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DCMS white paper coverage

Heritage Protection White Paper

Published on 8 March, Heritage protection for the 21st century is the long awaited outcome of the English and Welsh Heritage Protection Review. The White Paper presents distinct proposals for Wales and England, reflecting the differences that exist in the organisation of heritage protection and the development of statutory lists. The White Paper forshadows the Assembly's use of its powers under the 2006 Government of Wales act to develop secondary legislation for Wales following a bill in the 2007-8 parliamentary session.
    Cadw explains the intention for all heritage designations in Wales — listed buildings, ancient monuments, parks and gardens (and possibly historic battlefields) in a single register of historic buildings and sites. The criteria for selection for listing will be reviewed, though are unlikely to see major changes, but there will be new"non-statutory selection guides, particularly in relation to post-war structures and industrial remains, to help guide further designations and aid understanding and appreciation by setting out a context for particular building types. The existing gradings for listed buildings will be retained but may be clarified.
   There will be new formal consultation processes for consultation with owners of sites considered for listing and a new statutory right of appeal against designation decisions.
   There will be only limited changes to the consents regime. However, for the first time listing of parks and gardens will be part of the register, albeit with no additional protection apart from new consultation procedures in respect of relevant planning applications.
   New, however, will be powers to bring non-listed "locally important" buildings designated by councils within demolition control, in recognition of community concern at the loss of local landmark buildings which have not been listed. Councils will therefore be encouraged to develop their own local lists.
   The paper also forshadows a review of ecclesiastical exemptions from secular controls and the adoption of heritage partnership agreements to manage listed sites and buildings. Cadw also announces its intention to encourage the development of characterisation work in town and country to help manage historic environments in ways that preserve local distinctiveness.
   The white paper also signals consultation on issues not part of the review.

These are

• Should Conservation Area Consent be removed as a specific consent and merged with planning permission?  The merger would be combined with amendments to the Demolition Direction to ensure planning permission for the demolition of an unlisted building in a conservation area and amendments to the General Permitted Development Order to reinstate levels of protection pre-Shimizu.
• As a means of promoting early consideration of heritage issues in large-scale developments, should there be new statutory guidance promoting pre-application investigation and discussion for all major planning applications which may affect historic assets?
• As a means of providing greater certainty to developers, should the current operation of Certificates of Immunity be expanded to enable an application to be made at any time, and for a site as well as an individual building?

The paper also contains UK wide proposals for the protection of the maritime heritage.

March 11 2007