image: Leazes Park, Chabe01, CC BY-SA 4.0, via Wikimedia Commons
IHBC officers have highlighted their Institute’s disappointment over the decision to remove statutory roles for the Theatres Trust and the Gardens Trust, following recent determinations by government.
IHBC Chair David McDonald said: ‘It is deeply disappointing that the statutory role of both the Gardens Trust and Theatres Trust has been removed. Having worked with both these organisations over many years, I can vouch for the valuable expertise that has been available to planning and heritage professionals.’
‘Whilst the loss of their statutory status must be very disheartening for both organisations, I am sure that the IHBC and its members will continue to work with them collaboratively into the forseeable future’.
IHBC’S Policy Committee Chair Roy Lewis said: ‘The Government’s lamentable decision to terminate the statutory consultee role of The Gardens Trust and the Theatres Trust is not justified.’
‘No evidence has been provided to show that the organisations have not been proactive or proportionate, or that advice and information has not been provided in a timely manner or commensurate with what is necessary to make development acceptable in planning terms, as claimed in Matthew Pennycook’s announcement.’
The responses to the Government’s consultation show that only 6% of respondents supported removal of The Gardens Trust and only 8% supported removal of the Theatres Trust. This needless action will remove valuable specialist expertise from the planning system, will result in worse planning decisions, and is unlikely to make any material difference to the time taken to determine planning applications.’
Linden Groves, Director, The Gardens Trust, writes to Gardens Trust supporters:
The Gardens Trust is devastated by the Government’s announcement today that its role as a statutory consultee in the English planning system is being removed. As a result of our collective advocacy over the past year, some protection for historic parks and gardens will still be provided by our being notified of planning applications within parks and gardens, but we are deeply concerned that this will not include applications affected the setting of these special places.
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The threat to historic parks and gardens by removing the Gardens Trust’s statutory consultee role is removed is huge:
- Despite the advances of the National Planning Policy Framework (NPPF) and Planning Practice Guidance (PPG), Registered Parks and Gardens do not benefit from a specific consent regime such as listed building consent, scheduled monument consent or conservation area consent.
- The statutory consultee role has acknowledged the significance of Registered Parks and Gardens in their own right as well as providing the context and setting of archaeology and buildings.
- The Levelling Up and Regeneration Act, 2023 recognises this, and categorises a Registered Park and Garden as a ‘relevant asset’ (s.58B). This would mean a Local Planning Authority or the Secretary of State would need to have ‘special regard to the desirability of preserving or enhancing the asset or its setting’ when determining any development affecting such an asset or its setting. But this has yet to be enacted.
- Without proper consideration of Registered Parks and Gardens in the planning system through the statutory consultee role, the checks and balances of the planning system will be eroded and in particular the many much-loved Grade II sites will experience greater vulnerability.
You can read more about the role of historic parks and gardens in the 21st century in our recent report Harnessing : Parks and Gardens in the 21st Century: How Historic Landscapes can Support our Today and Tomorrow.
We will be working with MHCLG, DCMS and Historic England over the coming days, weeks and months to ensure that we can continue to be impactful in protecting historic parks and gardens despite the loss of the crucial statutory consultee tool.
Of course, there are plenty of questions as to how this will be achieved. We cannot currently answer them but will be working hard to explore options and will update you as soon as appropriate. This will be exceptionally challenging transition for a small organisation such as ours, so offers of help and support would be gratefully received.
In the meantime, a key calendar date is our conference New Town Landscapes on 23-24th September, intended to support and inform positive new development. Do please join us and show your support, via https://www.eventbrite.co.uk/e/the-historic-landscapes-assembly-2026-tickets-1991306267651?aff=oddtdtcreator
In addition, donations, however big or small, to support us through this time are vital, via https://thegardenstrust.org/support-us/donate-online/
Finally, you have received this email because you have already supported us through the past year. The network that has come together over this time is invaluable and no small comfort to us – thank you.
With very many thanks
See more at https://thegardenstrust.org/support-us/consultation/
The Gardens Trust statement is available in full at https://thegardenstrust.org/removal-of-statutory-consultee-role/.
The Government announcement is at https://www.gov.uk/government/consultations/reforms-to-the-statutory-consultee-system (NB: See especially ‘Government response to Questions 6 to 9)
See more background at https://www.gov.uk/government/consultations/reforms-to-the-statutory-consultee-system/outcome/reforms-to-the-statutory-consultee-system-government-response
