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*In Scotland where there is devolved government, culture is a devolved matter and Scottish Ministers are responsible for scheduling and listing. [Historic Scotland|Glossary#Historic Scotland|target='_blank'], an agency of the Scottish Executive, advises Scottish Ministers on conservation matters. Scottish Ministers also receive advice from the Historic Environment Advisory Council for Scotland (HEACS), formed following the abolition of the Ancient Monument Board for Scotland and the Historic Building Council for Scotland in 2003 under the [Public Bodies Act 2003|Bibliography#Public Appointments and Public Bodies etc. (Scotland) Act 2003|target='_blank'].
*In Scotland where there is devolved government, culture is a devolved matter and Scottish Ministers are responsible for scheduling and listing. Historic Environment Scotland, a Non Departmental Public Body, advises Scottish Ministers on historic environment matters.
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The United Nations Educational, Scientific and Cultural Organisation (UNESCO) World Heritage Convention provides for the identification, protection and presentation of cultural and natural sites of outstanding universal value. Currently there are 23 sites in Britain (16 in England, 4 in Scotland, 2 in Wales and 1 in Northern Ireland). The Antonine Wall in Scotland is to be proposed for nomination as part of a distributed single trans-national World Heritage Site (the Frontiers of the Roman Empire) to include Hadrian's Wall. Although there is no special legislation, impact on a World Heritage Site is a material consideration in the planning process as set out in planning guidance ([PPG15 (England)|Bibliography#DoE 1994a|target='_blank'], [Planning Policy Wales (Wales)|Bibliography#Welsh Government 2014|target='_blank'] and [NPPG 18 (Scotland)|Bibliography#SDD 1999|target='_blank']).
The United Nations Educational, Scientific and Cultural Organisation (UNESCO) World Heritage Convention provides for the identification, protection and presentation of cultural and natural sites of outstanding universal value. Currently there are 26 sites in Britain (16 in England, 6 in Scotland, 3 in Wales and 1 in Northern Ireland). Although there is no special legislation, impact on a World Heritage Site is a material consideration in the planning process as set out in planning guidance ([PPG15 (England)|Bibliography#DoE 1994a|target='_blank'], [Planning Policy Wales (Wales)|Bibliography#Welsh Government 2014|target='_blank'] and [Scottish Planning Policy 2014 (SPP)|http://www.gov.scot/Publications/2014/06/5823/5 (para. 147).
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Local planning authorities are responsible for granting and refusing consent to alter or demolish a listed building in consultation with the relevant national agencies and the statutory amenity societies. There is a right of appeal to the relevant Ministers advised by the respective national agencies body (Historic England, Historic Scotland, Cadw). For England, Historic England also maintains a Register of Buildings at Risk (grades I, II* and structural scheduled moments). In Scotland a similar register is maintained by the Scottish Civic Trust on behalf of Historic Scotland which fully funds the programme (see [www.buildingsatrisk.org.uk/|http://www.buildingsatrisk.org.uk/|target='_blank']). Some local authorities also maintain a list of locally important buildings which will be taken into account in the planning process.
Local planning authorities are responsible for granting and refusing consent to alter or demolish a listed building in consultation with the relevant national agencies and the statutory amenity societies. There is a right of appeal to the relevant Ministers advised by the respective national agencies body (Historic England, Historic Environment Scotland, Cadw). For England, Historic England also maintains a Register of Buildings at Risk (grades I, II* and structural scheduled moments). In Scotland a similar register is maintained by Historic Environment Scotland(see [www.buildingsatrisk.org.uk/|http://www.buildingsatrisk.org.uk/|target='_blank']). Some local authorities also maintain a list of locally important buildings which will be taken into account in the planning process.
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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, 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.
[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 Gardens and Designed Landscapes and an Inventory of Historic Battlefields maintained by Historic Environment Scotland. Consultation must take place with Historic Environment Scotland in respect of any planning applications affecting an Inventory site under [The Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013|http://www.legislation.gov.uk/ssi/2013/155/made].
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*Historic Scotland was created as an agency in 1991 and was attached to the Scottish Executive Education Department, which embraces all aspects of the cultural heritage, in May 1999.
* Historic Environment Scotland (HES) was created in 2015 by merging Historic Scotland with RCAHMS. HES is a Non Departmental Public Body and has charitable status, and gives advice to Scottish Government on historic environment matters. The [Historic Environment Scotland Act 2014|http://www.legislation.gov.uk/asp/2014/19/contents/enacted] sets out HES’s role and legal status.
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__''[Town and Country Planning (Scotland) Act 1997|Bibliography#Town and Country Planning Act (Scotland) 1997|target='_blank']''__: (Scotland) The principal instrument of town and country planning law, setting out the requirement for local authorities to prepare development plans. To be extended by the Planning (Scotland) Act in 2007 (passed by the Scottish Parliament in 2006).
__''[Town and Country Planning (Scotland) Act 1997|Bibliography#Town and Country Planning Act (Scotland) 1997|target='_blank']''__: (Scotland) The principal instrument of town and country planning law, setting out the requirement for local authorities to prepare development plans. Parts of the act were amended by the __[Planning etc (Scotland) Act 2006|http://www.legislation.gov.uk/asp/2006/17]__.
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__''[The Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013|http://www.legislation.gov.uk/ssi/2013/155/made]''__: Legislation and guidance on procedures for dealing with planning permission applications that affect a: scheduled monument or its setting, category A listed building or its setting, garden or designed landscape, battlefield site, or World Heritage Site.
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__Scotland: planning guidance issued by the Scottish Executive__
__Scotland: planning guidance issued by the Scottish Government__
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__''[SPP1, 2002|Bibliography#Scottish Executive 2002|target='_blank']''__: (Scotland): Sets out the key principles and the Executive's priorities for the system to guide policy formulation and decision making towards the goal of sustainable development.
__''[Scottish Planning Policy 2014 (SPP)|http://www.gov.scot/Publications/2014/06/5823/5]''__: the statement of the Scottish Government’s policy on nationally important land use planning matters.
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__''[NPPG 18, 1999|Bibliography#SDD 1999|target='_blank']''__: (Scotland): Accompanied by Memorandum of Guidance on Listed Buildings and Conservation Areas, deals primarily with listed buildings, conservation areas, World Heritage Sites, historic gardens, designed landscapes and their settings. Explains the role of the planning system in the protection of historic buildings, conservation areas and other elements of the historic environment.
__''[National Planning Framework 2014 (NPF)|http://www.gov.scot/Publications/2014/06/3539/0]''__: the Scottish Government’s strategy for Scotland’s long term spatial development.
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__''[NPPG 5, 1994|Bibliography#SDD 1994a|target='_blank']''__: (Scotland) Sets out the Government's planning policy on how archaeological remains and discoveries should be handled within the development plan and development control systems. Advises on assessing the archaeological implications of development and early consultation with SMRs in assessing the impact of planning applications.
__''[Planning Advice Note 2/2011: Planning and Archaeology (PAN)|http://www.gov.scot/Publications/2011/08/04132003/0]''__: provides advice to planning authorities and developers on dealing with archaeological remains.
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__''[PAN 42, 1994|Bibliography#SDD 1994b|target='_blank']''__: Supports NPPG 5. It includes advice on the handling of archaeological matters within the planning process and on the separate controls over scheduled monuments under the Ancient Monuments and Archaeological Areas Act 1979.
__''[Scottish Historic Environment Policy 2011 (SHEP)''__: Government policies concerning alteration or change within the Historic Environment.
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__''[Our Place in Time - The Historic Environment Strategy for Scotland|http://www.gov.scot/Publications/2014/03/8522]''__
This page (revision-86) was last changed on 25-Sep-2018 15:48 by Staffordshire Historic Environment RecordTop