This briefing note covers issues with heritage protection in Wales, the ongoing Heritage Protection Review, and the implications of the Historic Environment (Wales) Act 2016 for members. The Review has substantially improved heritage planning policy and guidance, after much CLA lobbying, but it has not attempted to solve the biggest problem, the lack of heritage resource in Welsh local authorities.
This article examines Class Q development regulations – the change of use of an agricultural building to a dwelling, and recent case law. By CLA Head of Planning Policy Fenella Collins
Enabling development is development (often housing development) which would normally be argued to be 'unacceptable', but which becomes acceptable because it rescues heritage at risk. Historic England (HE) advice on enabling development has always been very negative, putting a long series of hurdles in the way.
This is a CLA response to the Department for Business Energy and Industrial Strategy (BEIS) Green Paper on an Industrial Strategy.
As background the Industrial Strategy represents the governments flagship policy for increasing growth and productivity. The green paper available here sets out 10 pillars which government have identified as key to delivering future growth. Government seem to be placing significant importance on the strategy and BEIS for growing the economy.
The consultation covers several key areas at a high level and the CLA has responded to highlight the importance of the rural economy and how the strategy might deliver increased productivity from the rural business through the ten pillars. It is important that CLA engage with BEIS to ensure future improvements in rural productivity and growth are supported through the strategy especially given that delivery of an industrial strategy will be an ongoing process with potential for sector stakeholders to collaborate with government to create sector deal with tourism being one example.
The key messages CLA are highlighting in our response are outlined below although a number of issues are raised in response to specific questions set out in the consultation
- The importance of the rural economy and the need for the strategy to deliver growth and increased productivity for rural areas and businesses
- The importance of planning in delivering economic activity particularly highlighting how planning restricts rural growth and economic development
- The need for more collaboration between government departments and rural proofing of policy
- The need for local institutions to have proper regard and representation of the rural economy if they are going to have increasing importance in setting the growth agenda
As CLA members are well aware, agriculture and regulatory change has made almost all traditional farm buildings redundant, but it is very difficult to get planning permission to convert them sympathetically to new ones. This is leaving hundreds of thousands of buildings unused and in decay. The CLA response to this consultation generally welcomes this new draft Historic England advice, which understands the problem, points out that in most cases buildings if not adapted to new uses will be lost from the landscape, and provides good advice on adaptation and maintenance.
‘Curtilage listing’ can invisibly extend listed building protection to other surrounding buildings and structures, even if they are not mentioned in the official list description. For obvious reasons this can cause considerable confusion for owners and local authorities, confusion exacerbated by a lack of guidance and an inaccurate but widely-promulgated view that ‘curtilage listing’ is impossibly complicated. This has become a standard criticism of listed building legislation and of the heritage protection system as a whole. In 2016, after many years of CLA and other lobbying, Historic England published advice on this which for the first time clarified what 'curtilage listing' covers and what it does not. In early 2017 however HE withdrew its advice and consulted on a watered-down version. This CLA response stresses the importance of clear advice from Historic England, both on whether or not a structure is a curtilage structure, and the implications if it is.
This Briefing Note provides a very brief summary about the changes made to the Planning Act 2008 by section 60 of the Housing and Planning Act 2016, meaning that housing can be included in an application for new Nationally Significant Infrastructure Projects (NSIPs).
The current listed building consent system is failing, mainly because governments have failed to fund the expert local authority resourcing it requires. Thi
In the 2012 Budget Statement it was announced by the Chancellor that he intended
to introduce new tax charges to counter tax avoidance on the transfer of
high-value residential property.
The Enterprise and Regulatory Reform Bill includes a number of small amendments to current heritage legislation. This CLA evidence to the Public Bill Commit