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

The following Planning guidance 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
  • Significance
  • Policy requirements to consider heritage in determining planning applications
  • Interpretation of heritage requirements by the courts
  • Action by Local Government Ombudsman

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.

'Setting'

The setting of a heritage asset is defined in the National Planning Policy Framework (NPPF) as ‘the surroundings in which a heritage asset is experienced. Its extent is not fixed and may change as the asset and its surroundings evolve. Elements of a setting may make a positive or negative contribution to the significance of an asset, may affect the ability to appreciate that significance or may be neutral’.

Planning Practice Guidance (PPG) further explains that:

‘The extent and importance of setting is often expressed by reference to the visual relationship between the asset and the proposed development and associated visual/physical considerations. Although views of or from an asset will play