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'. The courts have held that this duty requires decision-makers to give 'considerable importance and weight' or 'high priority' to the desirability of preserving listed buildings and their settings. See Heritage issues in determining planning applications—Interpretation of heritage requirements by the courts below for more information.

P(LBCA)A 1990, s 72 contains similar requirements with respect to buildings or land in a conservation area. It imposes a duty when considering whether to grant planning permission for development which affects a conservation area to pay ‘special attention’ to the desirability of preserving or enhancing the character or appearance of that 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

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