New heritage legislation
The 100 year anniversary of the first true heritage legislation is marked by new heritage planning provisions within the Enterprise and Regulatory Reform Act 2013. These relate to both heritage designation and protection and will assist in bringing greater certainty for those managing and promoting change.
The new provisions have emerged from a combination of ideas from the previously shelved Heritage Bill, the Penfold Review and initiatives proposed by the Department for Business, Innovation & Skills in its consultation on regulatory reform. Widespread consultation in the sector has refined the provisions, the introduction of which will vary in timescale given the need in some instances for secondary legislation.
The notable new heritage provisions are:
New heritage partnership agreements
The long trailed idea of agreements for individual buildings or complexes, entered into between local planning authorities and owners to set out works for which listed building consent is in effect ‘pre-granted’, now have legal force. The new agreements can grant consent for specified works; specify conditions and specify those works not requiring consent.
New list entry descriptions
The extent of protection of a listed building can be better defined by excluding attached buildings and structures and those within the curtilage of the principal listed building from protection. It is also now possible to state definitively and with legal force that some features of a listed building are not of special architectural or historic interest.
Revised certificates of immunity from listing
New provisions allow for a certificate of immunity from listing to be applied for at any time and not be related to a planning application.
New national and local listed building consent orders
A new system of both local and national class consents are possible under which works of alteration and/or extension described in the relevant class consent order will not need listed building consent. The Secretary of State may seek to approve local orders and there are provisions for compensation where an order is subsequently revoked and consent granted subject to conditions, or refused. Local planning authorities must report at least annually on the extent to which any local order is achieving its purposes.
New certificates of lawful proposed works
A new certificate of lawful proposed works is introduced (valid for ten years) that categorically confirms that the works described in it do not affect the character of the listed building and do not therefore require consent. As now, works will be lawful if they would not affect the character of the listed building as a building of special architectural or historic interest; the certificate process allows for legally-binding confirmation from the local planning authority. If such an application for a certificate is not determined within a prescribed timescale or is refused, there is a right of appeal to the Secretary of State.
Conservation area consent is replaced with planning permission
Conservation area consent will no longer be required for demolition or substantial demolition of buildings in a conservation area which instead will now fall under planning control. The legal penalties for unauthorised demolition are carried over through the Act and it will be a criminal offence to demolish a building in a conservation area without planning permission. There is no time limit for when enforcement action may be taken.
We are monitoring the introduction of the key provisions and will be providing advice to our clients regarding the opportunities that they present for greater certainty and clarity in managing and promoting change involving heritage assets.
Roger Mascall
Director of Heritage
020 7851 4010
[email protected]
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