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SectionA.4
SectionA.4

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HERs operate within a complex framework of legislation and government policy guidance, which together provide for the protection and management of the historic environment and its presentation to the public. A summary of key legislation is given in [Panel 1|http://archaeologydataservice.ac.uk/ifp/Wiki.jsp?page=SectionA.4#section-SectionA.4-Panel1TheNationalLegislativeAndPolicyFrameworkForHERs]. The [Ancient Monuments and Archaeological Areas Act 1979|Bibliography#Ancient Monuments and Archaeological Areas Act 1979|target='_blank'], is a UK-wide Act, although part II relating to archaeological areas was never introduced in Wales or Scotland. Other legislation is more nation-specific. (see [Panel 1|http://archaeologydataservice.ac.uk/ifp/Wiki.jsp?page=SectionA.4#section-SectionA.4-Panel1TheNationalLegislativeAndPolicyFrameworkForHERs]).
HERs operate within a complex framework of legislation and government policy guidance, which together provide for the protection and management of the historic environment and its presentation to the public. A summary of key legislation is given in [Panel 1|http://archaeologydataservice.ac.uk/ifp/Wiki.jsp?page=SectionA.4#section-SectionA.4-Panel1TheNationalLegislativeAndPolicyFrameworkForHERs]. The [Ancient Monuments and Archaeological Areas Act 1979|Bibliography#Ancient Monuments and Archaeological Areas Act 1979|target='_blank'], is a UK-wide Act, although part II relating to archaeological areas was never introduced in Wales or Scotland. This Act was augmented in Wales in 2016 by the introduction of the Historic Environment (Wales) Act. Other legislation and guidance is more nation-specific. (see [Panel 1|http://archaeologydataservice.ac.uk/ifp/Wiki.jsp?page=SectionA.4#section-SectionA.4-Panel1TheNationalLegislativeAndPolicyFrameworkForHERs]).
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[Historic England|Glossary#Historic England|target='_blank'] has assembled a Register of Parks and Gardens of special historic interest and another for historic battlefields in England. These registers are used to alert owners and others to the significance of an area of land. Although no additional statutory controls are available, planning authorities are recommended to take account of these sites in preparing development plans ([DoE 1994a|Bibliography#DoE 1994a|target='_blank']). Parks and gardens registers exist under similar circumstances in Wales. Since 1998 Registers of Landscapes of Outstanding and Special Historic Interest have been published for Wales, and while these are also non-statutory, planning authorities are advised to take account of registered historic landscapes when preparing development plans and under certain circumstances when considering planning permissions. No battlefields register exists for Wales. In Scotland there is an Inventory of Historic Gardens and Designed Landscapes. Consultation must take place with Historic Scotland in respect of any planning applications affecting an Inventory site under [The Town and Country Planning (General Development Procedure Permitted Development) (Scotland) Order 1992|Bibliography#Statutory Instruments 1992|target='_blank']. There is no battlefield register for Scotland, although Historic Scotland has commissioned pilot research to produce an informal list.
[Historic England|Glossary#Historic England|target='_blank'] has assembled a Register of Parks and Gardens of special historic interest and another for historic battlefields in England. These registers are used to alert owners and others to the significance of an area of land. Although no additional statutory controls are available, planning authorities are recommended to take account of these sites in preparing development plans ([DoE 1994a|Bibliography#DoE 1994a|target='_blank']). Parks and gardens registers exist under similar circumstances in Wales. Since 1998 Registers of Landscapes of Outstanding and Special Historic Interest have been published for Wales, and while these are also non-statutory, planning authorities are advised to take account of registered historic landscapes when preparing development plans and under certain circumstances when considering planning permissions. No battlefields register exists for Wales, although an inventory of battlefields is now in preparation by the RCAHMW. In Scotland there is an Inventory of Historic Gardens and Designed Landscapes. Consultation must take place with Historic Scotland in respect of any planning applications affecting an Inventory site under [The Town and Country Planning (General Development Procedure Permitted Development) (Scotland) Order 1992|Bibliography#Statutory Instruments 1992|target='_blank']. There is no battlefield register for Scotland, although Historic Scotland has commissioned pilot research to produce an informal list.
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In England and Wales changes are anticipated following the Government's consultation ''[The Review of Heritage Protection: The Way Forward (DCMS 2004)|Bibliography#DCMS 2004|target='_blank'] and [Protection of historical assets in Wales: a consultation paper'' (National Assembly for Wales: Welsh Assembly Government 2003)|Bibliography#National Assembly for Wales Welsh Assembly Government 2003|target='_blank']. This included proposals for a unified list combining listed buildings, scheduled monuments, registered parks and gardens, registered battlefields and for devolving consent procedures to local authorities.
In England changes are anticipated following the Government's consultation ''[The Review of Heritage Protection: The Way Forward (DCMS 2004)|Bibliography#DCMS 2004|target='_blank']'' which included proposals for a unified list combining listed buildings, scheduled monuments, registered parks and gardens, registered battlefields and for devolving consent procedures to local authorities.
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In Wales the ''[Protection of historical assets in Wales: a consultation paper (National Assembly for Wales: Welsh Assembly Government 2003)|Bibliography#National Assembly for Wales Welsh Assembly Government 2003|target='_blank']'' and further consultations have resulted in the introduction of the ''[Historic Environment (Wales) Act 2016|Glossary#Historic Environment (Wales) Act 2016|target='_blank']''.
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__''[Historic Environment (Wales) Act 2016|http://www.legislation.gov.uk/anaw/2016/4/contents/enacted|target='_blank']''__ augments the __''Ancient Monuments and Archaeological Areas Act 1979''__ and gives Welsh Ministers certain additional powers in relation to Scheduled Monuments and Listed Buildings. It also places a statutory duty on Welsh Ministers to maintain HERs.
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__''['Planning Policy Wales', Edition 4, February 2011|http://wales.gov.uk/topics/planning/policy/ppw/?lang=en|target='_blank']''__: [[Wales] provides the strategic policy framework for the effective preparation of local planning authorities' development plans. (Chapter 6 relates to the historic environment encompassing UDPs, Conservation Areas, development control, World Heritage Sites and historic parks and gardens). This is supplemented by 20 topic based [Technical Advice Notes|http://wales.gov.uk/topics/planning/policy/tans/?lang=en|target='_blank'] (Wales) needs password access (TANs). Procedural guidance for the historic environment is given in Welsh Office / National Assembly for Wales circulars.
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__''Welsh Office Circular 61/96: Planning and the Historic Environment: Historic Buildings and Conservation Areas as amended by Welsh Office Circular 1/98, Planning and the Historic Environment''__: Directions by the Secretary of State for Wales Sets out the latest available policy guidance which relates to the built heritage.
__''['Planning Policy Wales', Edition 8, January 2016|http://wales.gov.uk/topics/planning/policy/ppw/?lang=en|target='_blank']''__: [[Wales] provides the strategic policy framework for the effective preparation of local planning authorities' development plans. (Chapter 6 relates to the historic environment encompassing UDPs, Conservation Areas, development control, World Heritage Sites and historic parks and gardens). This is supplemented by 23 topic based [Technical Advice Notes|http://wales.gov.uk/topics/planning/policy/tans/?lang=en|target='_blank'] (Wales). Procedural guidance for the historic environment is given in Welsh Office / National Assembly for Wales circulars.
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__''Welsh Office Circular 60/96: Planning and the Historic Environment: Archaeology''__: Provides advice on the handling of archaeological matters within the planning system. It supplements guidance in Planning Guidance (Wales): Planning Policy 1996 and Planning Policy Wales 2011.
__''Welsh Office Circular 60/96: Planning and the Historic Environment: Archaeology''__: Provides advice on the handling of archaeological matters within the planning system. It supplements guidance in Planning Guidance (Wales): Planning Policy 1996 and Planning Policy Wales 2016. (This Circular is due to be replaced by TAN24 during 2016-17).
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__''Welsh Office Circular 61/96: Planning and the Historic Environment: Historic Buildings and Conservation Areas as amended by Welsh Office Circular 1/98, Planning and the Historic Environment''__: Directions by the Secretary of State for Wales Sets out the latest available policy guidance which relates to the built heritage. (This Circular is due to be replaced by TAN24 during 2016-17).
This page (revision-86) was last changed on 25-Sep-2018 15:48 by Staffordshire Historic Environment RecordTop