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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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*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 Wales responsibility for the heritage is devolved to the Welsh Government (WG) 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.
*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.
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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 ([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).
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Central government ([DCMS|Glossary#DCMS|target='_blank'] in England, Historic 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.
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).
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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). 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.
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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 ([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].
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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|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.
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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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__England: Planning guidance issued by the DCLG (formerly ODPM, formerly DETR, formerly DoE)__
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__''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])__
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__''[PPG 12, 1992|Bibliography#DoE 1992a|target='_blank']''__: (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].
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__''[PPG 15, 1994|Bibliography#DoE 1994a|target='_blank']''__: (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'].
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__''[PPG 16, 1990|Bibliography#DoE 1990a|target='_blank']''__: (England) Advises on assessing the archaeological implications of development and early consultation with SMRs in assessing the impact of planning applications.
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__''[PPG 20, 1993|Bibliography#DoE 1992b|target='_blank']''__: [[England] Sets out policy for coastal areas and gives guidance on the Heritage Coast.
__Scotland: planning guidance issued by the Scottish Government__
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__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.
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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.
__''[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 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.
__''[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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__''[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.
__''[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.
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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.
__''[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/]''__
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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.
__''['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 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).
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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 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).
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__Voluntary Codes of Practice__
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__Voluntary Codes of Practice__
This page (revision-86) was last changed on 25-Sep-2018 15:48 by Staffordshire Historic Environment RecordTop