A suite of heritage legislation has been introduced in England’s new Enterprise and Regulatory Reform Bill, including:
· the merger of planning permission & Conservation Area Consent
· Heritage Partnership Agreements
· A statutory basis for circumscribing the boundaries of ‘special interest’ in list descriptions.
The Institute of Historic Building Conservation (IHBC), the UK’s lead professional body for built and historic environment conservation specialists, has said that the reforms can work only if supported by relevant conservation skills in both private and public sectors, essential local authority capacity, and the political will to implement them.
Jo Evans, IHBC Chair, said: ‘The current heritage proposals are a legacy of the old reforms promoted under English Heritage’s ‘Heritage Protection Reform’ initiative. These were endorsed in the IHBC-led joint response to the 2008 Heritage Bill – supported by organisations representing some 250,000 professional memberships – with the caveat that skills, capacity and political will were there to underpin the changes. That caveat still stands!’
‘These proposals also address concerns raised in the planning review led by Adrian Penfold for the Department for Business Industry and Skills (DBIS). Penfold stressed that, for the planning system to work, there was an over-riding need for proper conservation skills both inside and outside local authorities, and he specified the IHBC’s professional skills as a model for professionals.’
‘The IHBC supported Penfold’s original call for skills and capacity to underpin any successful reform. So while we see real value in the proposals, without wider change and investment they will not resolve the huge burden currently placed on conservation professionals responsible for managing one of the nation’s most valuable resources, its built heritage’.
Mike Brown, IHBC Policy Secretary, said: ‘Hospitals could not work without skilled staff, nor can conservation services. Our support for the proposals in the original Heritage Bill was offered in the context of integrated reform and capacity-building, not least with requirements for appropriately skilled conservation advice in local authorities. That was, and is, essential to any successful progress in heritage management.’
‘With the dramatic cut-backs in local authority conservation capacity since then – down nearly a quarter in little more than 5 years – alongside a wider lack of recognition of conservation skills, the IHBC is not confident that the reforms can bring benefits without threats to the wider public interest in England’s heritage.’
‘On the proposals themselves, in our original comments on the unification of planning permission and Conservation Area Consent, we asked that the criminal penalty for contravention be continued into any new system, and now welcome the fact that the current drafting recognises that need.’
‘We are also happy to see that the Heritage Partner Agreements will have a substantial legislative foundation as they should encourage an appropriate level of expert input at the heart of the management process. However we are, as ever, unclear on the capacity of local authorities to help get these operational, not least due to the front-loading investment such agreements usually demand.’
‘Circumscribing the limits of list descriptions is a challenging concept that must be treated with caution. However, once the proper skills and resources are employed in determining the special interest in listed heritage, this should make it easier for managers, owners and other interested parties to target that public interest. Clearly this idea also resonates with the flexibility that the modification to the certificate of immunity from listing can provide, now allowing the application to be submitted at any time.’
Notes
The new Regulatory Reform Bill, presented to Parliament by business secretary Vince Cable, is aimed at creating sustainable growth, with the centre-piece being the creation of the UK Green Investment Bank. A heritage ‘coda’ – Schedule 16 – has been used to introduce select initiatives left over from the former failed Heritage Bill of 2008, English Heritage’s flagship attempt to reconstruct heritage legislation under its ‘Heritage Protection Reform’ (HPR) initiative.
See Urban Splash’s response at: LINK
See English Heritage’s response at: LINK
See the Bill progress and links at: LINK
See the Bill as introduced at: LINK
Search Planning Portal: LINK
BIS Gov News: LINK
