removal of significance in relation to a heritage asset
unless:
   (i)           the harm or partial removal is necessary in          This is quite well worded.
   order to sustain the asset in its original use or, if the original
   use is not possible, some other sustainable use that
   conserves the asset
   (ii)           the heritage asset impedes all reasonable        Medium term is a weak and undefined term. Long-term would
   uses of the site, there is clear evidence that no viable use of be better. The word “site” is inappropriate on its own as it
      the asset or its site24 can be found in the medium long term implies that sites containing assets have to have viability
      that will enable the retention of the asset‟s significance, and ignoring the presence of the asset. Marketing to test viability is
      conservation through grant-funding or some form of              best practice, hence the proposed footnote.
      charitable or public ownership is not possible or
      (iii)          it can be demonstrated that the material harm   This is unacceptable. Mitigating climate change is a very broad
      to or removal of significance is heavily outweighed by the     and open-ended expression. This should not imply a policy
      wider social, economic and environmental benefits, including   precedence for climate change (or any other) issues. The
      mitigating climate change, that will be delivered by the       addition of the word “heavily” would temper the balance but a
      proposed development.                                          complete rewording might be needed.

HE9.9      Where there has been any deliberate neglect of the        This is a useful Policy borrowed from the arrangements for
heritage asset in the hope of obtaining consent, local planning      Compulsory Purchase compensation.
authorities should disregard any deterioration resulting from
such neglect when determining consent.

HE9.10 Where loss of significance is justified on the merits of The addition is needed to protect against opportunistic
new development, local planning authorities should make every demolition in a conservation area.
effort to satisfy themselves of the likelihood that the proposed
new development will proceed before approving the application
and should apply a condition to the approval requiring the loss
of significance to occur only in the full implementation of the
development.

Policy HE10: Additional policy principles guiding the
consideration of applications for development related to
designated heritage assets

HE10.1 Once lost, listed buildings and other heritage assets       This is a basic principle which is immediately undermined by the
cannot be replaced. Local planning authorities should be guided wording Of HE10.2. It would be useful to strengthen the whole
by the principle that the more significant the heritage asset, the suite of Policy here by retaining words from PPG15.
greater the presumption in favour of its conservation.




24 See also Policy HE10.3
HE10.2 Material loss of heritage assets of the highest                                               This appears to downgrade the majority of heritage assets.
significance, including scheduled ancient monuments25,                                               Combined with Policy HE10.1, it places heritage assets in two
protected wreck sites, battlefields, grade I and II* listed                                          distinct divisions in which material loss is “wholly exceptional”
buildings and registered parks and gardens, should be wholly                                         and, presumably “not wholly exceptional”. This is The addition
exceptional. Material loss of any other heritage asset should                                        is intended to provide a gauge to the hierarchy of significance to
not be permitted without careful exploration of alternative                                          ensure that “special regard” is given in all cases. Policy HE10.4
proposals to ensure retention26.                                                                     is the essential safeguard that allows new development in
                                                                                                     conservation areas and other cases of heritage asset in which
                                                                                                     there may not be uniform significance or quality.

HE10.3 Local planning authorities considering applications for This is useful explanation.
development related to designated heritage assets should be
particularly alert to policy 9.8(ii) which sets out the requirement
for evidence that alternative ownership or uses for the asset
have been explored. To be confident that no appropriate and
viable use of the asset can be found, local planning authorities
should require evidence that other potential owners or users of
the site have been sought through appropriate marketing and
that reasonable endeavours have been made to seek grant
funding for the asset‟s conservation and to find charitable or
public authorities who may be willing to take on the asset.

HE10.4 In considering the significance of heritage assets local This is important and well worded as it is it place where we find
planning authorities should bear in mind that not all elements of protection for unlisted buildings of significance in conservation
a World Heritage Site or Conservation Area will necessarily       areas...
contribute to its significance. Those elements that do contribute
to the significance should be considered as designated assets in
themselves (whether subject to separate statutory designation
or not). When considering applications for development, local
planning authorities should take into account the significance of
such individual elements and their contribution to the
significance of the World Heritage Site or Conservation Area as


25 Development affecting Scheduled Monuments and Protected Wreck Sites will also require prior consent from the Secretary of State for Culture, Media and Sport (see http://www.culture.gov.uk/). In
   such cases, local planning authorities should encourage applications for all relevant consents to be made in parallel.
26 Decision makers must fulfil their statutory responsibility referred to in Policy HE9.0.
a whole.

HE10.5 Where an element of a World Heritage Site or                ...and the quid pro quo.
Conservation Area does not positively contribute to its
significance, local planning authorities should take into account
the desirability of enhancing or better revealing the significance
of the World Heritage Site or Conservation Area, including,
where appropriate, through development of that element. This
should be seen as a positive public benefit and part of the
process of place-making.

HE10.6 Due to the discretionary approach taken to the              This is the protection for potential archaeological resources in
scheduling of monuments and the statutory limitations on what the ground.
can be designated as a monument there are many sites that are
significant for their archaeological interest that are not
designated at present. The absence of designation does not
necessarily indicate lower significance. Non-designated assets of
archaeological interest equal in significance to that of scheduled
monuments should be treated according to the same
principles.27.

Policy HE11. Additional policy principles guiding the
consideration of applications for development
affecting the setting of a heritage asset

HE11.1 When considering applications for development within                                          This one is tricky because it is about wind turbines. Whilst the
the setting of a heritage asset, local planning authorities should                                   setting of some heritage assets is crucial to their significance,
treat favourably applications that preserve those elements of                                        the Government will not wish to see alleged adverse effects on
the setting that enhance the significance of the asset. When                                         settings being used to heavily restrict the availability of sites.
considering applications that do not do this, local planning
                                                                                                     The issue can probably not be adequately dealt with in policy
authorities should weigh any loss of enhancement of the asset
                                                                                                     but needs well-thought-out guidance
against the wider benefits of the application. Reflecting the
importance Government attaches to development that

27 Advice and information about the significance of known, but non-designated heritage assets with archaeological interest may be obtained from County Archaeologists and historic environment records,
   respectively.
contributes to the wider principles of sustainable development,
such benefits may include the wider benefits associated with
increased production of energy from low or zero-carbon
sources. The greater the negative impact on the significance of
the asset, the greater the benefits that will be needed to justify
approval.

HE11.2 Where an aspect of an asset‟s setting does not                 This is the companion Policy to Policy HE10.5. Consistency
positively contribute to its significance, local planning authorities would be appropriate: hence the similarity of the wording.
should take into account the desirability of enhancing or better
revealing the significance, including through high quality design
of new development. This should be seen as a positive public
benefit and part of the process of place-making.

Policy HE12: Additional policy principles guiding
development of a heritage asset that is otherwise
contrary to the development plan (also known as
enabling development)

HE12.1 Local planning authorities should use the following                                               This Policy closely follows the Policy in English Heritage's
criteria to determine whether the benefits of an application for                                         Enabling Development and the Conservation of Significant
enabling development to secure the future conservation of a                                              Places
heritage asset outweigh the disbenefits of departing from the
                                                                                                         Criterion (g) in the EH document is contained in the opening
development plan, bearing in mind the requirements of section
                                                                                                         text here.
38(6) of the Planning and Compulsory Purchase Act 200428.
     Will it materially harm the significance of the asset or its
      setting?
     Will it avoid detrimental fragmentation of management of
      the asset?
     Will it secure the long term future of the asset and, where
      applicable, its continued use for a purpose sympathetic to


28 Note that these criteria are listed as a starting point; what is a material consideration will always depends on the circumstances of the individual case and this list is not comprehensive.
    its conservation?
   Is it necessary to resolve problems arising from the inherent
    needs of the asset, rather than the circumstances of the
    present owner, or the purchase price paid?
   Is there a source of funding that might support the asset
    without the need for enabling development?
   Is the level of development the minimum necessary to
    secure the future conservation of the asset and of the
    design and type that minimises harm to other public
    interests?

Policy HE13: Policy principles guiding the recording of
information related to heritage assets

HE13.1 A documentary record of our past is not as valuable         Indisputable?
as retaining the asset. The ability to record evidence of our past
should not therefore be a factor in deciding whether consent for
development that would result in a heritage asset‟s destruction
should be given.

HE13.2 The process of investigating the significance of the         This seems ok, but the wording needs to be consistent with
historic environment, as part of plan- or decision-making,          Policy HE7.2:
generates information and furthers understanding of our past.
                                                                    There is a problem here of commercial confidentiality.
This information should be made publicly available, including
                                                                    Otherwise an unsuccessful developer could have his expensive
through the relevant historic environment record.
                                                                    study made use of by his successor. The words here are ok in
                                                                    principle but we should be aware that others may criticise them.

HE13.3 Where a decision has been made that will result in the Recording before loss as a last resort.
loss of the whole or a material part of an asset‟s significance,
local planning authorities should ensure that developers
maximise opportunities to advance understanding of the asset‟s
significance before this is lost. Developers should publish the
outcomes of such investigations and the advancement in
understanding that those results bring. They should deposit
copies of the reports with the relevant historic environment
record. They should also offer the archive generated to a local
museum or other public depository. Where appropriate, local
planning authorities should impose planning conditions or
obligations to ensure such work is carried out before
commencement of the development.




ANNEX 1. TERMINOLOGY

                                                                    There is a problem with the terminology because it is
                                                                    incomplete (heritage asset is referred to but not defined) and
                                                                    because it does not resolve the relationship between
                                                                    “significance” and “architectural or historic interest” and the
                                                                    other expressions used in the legislation.
                                                                    Some suggestions are made. The only completely out-of-step
                                                                    aspect is “artistic interest” which only loosely conforms to being
                                                                    described as a component of “historic interest”.

Archaeological interest

An interest in carrying out an expert investigation at some point
in the future into the evidence a place may hold of past human
activity. Heritage assets with archaeological interest are the
primary source of evidence about the substance and evolution
of places, and of the people and cultures that made them.
These remains are part of a record of the past that begins with
traces of early humans and continues to be created and
destroyed.
Architectural and artistic interest

These are interests in the design and general aesthetics of a          Artistic interest sits uncomfortably here as it is sometimes
place. They can arise from conscious design or fortuitously from       architectural and sometimes not. It needs to be separately
the way the place has evolved. More specifically, architectural        defined in terms of both architectural and historic interest so
interest is an interest in the art or science of the design,           when statutory procedures are being undertaken the
construction, craftsmanship and decoration of buildings and            assessment conforms fully to due process.
structures of all types. Artistic interest is an interest in other
human creative skill, like sculpture. Architectural interest may
include artistic interest.

Artistic interest

Artistic interest is an interest in other human creative skill, like   See comment above.
sculpture. Artistic interest may be architectural interest,
historic interest or both.

Conservation

The process of maintaining and managing change to a heritage
asset in a way that preserves its significance.

Designated asset

A World Heritage Site, Scheduled Monument, Listed Building,
Protected Wreck Site, Registered Park or Garden, Registered
Battlefield or Conservation Area designated as such under the
relevant legislation.

Heritage asset

A building, monument, site, area or landscape of historic,             The word “area” is needed to ensure conservation areas fall
archaeological, architectural or artistic interest whether             within the definition. Non-designated assets are included in the
designated or not. Heritage assets are components of the               definition.
historic environment.

Historic environment

All aspects of the environment resulting from the interaction
between people and places through time, including all surviving
physical remains of past human activity, whether visible, buried
or submerged, and deliberately planted or managed flora. Those
elements of the historic environment that have significance are
called heritage assets.

Historic environment record (HER)

Historic environment records are information services that seek Artefacts need to be included.
to provide access to comprehensive and dynamic resources
relating to the historic environment of a defined geographic
area for public benefit and use. Typically, they comprise
databases linked to a geographic information system (GIS), and
associated reference material and artefacts, together with a
dedicated staffing resource.

Historic interest

An interest in past lives and events. Heritage assets can          The addition is required to insure that all four forms of interest
illustrate or be associated with them. Heritage assets with        as defined fall within the statutory definition.
historic interest not only provide a material record of our
nation‟s history, but can also provide an emotional meaning for
communities derived from their collective experience of a place
and can symbolise wider values such as faith and cultural
identity. Historic interest may include archaeological and
artistic interest.

Historic characterisation

Historic characterisation is the process and product of defining
the overall historic character of a place or landscape in terms of
its present-day archaeological and architectural identity so that
the principles of sustainable development can be applied. GIS-
based historic landscape characterisation and its urban
equivalents are currently the most prevalent of these
approaches, but historic environment characterisation extends
these principles by combining assessments of archaeological,
architectural and historic landscape character, while historic
seascape characterisation applies them to the marine historic
environment.

Setting

The area surrounding a heritage asset within which activity or
development may affect the significance of that asset. The
significance of an asset, or appreciation of that significance,
may be enhanced or diminished by elements of the existing
setting.

Significance

The value of a place to this and future generations because of        The amendments are needed to ensure a watertight definition in
its heritage architectural or historic interest. That interest may    line with the primary legislation. As worded there is confusion
                                                      29
be archaeological, architectural, artistic or historic . The          between the terms “historic interest” and “heritage asset”.
evaluation of significance is what the decision-maker does
when:
 in the case of a listed building or its setting, the decision-
     maker has regard to the desirability of preserving the listed
     building or its setting or any features of special architectural
     or historic interest which it possesses.
 in the case of a conservation area, the decision maker has
     regard to the desirability of preserving or enhancing the


29 The accompanying guidance by English Heritage (http://www.english-heritage.org.uk/PPS) expands on how one can analyse the public‟s interest in heritage assets by sub-dividing it into aesthetic,
   evidential, historic and communal values. This is not policy, but a tool to aid analysis.
    character or appearance of that area.
   in the case of a scheduled monument or its setting, the
    decision-maker has regard to the desirability of preserving
    the scheduled monument or its setting.

				
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