IHBC’s members’ journal Context No. 185 is under the spotlight and for this NewsBlog round we feature Alexandra Fairclough’s ‘Law and Policy update’ as she looks across the UK at changes, case law, appeals and call-ins.
Alexandra Fairclough writes:
There have been changes at England’s Department of Media Culture and Sport, with Baroness Fiona Twycross taking over as heritage minister from Sir Chris Bryant MP, who retains the culture role.
The draft Planning (Wales) Bill, published on 18 June, was due to be formally introduced into the Senedd in September with the aim of replacing all primary planning legislation for Wales. The Planning and Infrastructure Bill, which passed through the House of Commons (third reading) on 10 June and had its second reading in the House of Lords on 25 June, seeks to speed up and streamline England’s planning process.
On 26 July the Department for Business and Trade announced proposed reforms to assist in the revitalisation of town centres by simplifying some rules around planning and licencing, making it easier for vacant retail premises to be adapted and reused as cafes, bars and music venues. A new National Licencing Policy Framework is proposed.
Policy updates include new guidance on upcoming changes to written representation appeals by the Planning Inspectorate, published by the Ministry of Housing, Communities and Local Government. The most pertinent change is that the ‘expedited’ Part 1 written representations process will be amended so that the planning inspector will decide the appeal on the same basis and information as the planning application, without the main parties needing to submit new evidence, or being able to 10 submit further information, such as appeal statements. The Planning Inspectorate will roll out an online appeals service to streamline the submission and management of appeals.
The Culture Media and Sport Committee has been hearing evidence in relation to the Protecting Built Heritage Inquiry, which opened in December 2024. This inquiry is examining issues relating to the management of practical and regulatory challenges, and funding models for heritage. Historic England and the IHBC have submitted written evidence, which is available through the UK Parliament Committees website. On 17 June Historic England published a revised document Listed Buildings and Curtilage (Historic England Advice Note 10).
Case law
Anesco Ltd v Secretary of State for Levelling Up, Housing and Communities and Anor (re Application for Planning Statutory Review) [2025] EWHC 1177 (Admin)….
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Appeals
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Called-in decision
Ref 23/00612/FUL (NOD-390-001)
This proposal, relating to the formation of a trotting track on land adjacent to Bannockburn Battlefield site, was considered acceptable by Stirling Council. However, the Scottish ministers called in the application, in view of the potential impact on the historic battlefield and listed building of national significance. The reporter considered that planning permission should be granted. The Scottish ministers disagreed with the reporter’s conclusion. They considered that the development would detract from the prominence of the listed building, from views of the topography of the battlefield, and from the ability to appreciate and understand this ‘and how it affected the battle, for example Bruce’s choice of ground for his camp’). Dismissed
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.
Context 185: CONTENTS
Themed Articles
- Editorial
- Understanding pitched roofs, Madeleine Clark
- A code of practice for slate and stone roofing, Chris Wood
- Reslating an ancient water mill, Terry Hughes
- A carbon case for indigenous slate, Soki Rhee-Duverne and Jim Hart
- Successful solar generation in the historic environment, Morwenna Slade
- Sourcing Scottish slate in the 21st century, Imogen Shaw and Graham Briggs
- The roofscape of Hampstead Garden Suburb, Joe Mathieson
Feature Articles
- Conserving the postmodern legacy of the Sainsbury Wing, Alasdair Travers and Jon Wright
- The sad story of Derby Hippodrome, Derek Latham, Peter Steer and Ashley Waterhouse
Regular & Occasional features & updates
- Briefing
- Out of Context
- Periodically
- The writer’s voice
- Letter
- Law and policy
- Vox pop
- Reviews
IHBC Updates
- IHBC celebrates World Heritage UK’s anniversary, Rebecca Thompson
- Notes from the chair
- Director’s cut
- Inter alia
- New member profile
- New members
Commercial
- Products and services
- Specialist suppliers index
Reading Context helps IHBC members develop their skills across all of the IHBC’s Areas of Competence, and so serves as a critical baseline in addressing priorities in Continuing Professional Development (CPD)
Access the online archive and see the issue online
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)
See more on the IHBC Competences and Areas of Competence
