Our Spring issue of IHBC’s members’ journal, Context – No. 183 includes a ‘Law and Policy update’ by Alexandra Fairclough, as she looks across the UK at ‘Planning for change (and a shark)…’
Alexandra Fairclough writes:
In developing legislation and policies to promote economic growth, the government will inevitably impact heritage assets. The Plan for Change proposes 1.5 million new homes and 150 decisions on major infrastructure projects within this parliamentary term. The new National Planning Policy Framework was published in December.
Since my last column went to press, the Historic Environment (Wales) Act 2023 has come into full effect (4 November 2024), with the related regulations. Wales now has the most up-to-date historic environment legislation of the UK nations. However, although the new legislation is clearer in terms of understanding and applying the law, there are no changes to the operation of the management and protection regimes for the Welsh historic environment. Note that the Ancient Monuments and Archaeological Areas Act 1979 and the Planning (Listed Buildings and Conservation Areas) Act 1990 no longer apply in Wales.
In Scotland, a reminder that amendments introduced by The Town and Country Planning (General Permitted Development) (Scotland) Amendment Order 2024 (GPDO) have extended permitted development rights. These relate to the alteration and replacement of windows to a wider range of locations and building types than previously and significantly now include buildings in conservation areas, with some restrictions.
In England, the revised National Planning Policy Framework (NPPF) made no direct changes to the heritage policies (other than revised numbering). However, it is worth familiarising yourselves with grey-belt policies, the definition of grey belt, and paragraph 11 of the NPPF in relation to footnote 7, which refers to designated heritage assets. It is crucial that heritage specialists get involved in the identification of grey-belt land. The glossary definition of grey belt excludes land where the application of policies relating to designated heritage assets and non-designated archaeological sites of demonstrably equivalent significance to a scheduled monument (footnote 75, NPPF) would provide a strong reason for refusing or restricting development.
The revised NPPF includes changes relating to urban design and master planning…
PLANNING APPEALS…
… Change of use of dwelling from C3 use for short-stay letting (linked 3335859)
These appeals relate to an appeal against an enforcement notice and a refusal of planning permission. The planning appeal was dismissed based on the loss of a dwelling house and the unsustainable location outside recommended locations, as defined by policy. Consequently the enforcement notice was upheld (but varied). The appeal dwelling is the home of the Headington Shark, described as a ‘spectacular tall model of a shark crashing through the front roof slope [which] has been in place since 1986 and has become a local tourist attraction’. As a result, the house is on the local list of heritage assets. The inspector highlighted the fact that the appellant did not contend that the use of the house as short-term let was necessary to fund maintenance works to the sculpture or roof….
Alexandra Fairclough is a member of the IHBC law panel and a barrister (non-practising). She teaches heritage law at Manchester School of Architecture, and is principal built heritage and design officer at Bolton Council.
[See the full text in Context 183]
Context 183’s themed articles include:
- Wellbeing and heritage: making a difference, Linda Monckton and Desi Gradinarova
- The economics of heritage and wellbeing, Thomas Colwill and Adala Leeson
- Workplace wellbeing in the heritage sector, Angharad Hart
- Healing through heritage, Elaine Griffiths
- Broken pots, mending lives, Richard Osgood
- Bricks, mortar and emotions, Alexandra Dziegiel
- Heritage, ageing and wellbeing, Jessica Bowden
Other features and updates in Issue 183 include:
- Legal update: Alexandra Fairclough
- Obituary: Chris Topp
- Nairn’s Liverpool revisited, Ian Wray
- The destruction of the English country house, Graham Tite
Regulars features include
- Briefing
- Periodically
- The writer’s voice
- Notes from the chair
- Director’s cut
- New member profile
- Inter alia
- Vox pop
- Reviews
- Products and services
- Specialist suppliers index
Access the online archive and see the issue online
Reading Context helps IHBC members develop their skills across all of the IHBC’s Areas of Competence, and so is a critical baseline in addressing priorities in Continuing Professional Development (CPD)
See more IHBC background and guidance on IHBC CPD and on how you might use past, current and future issues of Context
See the formal guidance paper on IHBC CPD (scheduled for update)
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