Memorandum submitted by English Heritage
EXECUTIVE SUMMARY
1. English Heritage agree with the approach
of reflecting the text of the Planning Policy Statement 15: Planning
for the historic environment (PPS15) in the drafting of the overarching
energy National Policy Statement (NPS) (EN-1) and that being read
in conjunction with technologically specific energy NPSs (though
there are some points of detail as so how this relationship works
which are covered below). However, we would like to emphasise
that PPS15 remains in draft form (at the time of writing).
We would expect the Department of Energy and Climate Change (DECC)
to continue to involve English Heritage and the Department for
Communities and Local Government in reflecting the final version
of the PPS in EN-1.
2. Aside from the historic environment section
of EN-1, there are other key areas where changes need to be made
to ensure that the consideration and appropriate protection of
the historic environment is properly reflected. Principally, these
concerns fall under the headings: Design; Landscape and Visual
Impact (which cover all of the draft energy NPSs); and the definition
of "Temporary" in draft NPS EN-3. These are outlined
below.
LANDSCAPE
3. As currently drafted the NPSs do not
recognise the concept of the historic landscape—the idea
that heritage assets should be viewed within their wider contexts.
These contexts bring added meaning and value to those assets and
it is vital that any Nationally Significant Infrastructure Projects
should be evaluated against the impact on the historic (as well
as the natural) landscape.
4. The sections on Landscape and Visualisation
fail to recognise the contribution that heritage makes to landscapes
and views, a contribution that has been recognised in the European
Landscape Convention which has been in force in the UK since March
2007. Similarly this is not covered within the Historic Environment
section of EN-1.
5. It is important that the significance
of heritage assets should, be recognised and their position in
the wider landscape taken account of when considering the impact
development will have on them.
DESIGN
6. High quality design plays an important
role in seeking to mitigate the effect of a new development on
its surroundings—and a key element of those surrounding
might be historic assets. High quality design doesn't prevent
impact, but can lessen it. Therefore it is vital that this potential
impact is a material factor when considering design options.
7. Currently the setting on listed buildings
is a statutory consideration and the setting of all heritage assets
is a material consideration in PPG 15. We would expect comparable
obligations to be incorporated in the NPSs.
"TEMPORARY"
8. The current NPS on renewable energy sources
(EN-3) makes it clear that wind energy applications are typically
for a period of 25 years. When making such decisions, the
IPC should not place emphasis on the "temporary" nature
of the structures. Damage will still be done to archaeological
remains, irrelevant of how long they remain in place, and the
best part of a generation would be deprived the opportunity to
view an unblemished historic landscape.
INTRODUCTION
9. As the government's adviser on matters
relating to the historic environment, English Heritage is a statutory
consultee for Nationally Significant Infrastructure Projects.
The term "historic environment" includes buildings,
archaeology, landscapes (including registered parks and gardens
and battlefields), conservation areas, World Heritage Sites and
scheduled monuments.
10. We have been involved in the drafting
of the NPSs up to the current iteration. We have also provided
comments on the Appraisals of Sustainability. This role fits well
with our function as a statutory advisor to the planning system.
Whilst we feel that the current drafts are an improvement on previous
versions, there remain a number of areas which require further
development.
11. As well as being involved in commenting
on previous drafts of the NPSs, we have also been working closely
with the Department for Communities and Local Government (CLG)
and the Department for Culture, Media and Sport (DCMS), on the
development of the draft PPS15 and the accompanying practice
guidance. It has been established, both in a statement in the
House of Lords, given by then CLG Minister Baroness Andrews, and
within the consultation document, that the NPSs should wherever
possible reflect the relevant PPS. We support this need for consistency
and hope to continue to work with colleagues in CLG and DECC to
ensure that it is achieved.
12. English Heritage will be submitting
a response to the consultation on each of the energy NPSs. That
response will be consistent with this written evidence, but will
go into more detail regarding changes to text as we appreciate
that given the nature of this inquiry it would not be appropriate
to go into the level of detail of commenting on the specifics
of the wording. We therefore wish to bring to the committee's
attention the broader issues which we consider need particular
attention. These issues, were they to go uncorrected, could lead
to significant and unnecessary damage being done to the historic
environment.
13. A fuller explanation about the role
of English Heritage is set out in Appendix 1, with contact details
in Appendix 2
14. For ease of reference, because most
of our comments cut across each of the Energy NPSs, we are providing
evidence for each within the one submission. It is hoped that
this will provide greater clarity for the Committee.
DETAILED POINTS
Historic Environment (section 4.23, EN-1)
15. The text currently reflects that of
the draft PPS15 which was consulted upon (closing on 30 October
2009) by the Department for Communities and Local Government.
English Heritage has worked closely with CLG and DCMS on the drafting
of both the PPS itself and also the reflection of the PPS within
EN-1. It is however, important to stress the principle that PPS15 is
still being developed and will no doubt under go further amendments.
Given the assurances given by CLG, those amendments will need
to be reflected in EN-1. We feel that as the government's adviser
on the historic environment it is important that we play a full
role in how those amendments are reflected in the NPS and are
seeking assurances from DECC that this will be the case.
16. In addition, there is a need to ensure
consistency in approach between the energy NPSs. Currently EN2-6 all
refer to the principle of the overarching statement. For example,
EN-5, 1.3.2, states "This NPS does not repeat material set
out in EN-1". Yet within EN-5 there are Landscape and
Visual and Noise sections (which are repeated in EN-1). We feel
that this inconsistency will cause confusion and possibly lead
to different factors being given different weight (when that was
not the intention). Within EN-3, there is an historic environment
section under both Offshore and Onshore Wind Farm Impacts, but
not under Biomass/Waste Impacts. The implication being that the
historic environment should not be a consideration in the latter.
Design (all)
17. Each of the energy NPSs quite rightly
emphasises the importance of good design. However, as currently
drafted they do not recognise the role that design has to play
in potentially mitigating the impact on historic views. English
Heritage works closely with local government and partners to ensure
that new developments sit well with historic contexts and are
not a detriment to historic views. High quality design is a key
factor in minimising such impact. This principle needs to be reflected
at the scale of Nationally Significant Infrastructure Projects.
Therefore, the historic environment, and ensuring new structures
do not detract from what is already in place, needs to be a material
consideration when assessing design.
18. In EN-1, 4.23.17 refers to the
role that "high quality" design can make in improving
the setting of a heritage asset. We would expect that the bar
remains set at that high level. Currently we consider that this
is not the case, for example, sections 3.5 of EN-6 (Nuclear)
and 4.5 of EN-1 simply refer to "good design".
It is essential that there is consistency within each and throughout
the NPSs regarding design and the approach to be taken when dealing
with development proposals.
Landscape (all)
19. Each of the energy NPSs include sections
on "Landscape and Visual Impacts". We feel that none
of these sections properly reflect the role the historic environment
has to play in these areas.
20. Heritage assets are an important element
of viewpoints. Many of England's iconic views have an historic
element at their heart. The NPSs need to be worded in such a way
to ensure the preservation of both such nationally important viewpoints
and those of importance to local communities. This should accord
with the European Landscape Convention. The preamble to the Convention
states that "the landscape contributes to the formation of
local cultures and … is a basic component of the
European natural and cultural heritage".
21. Within the current drafts the historic
environment has not been properly incorporated into these sections,
with the term "landscape" focusing just on the natural
landscape. In EN-1, the Landscape and Visual Impacts section (4.24)
makes no reference to the contribution of heritage to this area.
It is fundamentally important that in any assessment of landscape
and visual assessments carried out refer to the impact on the
historic landscape.
22. Under EN-1, 4.24.6, National Parks,
the Broads and Areas of Outstanding Natural Beauty are listed
as having the highest status of protection in relation to landscape
and scenic beauty. It states that "Each of these designated
areas has specific statutory purposes which help ensure their
continued protection and which the IPC should have regard to in
its decisions." It should be acknowledged that part of the
reason for a designation may be the historic value of the landscape,
and that, alongside natural beauty, this should be given weight
by the decision-maker.
23. It is important that designated sites,
building or monuments should not just be considered on their own,
but also account is taken of their setting and also where appropriate,
as part of a wider landscape. Where there is a historic landscape
greater weight should be attributed to its protection.
Temporary (EN-1 and EN-3)
24. EN-3, 2.7.16-19, directs the IPC to
view the temporary nature of wind farms as an important consideration
when assessing impacts. Applicants will be expected to specify
the length of time that they are seeking consent for (usually
25 years). At the end of the period of consent, the turbines
can be decommissioned and removed from the landscape. The principle
being that any indirect effect on the historic environment (ie
on setting and visualisation) will not be permanent. Paragraph
2.7.50 explains that the time limited nature of wind farms
should be a relevant consideration for the IPC when assessing
the indirect impacts on the historic environment, such as the
effects on the setting of other heritage features such as listed
buildings or conservation areas.
25. It is our view that the period of 25 years
should not be classed as "temporary". These clauses
appear to establish a principle that unacceptable impacts to the
setting of a heritage asset, no matter how important, are not
to be given any appreciable weight if that impact will only last
for 25 years.
26. In addition, EN-3 refers to applications
to re-power turbine arrays in order to extend the active life
of a site. Although EN-3 refers to applications being made
for re-powering, in effect, once a wind farm has been connected
to the grid, such an application is unlikely to be treated in
the same way as a wholly new application. This places further
emphasis on the need to ensure that all factors are fully considered
at the time of the original application.
CONCLUSION
27. English Heritage feels that there remain
points of considerable concern within the current text that we
feel are the result of a lack of understanding of both the contribution
and impact of heritage on modern life and the need for it to be
adequately protected. We feel that these can be easily rectified,
without presenting significant problems for meeting the need for
energy provision laid out in each of the documents. Therefore,
we would recommend the following:
Historic Environment
— English Heritage to be properly consulted
on the final reflection of PPS15 into EN-1.
Design
— That section 4.5 of EN-1 (Criteria
for "good design" for energy infrastructure) is amended
to reflect the need for high quality design (thus ensuring consistency)
and include a specific section on "criteria for high quality
design".
Landscape and Visual Impact
— Insert reference to the historic environment
to the final sentence on EN-1, 4.24.4 (under the section
on Landscape and Visual Impacts).
— That reference to designated historic
landscapes is included in EN-1, 4.24.6.
Temporary
— That the position regarding temporary
consents outlined in EN-3 is amended to more accurately reflect
the impact of structures which remain in place for a quarter of
a century with the possibility of further extensions being made
to that permission.
January 2010
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