Heritage policy

Heritage policy

Heritage issues in determining planning applications

Statutory duty in England

Section 66(1) 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'. Similarly, P(LBCA)A 1990, s 72 requires LPAs or the Secretary of State, when considering any planning application that affects a conservation area, to pay special attention to the desirability of preserving or enhancing the character or appearance of that area. Chapter 16 of the National Planning Policy Framework (NPPF) sets out considerations in determining planning applications which affect heritage assets.

Heritage assets are either:

•
designated heritage assets, defined in the NPPF as comprising 'a World Heritage Site, Scheduled Monument, Listed Building, Protected Wreck Site, Registered Park and Garden, Registered Battlefield or Conservation Area designated under the relevant legislation', or
•
non-designated heritage assets

See Practice Note:

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

TAKE A FREE TRIAL

Latest Planning News

Chief Planner’s planning update newsletter for November 2025 published

The Chief Planner, Joanna Averley, has published the planning update newsletter for November 2025, written for chief planning officers at local planning authorities (LPAs). The newsletter outlines reforms announced by the Housing Secretary to accelerate development near well-connected train and tram stations, including minimum density standards and changes to call-in procedures, such as removing mandatory public inquiries for called-in applications. It also invites responses to MHCLG’s consultation on statutory consultee reforms—proposals include removing Sport England, the Gardens Trust and Theatres Trust from the statutory list—with feedback due by 13 January 2026. LPAs are reminded to update their plan preparation timetables and publish Infrastructure Funding Statements by 31 December 2025. The newsletter highlights the opening of applications for the Pathways to Planning graduate scheme, offering educational bursaries of £10,000 and potential salary bursaries of £40,000 for authorities with high housing delivery needs. It further announces MHCLG’s Planning Skills and Capacity Survey, with registration closing on 6 December 2025, and provides updates on the Department for Transport’s review of the Airports National Policy Statement. Additional items include changes to Natural England’s statutory advice obligations, new standing advice on air quality, Public Practice’s recruitment training for local government, and the launch of free e-learning modules on coastal planning by the Environment Agency and Town and Country Planning Association.

Welsh Government publishes outcome of consultation on new higher-risk building control regime

The Welsh Government has published a summary of responses and final decisions on proposals for a new building control regime for higher-risk buildings and wider changes to building regulations in Wales, following its March 2025 consultation. Respondents showed strong support across all major areas, particularly dutyholder roles, competence requirements, the golden thread of information, Gateway processes and strengthened enforcement powers. Around 80% of respondents agreed to introducing clear duties for clients, designers, principal designers, contractors and principal contractors, alongside requirements to demonstrate competence and record appointment decisions. Respondents also supported secure, accessible and transferable golden thread information, comprehensive documentation at Gateway 2, mandatory occurrence reporting, strengthened change-control processes and storing information on work in existing higher-risk buildings.

Budget 2025—key Planning announcements

In the Autumn Budget 2025, delivered on 26 November 2025, the Chancellor of the Exchequer, the Rt Hon Rachel Reeves MP, confirmed the government’s commitment to ‘rebuild Britain’. The Budget reinforced the government’s ambitions on housing supply, planning reform, economic growth and regional regeneration. Chrisa Tsompani, partner at Davitt Jones Bould, comments on these measures.

DESNZ publishes response on EV charging infrastructure and planning

The Department for Energy Security and Net Zero (DESNZ) has published the response to section 2 of its call for evidence on solar canopies and electric vehicle (EV) charging (which ran from 7 May 2025 to 18 June 2025), focusing specifically on EV charging infrastructure and planning. The response revealed that the vast majority of respondents supported simplifying the installation process for EV chargepoints. There was also broad support for extending Permitted Development Rights (PDRs) for EV charging and for providing enhanced training and guidance for both industry professionals and local authority officers.