Birmingham Planning and urban design consultancy Turley
Associates warns that 'local heritage assets' are likely to be
afforded greater protection following a recent court case involving
SAVE Britain's Heritage.
The concept of local heritage assets was introduced in March in
2010 following the publication of Planning Policy Statement 5
(PPS5). Local heritage assets are non-designated (i.e. not listed),
but still of heritage interest, usually in a local context. A local
heritage asset listing did not bring any additional control, but
this is changing.
Roger Mascall, Director and Head of Heritage at Turley
Associates said: "Local heritage assets are increasingly causing
concern for developers as they become a material consideration in
the planning process and subject to national planning policy
protection. Further protection appears to be creeping in unchecked,
and this is not good news."
The recent case of SAVE Britain's Heritage v Secretary of State
for Communities and Local Government has suggested extended
requirements for planning permission to demolish a building and
this can now potentially encompass local heritage assets.
Roger adds: "The case is complex and has the potential to afford
local heritage assets greater protection. The situation is made
that more difficult as a developer may not know that the building
he owns is a local heritage asset. Some local authorities are
very good at maintaining a register of such assets, whilst others
hold no register at all.
"It is also often the case that a local heritage asset is only
identified as such once a planning application has been submitted,
and this is clearly unsatisfactory."
English Heritage has published draft guidance of local heritage
assets, 'Good Practice Guide for Local Listing: Identifying and
Managing Significant Local Heritage Assets'.
Roger concludes: "This guidance is welcome and does suggest that
the views of the property owner are 'taken into account'. However,
the guidance also suggests a minimum requirement of simply
notifying the owner of the local listing. Given the potential
implications of designation consultation with the owner should be
mandatory."
Comments on the draft guidance can be made until 13 May
2011.