Heritage issues in determining planning applications
Heritage issues in determining planning applications

The following Planning practice note provides comprehensive and up to date legal information covering:

  • Heritage issues in determining planning applications
  • Statutory duty to consider heritage impacts in determining planning applications
  • Heritage policy
  • Heritage policy in England
  • Heritage policy in Wales
  • 'Setting'—England
  • ‘Setting’—Wales
  • Significance
  • Meaning of significance—England
  • Meaning of significance—Wales
  • More...

Statutory duty to consider heritage impacts in determining planning applications

Section 66 of the Planning (Listed Buildings and Conservation Areas) Act 1990 (P(LBCA)A 1990) states that when considering whether to grant planning permission for development which affects a listed building or its setting, the local planning authority (LPA) or Secretary of State 'must have special regard to the desirability of preserving the building or its setting, or any features of special architectural or historic interest which it possesses'. See Practice Note: Listed building regime and listed building consent.

P(LBCA)A 1990, s 72 contains similar requirements with respect to buildings or land in a conservation area. See Practice Note: Conservation areas.

Heritage policy

Heritage policy in England

In England, heritage policy is set out in:

  1. Chapter 16 of the National Planning Policy Framework (NPPF)

  2. Planning Practice Guidance (PPG) on the historic environment

  3. Historic England guidance on ‘The Setting of Heritage Assets’

The NPPF, PPG and Historic England guidance should be taken into account by LPAs in the preparation of their development plans and during the determination of planning applications.

Heritage policy in Wales

Chapter 6.1 of Planning Policy Wales (PPW) covers the historic environment.

Technical Advice Note 24: The Historic Environment (TAN 24) provides guidance on how the planning system considers the historic environment during development plan preparation and decision making on planning and listed building applications. This should be read in conjunction

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