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A.5 Local authorities and planning#

One of the reasons why local authorities maintain records of the archaeological, built and natural environment is to regulate development and the use of land and to protect and enhance the environment of their local area. The implications of development proposals on the historic environment are assessed against the HER and specialist advice is given to development control officers within the local planning authority.

A.5.1 Development plans#

Structure, local and unitary development plans are the main way that local authorities make sure that their conservation policies are integrated with other planning policies. Archaeology, buildings and natural environment information services should be consulted during the preparation of plans in line with PPG 12 (DoE 1992a) and Planning Policy Wales (see Panel 1). In Scotland SPP1 (Scottish Executive 2002) states that one of the primary objectives of the planning system is “to maintain and enhance the quality of the natural heritage and built environment” (para.4), that planning should encourage sustainable development by conserving important historic and cultural assets (para. 7), and that the National Planning Policy Guidelines are a material consideration in development control (para. 51) – archaeology is covered by NPPG 5, whilst NPPG 18 covers the Historic Environment. In particular, development plans should make reference to the existence of the HER and both Local Plans and Unitary Development Plans should state that the HER will be used in the assessment of development proposals. English Heritage has published guidance on conservation policies in both strategic and local plans in England (English Heritage 1993). No equivalent existed in Scotland at the time of writing.

In September 2004, the Planning and Compulsory Purchase Act came into force. This requires Local Planning Authorities in England and Wales to have a Local Development Framework in place by Spring 2007. These will replace the existing system of Unitary Development Plans, Local Plans and Structure Plans. A Guide for Heritage Groups on Local Development Frameworks is available on the Heritage Alliance web site. In Wales Local Planning Authorities will be required to prepare and maintain up to date development plans which are to be called local development plans (Planning: Delivering for Wales – Initial Guidance Note on Implications For Development Plans In Wales of The Planning And Compulsory Purchase Act (Revised Version October 2004) (National Assembly for Wales: Welsh Assembly Government 2004)).

Other plans and strategies#

Local authorities also issue other plans, strategies and planning guidance, for example estuary management plans, minerals and waste plans, and rural strategies. Although some of these plans are not statutory, they do have significance and receive careful consideration from both planning authorities and planning inspectors (England and Wales)/ Inquiry Reporters (Scotland).

A.5.2 Planning advice#

The information contained in HERs is used to form the basis of professional advice about the implications of proposed developments on the cultural heritage. This advice is given in the context of the planning guidance notes outlined below.

Planning and archaeology#

England: Planning Policy Guidance Note (PPG) 16 Archaeology and Planning (DOE 1990a) pulls together and expands existing advice within the current legislative framework. Planning authorities are recommended to make full use of the expertise of the county archaeological officer and to compile and maintain an HER as the basis for assessing the archaeological implications of development. Early consultation with county archaeological officers and the HER is recommended to reduce potential conflicts between the needs of development and archaeology.
Scotland: National Planning Policy Guidance (NPPG) 5 Archaeology and Planning: (SDD 1994a) contains broadly similar recommendations. It sets out the Scottish Executive's planning policy on how archaeological remains and discoveries should be handled under the development plan and development control systems, including the weight to be given to them in planning decisions and the use of planning conditions. More detailed advice on planning procedures and the separate controls over scheduled monuments is given in the associated Planning Advice Note (PAN) 42 Archaeology - the Planning Process and Scheduled Monument Procedures (SDD 1994b)
Wales: Planning Policy Wales (Welsh Government 2011), and Welsh Office Circular 60/96 Planning and the Historic Environment: Archaeology (Welsh Office 1996b): pull together and expand existing advice within the current legislative framework. Planning authorities are recommended to make full use of the expertise of the regional archaeological services provided by the Welsh Archaeological Trusts and where appropriate their own archaeological officers and to adopt or maintain an HER as the basis for assessing the archaeological implications of development. Early consultation with archaeological advisors and the HER is recommended to reduce potential conflicts between the needs of development and archaeology.

Development Plans#

England: PPG12 Development Plans and Regional Planning Guidance (DoE 1992a) provides guidance for the preparation of the various development plans and requires local planning authorities to take account of concerns for conservation of the environment and the built and archaeological heritage. There is no Scottish equivalent – see references to SPP1 above in Development Plans.
Wales: Planning Policy Wales (Welsh Government 2011) provides guidance for the preparation of the various development plans and requires local planning authorities to take account of concerns for conservation of the environment and the built and archaeological heritage.

Planning and the historic environment#

England: PPG15 Planning and the Historic Environment (DOE 1994a) provides a full statement of government policies for the identification and protection of historic buildings, conservation areas and other elements of the historic environment.
Scotland: NPPG 18 Planning and the Historic Environment (SDD 1999); deals primarily with listed buildings, conservation areas, world heritage sites, historic gardens, designed landscapes and their settings. The primary source of guidance on the Scottish Ministers' interests and responsibilities in relation to listed buildings and conservation areas is provided in the Memorandum of Guidance on Listed Buildings and Conservation Areas (revised 1998)
Wales: Planning Policy Wales (Welsh Government 2011), Welsh Office Circular 60/96 Planning and the Historic Environment: Archaeology (Welsh Office 1996b) and and Welsh Office Circular 61/96 Planning and the Historic Environment: Historic Buildings and Conservation Areas (Welsh Office 1996b): provide a full statement of Welsh Government policies for the identification and protection of historic buildings, conservation areas and other elements of the historic environment.

In addition to the above, the value of HERs is recognised in a number of other Acts and government policy statements (see Panel 1) except in Scotland where the only reference to SMRs may be found in Planning Advice Note (PAN) 42 (SDD 1994b), paras. 12-15.

The journey from PPG 15 and 16 to the National Planning Policy Framework.#

Planning Policy Statement 5 replaced Planning Policy Guidance Notes 15 and 16 applied to all planning decisions affecting “Heritage Assets” taken after 23 March 2010.

English Heritage simultaneously published their “Historic Environment Planning Practice Guide” which was mentioned in Paragraph 1 of PPS5 which says:

“Guidance to help Practitioners implement this policy, including the legislative requirements that underpin it, is provided in Planning for the Historic Environment Practice Guide.”

Underpinning the new policy guidance is the concept of “Heritage Asset”, which is defined:

“A building, monument, site, place, area or landscape positively identified as having a degree of significance meriting consideration in planning decisions. Heritage Assets are the valued components of the historic environment. They include Designated Heritage Assets (as defined in this PPS) and assets identified by the Local Planning Authority during the process of decision-making or through the plan-making process (including local listing).”

The final version of the National Planning Policy Framework was published, with immediate effect, on 27 March 2012. The withdrawn documents are listed at NPPF Annex 3, and include most, but not all, PPSs and PPGs, plus a range of other guidance documents, letters etc. It is however a ‘Framework’ and will not stand alone.

For the moment, English Heritage have been advised that the “Historic Environment Planning Practice Guide” still stands.

Adoption of the HER by the local authority#

In England and Wales, HERs will normally be adopted by resolution by their local authority in line with the Town and Country Planning (General Permitted Development) Order 1995 (see Panel 1). In the absence of statutory status for HERs, adoption goes some way towards ensuring the continuance of HER services and provides a useful way of explaining their importance to councillors.