New PPS15 on the Historic Environment
A new joined up approach
The Government published a consultation paper on 24 July 2009 seeking views on a proposed new PPS 15 on the historic environment. The new PPS brings together policies on archaeology, historic areas, buildings and landscapes. This is in contrast to the existing approach of having separate planning policy guidance notes for historic buildings, listed building control and conservation area control in PPG 15 and for archaeology in PPG16.
The new PPS will replace Planning Policy Guidance Notes 15 (Planning and the Historic Environment, published in September 1994) and 16 (Archaeology and Planning, published in November 1990). The consultation period closes on 30 October 2009.
A heritage asset
The new PPS15 introduces a new concept of a ‘heritage asset’. This is a part of the historic environment which has significance because of its historic, archaeological, architectural or artistic interest. A heritage asset may be of such significance that it justifies official designation in which case particular procedures will apply to development decisions that relate to this type of asset. PPS15 states that it will also apply to “heritage assets that are not currently designated or are not capable of designation under current legislation but which have a level of interest which should be conserved and, where appropriate, enhanced”.
This is causing concern amongst practitioners who worry that this could lead to a lack of certainty over the level of protection required for parts of the historic environment that are not designated. This could potentially lead to more appeals if developers submit applications assuming that a low level of protection is required as there is no designation but local authorities decide that protection is nonetheless required under PPS15.
In particular, what is meant by ‘artistic interest’ is not clear as it is not currently defined in planning legislation and is therefore open to wide interpretation. PPS 15 attempts to provide a basic definition saying “artistic interest is an interest in other human creative skill, like sculpture” but this arguably sufficiently imprecise to give rise to much debate when developers and local authorities try to apply this policy in practice.
The Government is keen that the historic environment is seen as an asset to be cherished and valued rather than as an obstacle to development. It calls on local authorities to “set out a positive, proactive strategy for the conservation, enhancement and enjoyment of the historic environment in their area”. The draft PPS emphasises the need to decide on the significance of each heritage asset and suggests that this should be done based on its value to people now and in the future as a result of its heritage interest. That assessment should help to clarify which aspects of a heritage asset it is important to try to conserve rather than a blanket approach of trying to conserve all of the historic environment. The greater the significance of a heritage asset, the greater the presumption will be in favour of preserving it.
Evidence base
It is important to make sure that there are sufficient information and evidence bases available for local authorities to be able to take full account of the historic environment and the significance of heritage assets both when they are formulating plans at local level such as local development documents and also when they are deciding planning applications. The draft PPS acknowledges that there will be a cost to local authorities in creating and maintaining records of the historic environment but considers that this cost will be balanced by a reduction in inappropriate applications as a result of clearer policy making. It also makes it clear that local authorities must have access to expert advice on the historic environment in order to do their job.
Permitted development rights
The draft PPS considers that the use of permitted development rights may conflict with the aim of conservation and enhancement of the historic environment and advises that where local authorities believe this may occur they should consider the use of an article 4 direction removing permitted development rights for either a single heritage asset, a class of heritage assets or for an entire area if necessary.
Submitting an application involving a heritage asset
When an applicant submits a planning application which affects a heritage asset, PPS15 proposes that they should provide a description of the significance of the heritage asset and the contribution of its setting to that significance. In order to do, so the applicant will have to consult the historic environment record and should also record the information that they have considered in coming to their assessment and the opinion of any expert who has been consulted. The planning application will not be validated if the full impact of the development on the heritage assets cannot be properly understood from the application documents.
Guidance from English Heritage
English Heritage have issued detailed guidance called the ‘Historic environment practice guidance’ to accompany the new policy document urging Councils and developers alike to use the distinctive character of the historic environment to stimulate and inspire new buildings and development of imaginative and high quality design.
This article was first published in the Property Law Journal on 28 August 2009.
