This page (revision-86) was last changed on 25-Sep-2018 15:48 by Staffordshire Historic Environment Record

This page was created on 17-Sep-2012 11:46 by Alison Bennett

Only authorized users are allowed to rename pages.

Only authorized users are allowed to delete pages.

Page revision history

Version Date Modified Size Author Changes ... Change note
86 25-Sep-2018 15:48 26 KB Staffordshire Historic Environment Record to previous
85 25-Sep-2018 15:42 26 KB Staffordshire Historic Environment Record to previous | to last
84 25-Sep-2018 15:38 26 KB Staffordshire Historic Environment Record to previous | to last
83 25-Sep-2018 15:28 26 KB Staffordshire Historic Environment Record to previous | to last
82 25-Sep-2018 15:27 26 KB Staffordshire Historic Environment Record to previous | to last
81 25-Sep-2018 15:23 26 KB Staffordshire Historic Environment Record to previous | to last

Page References

Incoming links Outgoing links
SectionA.4
SectionA.4

Version management

Difference between version and

At line 4 changed one line
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 give 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|http://www.legislation.gov.uk/ukpga/1979/46], 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]).
At line 6 changed 3 lines
*In England English Heritage is responsible for the scheduling of monuments and the listing of historic buildings on behalf of the Secretary of State for Culture Media and Sport in accordance with the primary legislation The listing of buildings was transferred to English Heritage from the Department for Culture, Media and Sport (DCMS) in April 2005. Other changes will be introduced as a result of the Government's consultation [The Review of Heritage Protection: The Way Forward|http://www.architecture.com/Files/RIBAHoldings/PolicyAndInternationalRelations/Policy/PublicAffairs/DCMSHeritageReview.pdf] (DCMS 2004).
*In Scotland where there is devolved government, culture is a devolved matter and Scottish Ministers are responsible for scheduling and listing. Historic Scotland, 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.
*In Wales responsibility for the heritage is devolved to the Welsh Government (WG) who are responsible for scheduling and listing. Cadw, the historic envirronment service of the WG, are responsible for advising Welsh Ministers on such matters and for the day to day operation of heritage legislation.
*In England [Historic England|Glossary#Historic England|target='_blank'] is responsible for the [scheduling|Glossary#scheduling|target='_blank'] of monuments and the listing of historic buildings on behalf of the Secretary of State for Culture Media and Sport in accordance with the primary legislation The listing of buildings was transferred to Historic England (then part of English Heritage) from the Department for Culture, Media and Sport (DCMS) in April 2005. Other changes will be introduced as a result of the Government's consultation [The Review of Heritage Protection: The Way Forward (DCMS 2004)|Bibliography#DCMS 2004|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.
*In Wales responsibility for the heritage is devolved to the Welsh Government ([WG|Glossary#WG|target='_blank']) who are responsible for scheduling and listing. [Cadw|Glossary#Cadw|target='_blank'], the historic environment service of the WG, are responsible for advising Welsh Ministers on such matters and for the day to day operation of heritage legislation.
At line 11 changed one line
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), Planning Policy Wales (Wales) and [NPPG 18 (Scotland)|http://www.scotland.gov.uk/Publications/1999/04/nppg18/]).
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 ([NPPF (England)|Bibliography#Ministry of Housing, Communities and Local Government 2018a|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).
At line 14 changed one line
Central government (DCMS in England, Historic Scotland in Scotland, Welsh Government in Wales) has sole responsibility for enforcing legislation on scheduled monuments. With the exception of works defined in the [Ancient Monuments (Class Consents) Order 1994|http://www.legislation.gov.uk/uksi/1994/1381/made], scheduled-monument consent must be granted by the relevant Ministers in the national countries for all works, including archaeological excavations.
Central government ([DCMS|Glossary#DCMS|target='_blank'] in England, Historic Environment Scotland in Scotland, Welsh Government in Wales) has sole responsibility for enforcing legislation on [scheduled monuments|Glossary#SM|target='_blank']. With the exception of works defined in the [Ancient Monuments (Class Consents) Order 1994|Bibliography#Statutory Instruments 1994|target='_blank'], scheduled-monument consent must be granted by the relevant Ministers in the national countries for all works, including archaeological excavations. For England, Historic England maintains a Register of [Heritage at Risk|https://www.historicengland.org.uk/advice/heritage-at-risk|target='_blank'], which as well as covering Scheduled Monuments, also includes Grade I and II* Listed Buildings, Registered Parks and Gardens and Conservation Areas).
At line 17 changed one line
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 (English Heritage, Historic Scotland, Cadw). For England, English Heritage 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/]). 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). In Scotland at Buildings at Risk 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.
At line 22 removed 3 lines
!Protected wrecks
The DCMS is responsible under the [Protection of Wrecks Act 1973|http://www.legislation.gov.uk/ukpga/1973/33] for the protection of wrecks, issuing licences for survey or excavation and for enforcing legislation in England. Historic Scotland (Scotland), Cadw (Wales) and DoENI (Northern Ireland) are responsible within their respective territories. At the beginning of 2005, there were fifty-seven designated wreck sites in UK waters (Figure 2) In Scotland Shetland Council holds a lease of an area of the seabed which covers c 15 wrecks.
At line 26 changed one line
English Heritage 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). 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 authorites 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|http://www.legislation.gov.uk/uksi/1992/223/made]. 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 ([NPPF (England)|Bibliography#Ministry of Housing, Communities and Local Government 2018a|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].
At line 25 added 11 lines
!Heritage designations at sea
Several forms of designation can apply at sea as the 'land based' regimes continue to apply as well as some specific marine forms of designation. Scheduling has been used to protect a variety of monuments in intertidal and fully marine contexts around the UK, including the remains of ships. Examples include elements of D-Day infrastructure that have been scheduled off the coast of Essex and Kent. There are also some Listed Buildings in the sea, such as the sea forts of the Humber Estuary and the Solent, and Beachy Head lighthouse. A much wider range of Listed Buildings are connected to the shore but have their foundations in the sea - especially harbour walls and piers.
At present, the principle form of heritage designation used at sea in English waters is the Protection of Wrecks Act 1973. As its title implies, this act can only be used to designate the remains of wrecks, including their former contents such as cargo. The Protection of Wrecks Act 1973 is used to designate an area within which a wreck lies; various activities within the designated area are restricted and can only take place under the authority of a licence. Designation can apply to the limit of the Territorial Sea (12 nautical miles; about 22 km) and in all tidal waters, including intertidal areas and estuarine waters that may be far upstream but still within the tidal limit.
The Protection of Wrecks Act 1973 is used in Wales and Northern Ireland as well as England, but it has been superseded in Scotland by the designation of Historic Marine Protected Areas (HMPAs) under the Marine (Scotland) Act 2010. HMPAs can be used to designate a very wide range of heritage assets, whilst in England recourse must be had to scheduling at sea if the heritage asset in need of protection is not a wreck.
In England, designation and licencing under the Protection of Wrecks Act 1973 are the responsibility of the Secretary of State for Culture Media and Sport, administered on behalf of DCMS by Historic England.
A further form of designation that affects heritage assets is provided by the Protection of Military Remains Act 1986. This act can be used to protect wrecks by designating an area, or by adding the name of the wreck to a list - even if the location of the wreck is not known. Air crash sites are automatically protected under the Protection of Military Remains Act 1986. The Protection of Military Remains Act 1986 also requires that a licence be obtained before excavating any place in search of military remains.
At line 29 changed one line
Portable objects are covered by various protection measures. [The Treasure Act 1996|http://www.legislation.gov.uk/ukpga/1996/24] (applies in England, Wales and Northern Ireland) which came into effect in September 1997 defines 4 categories of treasure. A revised [code of practice|http://www.culture.gov.uk/NR/rdonlyres/C1027393-6D96-4B2A-86EF-DC1021117190/0/Treasure_Act_P0164.pdf] was issued in 2002. Objects covered by the Act must be reported to local coroners, and to encourage the reporting of objects classed as treasure, the market value of the find is paid to finders or landowners. Finders of metal objects not considered treasure and other archaeological objects from non-scheduled sites are encouraged to report their finds under a voluntary scheme, the Portable Antiquities Scheme. This has established a national network of Finds Liaision Officers (FLOs) in England and Wales, based in museums or HERs ([www.finds.org.uk|http://www.finds.org.uk]). FLOs provide a point of contact for finders in each area, as well as liaising with metal detectorists and HERs. Objects that are fixed to listed buildings are also protected under the legislation for listed buildings. English Heritage has publshed guidance on portable antiquities in relation to its own sites, funded projects and scheduled monuments [Our Portable Past (English Heritage 2006)|http://www.english-heritage.org.uk/publications/our-portable-past/].
Portable objects are covered by various protection measures. [The Treasure Act 1996|Bibliography#Treasure Act 1996|target='_blank'] (applies in England, Wales and Northern Ireland) which came into effect in September 1997 defines 4 categories of treasure. A revised [code of practice|Bibliography#DCMS 2000|target='_blank'] was issued in 2002. Objects covered by the Act must be reported to local coroners, and to encourage the reporting of objects classed as treasure, the market value of the find is paid to finders or landowners. Finders of metal objects not considered treasure and other archaeological objects from non-scheduled sites are encouraged to report their finds under a voluntary scheme, the Portable Antiquities Scheme. This has established a national network of Finds Liaison Officers (FLOs) in England and Wales, based in museums or HERs ([www.finds.org.uk|http://www.finds.org.uk|target='_blank']). FLOs provide a point of contact for finders in each area, as well as liaising with metal detectorists and HERs. Objects that are fixed to listed buildings are also protected under the legislation for listed buildings. English Heritage has published guidance on portable antiquities in relation to its own sites, funded projects and scheduled monuments [Our Portable Past (English Heritage 2006)|Bibliography#English Heritage 2006|target='_blank'].
At line 33 changed one line
[{Image src='designated_wreck_sites.jpg' alt='Figure 2: Designated wreck sites (March 2007)'}] ''Figure 2: Designated wreck sites (March 2007)''
Portable heritage in tidal waters counts as 'wreck' if it has come from a ship and is subject to the Merchant Shipping Act 1995. Anybody who finds 'wreck' or brings it within UK territorial waters must notify the Receiver of Wreck, who will try to establish the original owner. The finder is entitled to a salvage award. If no legitimate owner makes a claim within a year then generally the wreck becomes the property of the Crown, though in practice the find will often be granted to the finder in place of a salvage award. Although the Treasure Act 1996 also applies to the foreshore above low water, if an item is 'wreck' then it is not 'treasure'. Other than finds that fall within the definition of 'treasure' (above low water) and 'wreck', there is no general provision for portable heritage found in tidal waters. However, a number of protocols are in place to encourage the reporting of all types of archaeological material discovered at sea by the [marine aggregate industry|http://www.wessexarch.co.uk/projects/marine/bmapa/index.html|target='_blank'] and the [offshore renewables|http://www.wessexarch.co.uk/projects/marine/tcerenewables|target='_blank'] sector.
At line 36 changed one line
Churches and other religious buildings may be listed but alterations or building works may also be controlled by special codes of practice. For example, the Church of England and the Church in Wales require the issuing of a Faculty by the Chancellor of the Diocese for alterations to a church, churchyard or church furnishings. Advice to the diocese is given by diocesan archaeologists who are normally in contact with their local HERs. DAC advisors are sometimes a member of staff within a local authority historic environment service. Other denominations have similar schemes. In Scotland internal alterations to listed churches are exempt from the need to obtain listed building consent, although external alterations still require consent. The Church of Scotland refers decisions about internal alterations to its Committee of Artistic Matters, the Scottish Episcopal Church refers internal alterations to its Diocesan Advisory Committee, and internal alterations to Catholic churches are the responsibility of individual priests. Many Scottish churches were built after the Reformation on new sites, off the sites of the pre-Reformation churches and cemeteries. Most pre-Reformation cemeteries are maintained by the local authorities, but the law is complex regarding ownership of these cemeteries. Some of the pre-Reformation church and cemetery sites are scheduled ancient monuments.
Churches and other religious buildings may be listed but alterations or building works may also be controlled by special codes of practice. For example, the Church of England and the Church in Wales require the issuing of a Faculty by the Chancellor of the Diocese for alterations to a church, churchyard or church furnishings. Advice to the diocese is given by diocesan archaeologists who are normally in contact with their local HERs. [DAC|Glossary#DAC|target='_blank'] advisors are sometimes a member of staff within a local authority historic environment service. Other denominations have similar schemes. In Scotland internal alterations to listed churches are exempt from the need to obtain listed building consent, although external alterations still require consent. The Church of Scotland refers decisions about internal alterations to its Committee of Artistic Matters, the Scottish Episcopal Church refers internal alterations to its Diocesan Advisory Committee, and internal alterations to Catholic churches are the responsibility of individual priests. Many Scottish churches were built after the Reformation on new sites, off the sites of the pre-Reformation churches and cemeteries. Most pre-Reformation cemeteries are maintained by the local authorities, but the law is complex regarding ownership of these cemeteries. Some of the pre-Reformation church and cemetery sites are scheduled ancient monuments.
At line 39 changed one line
In England and Wales changes are anticipated following the Government's consultation ''[The Review of Heritage Protection: The Way Forward|http://www.architecture.com/Files/RIBAHoldings/PolicyAndInternationalRelations/Policy/PublicAffairs/DCMSHeritageReview.pdf] (DCMS 2004) and Protection of historical assets in Wales: a consultation paper'' (National Assembly for Wales: Welsh Assembly Government 2003). 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.
At line 49 added 2 lines
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']''.
At line 47 changed one line
__''[Ancient Monuments and Archaeological Areas Act 1979|http://www.legislation.gov.uk/ukpga/1979/46]''__: [[Applies to UK (although Part II pertaining to archaeological areas was never introduced in Wales or Scotland)]. Consolidates earlier legislation on the definition and protection of scheduled monuments and authorisation of works affecting scheduled monuments. Also provides for rescue excavation in designated areas of archaeological importance.
__''[Ancient Monuments and Archaeological Areas Act 1979|Bibliography#Ancient Monuments and Archaeological Areas Act 1979|target='_blank']''__: [[Applies to UK (although Part II pertaining to archaeological areas was never introduced in Wales or Scotland)]. Consolidates earlier legislation on the definition and protection of [scheduled monuments|Glossary#SM|target='_blank'] and authorisation of works affecting scheduled monuments. Also provides for rescue excavation in designated areas of archaeological importance.
At line 49 changed one line
__''[Planning (Listed Buildings and Conservation Areas) Act 1990|http://www.legislation.gov.uk/ukpga/1990/9]''__: [[England and Wales] Covers the designation of listed buildings and conservation areas and the authorisation of works by local planning authorities.
__''[Planning (Listed Buildings and Conservation Areas) Act 1990|Bibliography#Planning (Listed Buildings and Conservation Areas) Act 1990|target='_blank']''__: (England and Wales) Covers the designation of [listed buildings|Glossary#Listed Building|target='_blank'] and [conservation areas|Glossary#Conservation Area|target='_blank'] and the authorisation of works by local planning authorities.
At line 51 changed one line
__''Planning (Listed Buildings and Conservation Areas) Scotland Act 1970''__: [[Scotland] Covers the designation of buildings of special architectural or historic interest ‘with a view to the guidance of planning authorities in the performance of their functions under this Act'.
__''[Historic Environment (Wales) Act 2016|Bibliography#Historic Environment (Wales) Act 2016|target='_blank']''__ augments the ''Ancient Monuments and Archaeological Areas Act 1979'' and the ''Planning (Listed Buildings and Conservation Areas) Act 1990'' 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 Welsh HERs.
At line 53 changed one line
__''[Protection of Military Remains Act 1986|http://www.legislation.gov.uk/ukpga/1986/35]''__: [[UK] Requires a licence to be obtained to disturb the remains of crashed military aircraft
__''[Planning (Listed Buildings and Conservation Areas) Scotland Act 1997|Bibliography#Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997|target='_blank']''__: (Scotland) Covers the designation of buildings of special architectural or historic interest ‘with a view to the guidance of planning authorities in the performance of their functions under this Act'.
At line 55 changed one line
__''[Protection of Wrecks Act 1973|http://www.legislation.gov.uk/ukpga/1973/33]''__: [[UK] covers the designation and protection of wrecks of historical, archaeological or artistic importance in UK territorial waters. Section 2 covers dangerous cargoes.
__''[Protection of Military Remains Act 1986|Bibliography#Protection of Military Remains 1986|target='_blank']''__: (UK) Enables the designation and licensing of vessels lost in military service. Also requires a licence to be obtained to disturb the remains of all crashed military aircraft, both on land and at sea.
At line 57 changed one line
__''National Heritage Act [1983|http://www.legislation.gov.uk/ukpga/1983/47], [2002|http://www.legislation.gov.uk/ukpga/2002/14]''__: [[England] The 1983 Act established the Historic Buildings and Monuments Commission (known as English Heritage) and delegated the functions of scheduling of ancient monuments and listing of historic buildings. The [National Heritage Act 2002|http://www.legislation.gov.uk/ukpga/2002/14], took effect on 1 July 2002, and broadens the powers of English Heritage in two ways. It allows English Heritage to become involved in underwater archaeology in English territorial water and to trade in overseas countries.
__''[Protection of Wrecks Act 1973|Bibliography#Protection of Wrecks Act 1973|target='_blank']''__: (England, Wales and Northern Ireland) Covers the designation and licensing of wrecks of historical, archaeological or artistic importance in territorial waters. Section 2 covers dangerous cargoes.
At line 59 changed one line
*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.
__''[Marine (Scotland) Act 2010|Bibliography#Marine (Scotland) Act 2010|target='_blank']''__: (Scotland) Part 5 applies to the designation and licensing of Historic Marine Protected Areas (HMPAs).
At line 71 added 3 lines
__''[National Heritage Act 1983|Bibliography#National Heritage Act 1983|target='_blank'], [2002|Bibliography#National Heritage Act 2002|target='_blank']''__: (England) The 1983 Act established the Historic Buildings and Monuments Commission (known as English Heritage) and delegated the functions of scheduling of ancient monuments and listing of historic buildings. The [National Heritage Act 2002|Bibliography#National Heritage Act 2002|target='_blank'], took effect on 1 July 2002, and broadened the powers of English Heritage in two ways. It allowed English Heritage to become involved in underwater archaeology in English territorial water and to trade in overseas countries. These powers have now been transferred to Historic England.
* 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.
At line 63 changed one line
__''[Town and Country Planning Act 1990|http://www.legislation.gov.uk/ukpga/1990/8]''__: [[England and Wales] The principal instrument of town and country planning law, setting out the requirement for local authorities to prepare development plans.
__''[Town and Country Planning Act 1990|Bibliography#Town and Country Planning Act 1990|target='_blank']''__: [[England and Wales] The principal instrument of town and country planning law, setting out the requirement for local authorities to prepare development plans.
At line 65 changed one line
__''[Town and Country Planning (Scotland) Act 1997|http://www.legislation.gov.uk/ukpga/1997/8]''__: [[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]__.
At line 67 changed one line
__''[Treasure Act 1996|http://www.legislation.gov.uk/ukpga/1996/24]''__: [[England and Wales]: Replaced the common law of treasure trove and defines treasure and the reporting procedures. It introduced the voluntary recording of archaeological finds not defined as treasure.
__''[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.
__''[Treasure Act 1996|Bibliography#Treasure Act 1996|target='_blank']''__: [[England and Wales]: Replaced the common law of treasure trove and defines treasure and the reporting procedures. It introduced the voluntary recording of archaeological finds not defined as treasure.
At line 69 changed one line
The Treasure Act 1996 Code of Practice (Revised) 2002 [[England and Wales] updates the Code of Practice first issued in 1997. The Code sets out the guidelines to be followed by the Secretary of State when considering whether or not treasure should be offered to a museum or to the finder or to any other person, when determining a reward and when deciding whether to disclaim the Crown's title to treasure. It also provides guidance for finders, museums, coroners and others who are concerned with treasure.
[The Treasure Act 1996 Code of Practice (Revised) 2002 (England and Wales)|Bibliography#DCMS 2000|target='_blank'] updates the Code of Practice first issued in 1997. The Code sets out the guidelines to be followed by the Secretary of State when considering whether or not treasure should be offered to a museum or to the finder or to any other person, when determining a reward and when deciding whether to disclaim the Crown's title to treasure. It also provides guidance for finders, museums, coroners and others who are concerned with treasure.
At line 73 changed one line
__''[Merchant Shipping Act 1995|http://www.legislation.gov.uk/ukpga/1995/21]''__: [[UK] Replaced earlier legislation and covers the reporting and ownership of salvage from wrecks.
__''[Merchant Shipping Act 1995|Bibliography#Merchant Shipping Act 1995|target='_blank']''__: [[UK] Applies to the reporting and ownership of wreck.
At line 90 added one line
At line 77 changed one line
__''[Town and Country Planning (General Permitted Development) Order 1995|http://www.legislation.gov.uk/uksi/1995/418/made]''__: [[England and Wales] Defines a site of archaeological interest as a site registered in an SMR adopted by a local authority.
__''[Town and Country Planning (General Permitted Development) Order 1995|Bibliography#Town and Country Planning (General Permitted Development) Order 1995|target='_blank']''__: [[England and Wales] Defines a site of archaeological interest as a site registered in an SMR adopted by a local authority.
At line 79 changed one line
__''[Town and Country Planning (General Permitted Development) (Scotland) Order 1992|http://www.legislation.gov.uk/uksi/1992/223/made]''__: Defines a site of archaeological interest as a site which has been included in a Sites and Monuments Record held by any local authority before the coming into force of this Order;
__''[Town and Country Planning (General Permitted Development) (Scotland) Order 1992|Bibliography#Statutory Instruments 1992|target='_blank']''__: Defines a site of archaeological interest as a site which has been included in a Sites and Monuments Record held by any local authority before the coming into force of this Order;
At line 81 changed one line
__''[Ecclesiastical Exemption (Listed Buildings and Conservation Areas) Order 1994|http://www.legislation.gov.uk/uksi/1994/1771/made]''__: [[England and Wales] Exempts buildings in use for religious purposes by specific denominations from the local authority planning process where acceptable procedures for controlling works are in place.
__''[Ecclesiastical Exemption (Listed Buildings and Conservation Areas) Order 1994|Bibliography#Ecclesiastical Exemption (Listed Buildings and Conservation Areas) Order 1994|target='_blank']''__: [[England and Wales] Exempts buildings in use for religious purposes by specific denominations from the local authority planning process where acceptable procedures for controlling works are in place.
At line 83 changed one line
__''[Ancient Monuments (Class Consents) Order 1994|http://www.legislation.gov.uk/uksi/1994/1381/made]''__: [[UK] and Ancient Monuments (Class Consents) (Scotland) Order 1996: Permit specific works to scheduled monuments.
__''[Ancient Monuments (Class Consents) Order 1994|Bibliography#Statutory Instruments 1994|target='_blank']''__: [[UK] and Ancient Monuments (Class Consents) (Scotland) Order 1996: Permit specific works to scheduled monuments.
At line 85 changed one line
__''[Hedgerow Regulations 1997|http://www.legislation.gov.uk/uksi/1997/1160/made]''__: [[England and Wales] Aims to control the removal of important hedgerows through a system of prior notification. This specifically mentions hedgrows included in the local SMR.
__''[Hedgerow Regulations 1997|Bibliography#DoE 1997|target='_blank']''__: [[England and Wales] Aims to control the removal of important hedgerows through a system of prior notification. This specifically mentions hedgrows included in the local SMR.
At line 87 removed one line
__England: Planning guidance issued by the DCLG (formerly ODPM, formerly DETR, formerly DoE)__
At line 89 changed one line
__''PPG 9, 1994''__: [[England] Guidance on nature conservation and land use planning.
__England: Planning guidance issued by Ministry of Housing, Communities and Local Government ([MHCLG|Glossary#MHCLG])__
At line 91 changed one line
__''PPG 12, 1992''__: [[England] Covers the preparation of development plans by local authorities including the role of environmental assessments in plan preparation.
__''[NPPF 2018|Bibliography#Ministry of Housing, Communities and Local Government 2018a|target='_blank']''__: (England). The National Planning Policy Framework sets out the Government’s planning policies for England and how these are expected to be applied. It sets out the Government’s requirements for the planning system only to the extent that it is relevant, proportionate and necessary to do so. It provides a framework within which local people and their accountable councils can produce their own distinctive local and neighbourhood plans, which reflect the needs and priorities of their communities. The NPPF is supported by [Planning Practice Guidance|Glossary#Planning Practice Guidance].
At line 93 changed one line
__''PPG 15, 1994''__: [[England] Explains the role of the planning system in the protection of historic buildings, conservation areas and other elements of the historic environment.
__''[Planning Practice Guidance 2018|https://www.gov.uk/government/collections/planning-practice-guidance|target='_blank']''__: (England) adds further context to the National Planning Policy Framework (NPPF) and it is intended that the two documents should be read together. There are 42 pieces of guidance, with key topics including what should be included in Local Plans, renewable and low carbon energy and on [Conserving and Enhancing the Historic Environment|https://www.gov.uk/guidance/conserving-and-enhancing-the-historic-environment|target='_blank'].
At line 95 removed one line
__''PPG 16, 1990''__: [[England] Advises on assessing the archaeological implications of development and early consultation with SMRs in assessing the impact of planning applications.
At line 97 changed one line
__''PPG 20, 1993''__: [[England] Sets out policy for coastal areas and gives guidance on the Heritage Coast.
__Scotland: planning guidance issued by the Scottish Government__
At line 99 changed one line
__Scotland: planning guidance issued by the Scottish Executive__
__''[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.
At line 101 changed one line
__[''SPP1, 2002''__: (Scotland)|http://www.scotland.gov.uk/Publications/2002/11/15751/12817]: 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.
__''[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.
At line 103 changed one line
__[''NPPG 18, 1999''__: (Scotland)|http://www.scotland.gov.uk/Publications/1999/04/nppg18/]: 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.
__''[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.
At line 105 changed one line
__''NPPG 5, 1994''__: [[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.
__''[Historic Environment Scotland Policy Statement 2016|https://www.historicenvironment.scot/advice-and-support/planning-and-guidance/legislation-and-guidance/historic-environment-scotland-policy-statement/]''__: guides the operation of decision making in the Scottish planning system. It sets out how Historic Environment Scotland fulfils its regulatory and advisory roles and how it expects others to interpret and implement Scottish Planning Policy.
At line 107 changed one line
__''PAN 42, 1994''__: 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.
__''[Our Place in Time - The Historic Environment Strategy for Scotland|https://www.historicenvironment.scot/advice-and-support/planning-and-guidance/legislation-and-guidance/historic-environment-scotland-policy-statement/]''__
At line 123 added one line
At line 111 changed one line
__''['Planning Policy Wales', Edition 4, February 2011|http://wales.gov.uk/topics/planning/policy/ppw/?lang=en]''__: [[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] (Wales) needs password access (TANs). Procedural guidance for the historic environment is given in Welsh Office / National Assembly for Wales circulars.
__''['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.
At line 113 changed one line
__''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.
__''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).
At line 115 changed one line
__''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 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).
At line 117 removed one line
__Voluntary Codes of Practice__
At line 119 removed one line
__''Code of Practice for Seabed Developers: Joint Nautical Archaeology Policy Committee, 1995''__: [[UK] Encourages seabed developers to seek advice on maritime archaeological potential in line with overall assessment of a development's environmental impact.
At line 121 changed one line
__''Code of Practice for Treasure Act, DCMS, 1996''__: [[England and Wales] A voluntary programme to record archaeological objects not covered by the provisions of the Treasure Act.
__Voluntary Codes of Practice__
__''[Code of Practice for Treasure Act, DCMS, 1996|Bibliography#DCMS 2000|target='_blank']''__: (England and Wales) A voluntary programme to record archaeological objects not covered by the provisions of the Treasure Act.
This page (revision-86) was last changed on 25-Sep-2018 15:48 by Staffordshire Historic Environment RecordTop