HE’s ‘Planning Bulletin’ highlights changes introduced by the LURB

logoHistoric England’s (HE) monthly ‘Planning Bulletin’ highlights some of the recent and forthcoming developments in the world of planning from a heritage perspective to include the Levelling Up and Regeneration Bill (LURB).

… LURB contains five key clauses relating to the historic environment…

Historic England writes:

  • The Levelling Up and Regeneration Bill (LURB) makes provisions for a wide range of matters, including aspects of planning, local democracy and devolution, and levelling up measures. Amongst other things, LURB makes provision for:
    • National development management policies, which will sit alongside local development plan policies.
    • A replacement for the Community Infrastructure Levy.
    • Environmental Outcome Reports to replace Environmental Impact Assessments.
    • Changes to compulsory purchase and enforcement powers.
    • Powers in relation to planning data.
    • A requirement for local authorities to have design codes for their area.
  • The LURB contains five key clauses relating to the historic environment:
    • The duty to have special regard to the preservation or enhancement of heritage assets, and their settings, will apply to a wider range of designated heritage assets (Clause 95, previously 92);
    • It introduces Temporary Stop Notices for listed building works, increasing enforcement powers (Clause 96, previously 93);
    • New powers to enable Urgent Works Notices to be served on occupied buildings and any costs to be entered as a land charge (Clause 97, previously 94);
    • It removes the requirement for local authorities to provide compensation when they serve a Building Preservation Notice on a historic building under threat of damage whilst it is considered for listing (Clause 98, previously 95);
    • A statutory underpinning for Historic Environment Records, to facilitate a strong evidence base for the new planning system (Clause 212, previously 185).
  • A series of publications related to the LURB are available. These include a Policy Paper, explanatory notes and research briefings.
  • The LURB has passed through the House of Commons and the resulting amended Bill had its First reading in the House of Lords on 19 December 2022. The Bill had its Second reading (i.e. debate) on 17 January and is currently undergoing detailed scrutiny at Committee stage, with sittings into March.
  • At the time of writing, amongst others, the following historic environment related amendments that have been tabled for consideration by the government:
    • The inclusion of a schedule for minor amendments to planning legislation in order to provide for Street Votes (Clause 258A). Legislation to be amended includes the Town and Country Planning Act 1990 and the Planning (Listed Buildings and Conservation Areas) Act 1990.

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