Memorandum submitted by the English Historic
Towns Forum (EHTF)
1. GENERAL
1.1 The English Historic Towns Forum (EHTFR[3])
has welcomed the ongoing Heritage Protection Review and is pleased
to see the positive outcomes being embodied in draft legislation.
It is reassured that the Draft Bill endorses the fundamental principles
of conservation and maintains protection levels. Achieving this
in practice will be substantially reinforced by legislation that
brings the law of conservation under one umbrella with a single
overarching concept of special interest. It is essential that
the legislation as finally passed provides a framework that will
endure in the long term.
1.2 That said, the Forum notes that much
of the reform's substance will be delivered through Regulations
and national policy statements and guidance. The devil may well
be in the detail and it will be essential for these matters to
be the subject of extensive and robust consultation with local
government and all other key interests.
2. SPECIFIC CONTENT
Heritage Structures
2.1 The EHTF:
(a) welcomes the concept of including all
structures within a single registration, thus creating the potential
for integrated protection of the historic environment; and
(b) supports the introduction of special
archaeological and artistic interests, though there is a need
for rigorous guidance on how these interests are to be assessed
in order to ensure consistency.
Registration Procedures
2.2 The proposed system for determining
what is added to and deleted from the register of structures appears
to be clear, democratic and accessible and as such is welcome.
The operation of this will depend on regulations to be published
and the EHTF urges that these ensure full engagement at the local
level.
Consents etc
2.3 Matters covered under this broad area
are endorsed by the EHTF. The Forum notes:
(a) the clear advantages of having the Register
available on line in discouraging/successfully challenging works
carried out without consent;
(b) that the content of the Regulations on
what information must accompany an application for a Heritage
Asset Consent will be crucial is assisting local authorities in
their regulatory roles; and
(c) in making decisions local authorities
will be required to take expert advice on special areas on interest,
including both the existing and new ones—the resource and
skill/knowledge implications of this need to be fully understood
and provide for.
Heritage Structures in Planning Applications
2.4 The accurate and consistent definition
of curtilages for historic structures, especially in definitive
plotting through GIS, is a challenge for many local authorities.
Guidance on this is required.
Heritage Open Spaces
2.5 The EHTF welcomes the proposal in the
Bill to give heritage open spaces proper protection within the
planning system by putting the list on a statutory footing and
making clear the special interest.
Heritage Partnership Agreements
2.6 Heritage Partnership Agreements (HPA)
are supported by the Forum. HPAs recognise the complexity of many
sites and buildings and allow for a much more efficient use of
scarce resources, which can consequently be focussed on the key
heritage assets. This is to the advantage of both the local authority
and the property owner. Agreements should be as wide ranging as
is consistent with the proper discharge of heritage protection
functions.
Historic Environment Records
2.7 The establishment of comprehensive historic
environment records is most welcome in replacing the current ad
hoc and often antiquated systems. Effective creation and use of
the records must:
(b) embrace state of the are electronic document
and record management systems;
(c) be available on line (see 2.3 above);
and
(d) be properly resourced—doing this
effectively will be beyond the current capacity of many local
authority historic environment teams.
Local Designation
2.8 The Forum supports and welcomes the
intention to include in the legislation the power for local authorities
to designate and control the development of structures of special
local interest.
Conservation Areas
2.9 This vital area is not covered by the
Draft Bill and the EHTF urges the Government to bring forward
proposals at the earliest possible opportunity. The designation,
management and maintenance of Conservation Areas are of the utmost
importance in conserving the sense of place of our historic cities,
towns and villages. The EHTF supports must strongly action in
two particular areas:
(a) the requirement for all demolitions in
Conservation Areas to have specific consent thereby reversing
the disastrous effect of the Shimizu decision; and
(b) seeking benefits for a Conservation Area
through planning applications instead of simply maintaining the
status quo as a discharge of conservation duties, as seen in the
regrettable South Lakeland case.
Repairs
2.10 The EHTF supports the proposal to allow
urgent work and repairs notices to apply to all asset types and
for such action to proceed before the works become "urgently"
necessary.
3. RESOURCES
3.1 The improved heritage protection regime
proposed in the draft legislation will require additional resources,
knowledge and skill if it is to be implemented effectively and
efficiently. The key areas of concern for local authority members
of the Forum, as already alluded to above are:
(a) the skills and knowledge to assess authoritatively
special interests, especially given the introduction of the new
archaeological and artistic interests;
(b) the need to assess heritage open spaces;
(c) the establishment of the unified historic
environment record; and
(d) taking advantage of the power to make
local designations of historic structures.
3.2 There may be as yet unanticipated additional
demands arising from proposals for legislation covering Conservation
Areas.
3.3 The Forum expects further light to be
shed on these issues as Regulations and guidance are published.
A comprehensive package is required.
3.4 It may be appropriate for some of the
resource implications to be addressed through national funding
schemes, eg training for conservation staff. Other aspects, eg
the historic environment record, require additional resources
to be channelled to local authorities, possibly a supplementary
grant based on the number of entries on the record.
June 2008
3 The EHTF is an independent body founded to establish
and encourage contact between local authorities having responsibility
for the management of historic towns and cities, and between these
authorities and other public, private and voluntary sector agencies.
Its mission is to promote prosperity and conservation in historic
towns. Back
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