Heritage and the Planning System

Most changes to buildings are managed through the planning system. 

The purpose of the planning system is to contribute to the achievement of SUSTAINABLE DEVELOPMENT. 

The planning system has three overarching objectives: 

• Social
• Economic 
• Environmntal 

Heritage can play a part in delivering all three objectives. 

Government policy for heritage managed through the planning system is to conserve it for the enjoyment of this and future generations. 

TOWN AND COUNTRY PLANNING ACT 1947 - the start of comprehensive and effective land use planning, it allowed for regulation and protection.

Enabled Authorities to shape development with a DEVELOPMENT PLAN:

• LOCAL PLAN - prepared by the LPA
• NEIGHBOURHOOD PLAN(S) - prepared by the Parish Council 
• MINERALS AND WASTE LOCAL PLAN - LPA

It has been the law to make planning decisions in accordance with Local Plans since 1991 unless there are material considerations not to. They must be based on appropriate evidence. This is now set out in SECTION 38A of the 2004 PLANNING AND COMPULSORY PURCHASE ACT. 

MATERIAL CONSIDERATIONS - e.g. traffic, visual appearance, NPPF etc. 

The NPPF sets out that Development Plans should 'plan positively for development and infrastructure' and have 'clear' strategic policies on HOUSING (to meet an identified need of 5 and 15 years), EMPLOYMENT, and CONSERVATION of both NATURAL and HISTORIC ENVIRONMENT.

Set out a vision and framework for future development. Policies normally include:

• Housing
• Economy
• Community facilities
• Environment (including the historic environment)

Policies can be strategic or non-strategic (less detailed). 

They also include allocations for land uses and designations for areas such as CONSERVATION AREAS or AREAS OF OUTSTANDING NATURAL BEAUTY.

Plans must be accompanied by a POLICIES MAP which shows where different things are planned e.g. housing, green spaces etc. 

In the implementation process they are accompanied by documents such as a SUSTAINABILITY APPRAISAL.

Introduced in the LOCALISM ACT 2012.

Give communties direct power to shape a vision for their future growth.

Can include policies and site allocations. 

1. Legislation

2. NPPF

3. Planning Practice Guidance

4. Good Practice Advice Notes 

5. Historic England Advice Notes

Outside the hierarchy comes Local Policy.

TOWN AND COUNTRY PLANNING ACT 1947 / 1990

ANCIENT MONUMENTS AND ARCHAEOLOGICAL AREAS ACT 1979

PLANNING (LISTED BUILDINGS AND CONSERVATION AREAS) ACT 1990

NATIONAL HERITAGE ACT 1983 (Created Historic England, relating to P&Gs and Battlefields)

ENTERPRISE AND REGULATORY REFORM ACT 2013 (makes list descriptions more precise and adds ability to exclude areas)

GENERAL PERMITTED DEVELOPMENT ORDER 2015

First issued in 2012, revised several times since. Remember, it has economic, social and environmental objectives. 

Chapter 2 = Achieving Sustainable Development / Chapter 16 = Conserving and Enhancing the Historic Environment 

NPPF gives GREAT WEIGHT to conserving the historic environment. 

Highlights the importance of gathering APPROPRIATE EVIDENCE and POSITIVE STRATEGIES.

Terms of note: 

• SIGNIFICANCE - Must be assessed
• HARM (SUBSTANTIAL or TOTAL LOSS or LESS THAN SUBSTANTIAL) - Must be considered

Any harm requires a clear and convincing justification (dependent on the significance of the asset).

Has a gloassary with useful definitions. 

• Funders
• Funders' Team
• Decision Makers
• National Government 
• Government funded national organisations
• Professional bodies
• Amenity Societies 
• Civic Societies 

1. PHILOSOPHY FOR MANAGEMENT

• The historic environment is a shared resource
• Everyone should be able to participate in sustaining the historic environment 
• Understanding significance is vital
• Significant places should be managed to sustain their values 
• Decisions about change must be reasonable, transparent, and consistent
• Documenting and learning from decisions is essential 

2. HERITAGE VALUES

• Evidential 
• Historical 
• Aesthetic 
• Communal 

3. HOW TO MANAGE CHANGE TO BEST SUSTAIN SIGNIFICANCE 

The TOWN AND COUNTRY PLANNING ACT 1990 says "planning permission is required for any development of land".

DEVELOPMENT: 

• OPERATIONAL DEVELOPMENT - building (demolition, rebuilding, alterations, other works undertaken by a builder), engineering, mining, other operations (that result in physical change)
• CHANGE OF USE

Things that are not considered development include: maintenance, minor interior works or works that do not materially affect the external appearance of the building, forestry or agriculture, connections/sewers etc.

The TOWN AND COUNTRY PLANNING (GENERAL PERMITTED DEVELOPMENT ORDER) 2015 allows minor development without planning permission. For example: 

• Repairs to services
• Caravan sites/temporary buildings
• Development by LPAs/the Crown

PRIOR APPROVAL - As long as the LPA has given prior approval, certain agricultural, telecommunication and extensions which are not permitted development can be constructed without planning permission but notifying the authority of intention to do so within a specified timeframe (the LPA then has to determine whether it will require planning permission).

CHANGE OF USE - there are 16 categories (USE CLASSES ORDER), some of which are not deemed development. 

Just because a change of use itself does not require planning permission, doesn't mean an external change necessary to facilitate that change does not. 

Depending on where you live and what the application is for, applications should be made to either County Councils, District Councils, or National Park Authorities.

OUTLINE APPLICATION - Used to establish whether the principle of development is acceptable. Once this is granted you apply for RESERVED MATTERS, the detail. LPA can decide to ask for some of the reserved matters details as part of the outline application. 

FULL APPLICATION - Everything is considered at once.

There are a number of assessments that may be required alongside an application, for example Habitat Assessment, Retail Impact Assessment, Structural Survey, Flood Risk Assessment etc. 

SENSITIVE AREA - Scheduled Monument or World Heritage Site

DELAGATED POWERS - Over 90% of cases are decided by individual Planning Officers 

PLANNING COMMITY - Decide the rest 

You do not have to own land to get planning permission on it. Planning permission is tied to land, not applicants, so will transfer if the land is sold. 

Outcomes: 

• APPROVE
• PARTIALLY APPROVE
• REFUSE 

Under Section 70 of the TOWN AND COUNTRY PLANNING ACT 1990, LPAs can impose such CONDITIONS as they see fit. However, they must meet 6 tests: 

• Necessary
• Relevant to planning
• Relevant to the development being permitted
• Enforceable 
• Precise
• Reasonable in all other respects 

COMMUNITY INFRATRUCTURE LEVY - Developer may be required to make a financial contribution 

SECTION 106 AGREEMENT - Private agreement between LPA and developer to make what would be an unacceptable development acceptable. These run with the land. They have 3 purposes:

• Prescribe the nature of development (e.g. amount of affordable housing)
• Compensate for loss or damage (e.g. open space)
• Mitigate a development's impact (e.g. improving local public transport)

APPEALS - Directed to the Secretary of State (mostly dealt with by the PLANNING INSPECTORATE) in cases of unreasonable refusal, conditions or time taken to reach a decision (NON-DETERMINATION). You can appeal up to 6 months after the decision.

WRITTEN REPRESENTATION - The 'appellant' submits a statement to the P.I. Inspector will then visit the site and issue a decision.

INFORMAL HEARING - The inspector will invite interested parties to a round-table discussion about the merits of the application.

PUBLIC ENQUIRY - Inspector will hear evidence by experts who are cross-examined by legal representatives. Can last several weeks. 

JUDICIAL REVIEW - People directly affected by a decision can ask for a review if they question the lawfulness of the way in which the decision was taken. This will then go to PLANNING COURT.

STATUTORY CHALLENGE - Challenges the outcome of an appeal or decision of the Secretary of State

ENFORCEMENT ACTION may be taken if you:

• Develop without the required planning permission
• Fail to comply with Planning Conditions
• Contraventions of limitations and conditions set out in regulations relating to permitted development or changes of use.

Development becomes immune to enforcement if no action is taken within 4 years of operational development/change of use to a single dwelling or 10 years of any other breach.

Made by LPAs to:

• Extend permitted development rights
• Grant planning permission for specific development proposals or classes of development in a particular area

Intended to help attract investment to an area and to support existing businesses by:

• Giving certainty to developers
• Reducing timescales
• Reducing the costs associated with making a planning application

They are particularly useful in areas that have defined boundaries, such as masterplanning areas, town centres or enterprise zones.