Update provisions dealing with historic environment
Local Authorities
City of Edinburgh Council: Welcome review of consents if it leads to streamlining and simplification for applicants. Support increased delegation of decisions to local authorities and the proposed increased controls and wider grant availability.
Dundee City Council: Supported, in particular the commitment by the Executive, through Historic Scotland, to examine the scope which there might be in future legislation to combine elements of the various consent regimes.
East Dunbartonshire Council: This is welcomed but it is not anticipated that it will have a major impact. It is regrettable that the document does not take the opportunity to extend this process to standardise a wider range of inconsistencies in current regimes.
Falkirk Council: While streamlining of consents appears desirable, doubts exist over whether combining elements of the various relevant consent mechanisms for the historic environment would be practical or at least beneficial. Historic Scotland is to lead an exercise to examine whether such an approach would be practical and the outcome of this is awaited before further comment can be made.
Glasgow City Council: This proposal is generally welcomed, although the SE should note that improved, and not additional, legislation is required.
Inverclyde Council: Given that the greatest delays in the process are caused by Historic Scotland, this should speed the process.
Moray Council: Support in principle subject to the review being completed within the same time frame as all other proposals in the White Paper i.e. before any new planning bill.
West Lothian Council: This proposal is supported in principle, although the means of improving the effective operation of the Act will require further consideration when the detail of the proposal is known. The combined consent procedures are also welcomed as being simpler for the applicant/customer, but concern must be raised as it will inevitably have an impact on performance indicators.
Non Departmental Public Bodies
The Theatres Trust: Many theatres may be listed or in a conservation area. We would be interested in any intention to update the provisions in the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997, in particular any new controls over demolition works or statutory procedures.
Other Businesses
Edinburgh Chamber of Commerce: Noting comments on the historic environment we hope that this does not reflect and attempt to 'museumise' our historic environments. Our hope is that it will encourage planners to look for modern architecture of equal quality to sit alongside our great historical buildings.
Scottish Chambers of Commerce: Introducing greater control over this might conflict with the intention of encouraging town centre rather than out of town development.
Scottish Rural Property & Business Association: Further consultation is necessary between Historic Scotland and relevant stakeholders on this issue before the detail of such change is finalised. We welcome the statement in the White Paper that "the planning system should help to release the potential of the historic environment to contribute to wider objectives such as tourism, sustainable development and regeneration". This is currently not the experience many SRPBA members have of the planning system, particularly in relation to the involvement of Historic Scotland. A more positive, facilitating ethos is therefore welcome. Again, however, a culture change will be required in order to deliver this objective.
Tarmac Ltd: Believe that an update on the management of the historic environment is timely. At present the costs and unpredictability attached to archaeological issues is a major financial burden. The costs of preliminary studies and investigation which are required on almost all proposals, frequently regardless of the location, are beginning to dwarf all other environmental costs and at a stage where development is not assured. There is certainly scope to streamline the planning, listed building and scheduled monument consenting regimes.
Professional Bodies
Association of Regional and Island Archaeologists:ARIA notes that it is intended that Historic Scotland will lead an exercise to assess the scope for radical improvements by combining elements of the various consent mechanisms (listed building, conservation area, scheduled monument and planning consents), an idea currently being reviewed in England, but no timetable for this exercise is set in the consultation document. On the face of it, such an exercise would not deal with the issue of whether the current historic environment protective legislation is actually adequate and fit for purpose across the spectrum of the historic environment. ARIA would contend that in relation to protection of archaeological resources and designed landscapes, it is not.
RTPI Scotland: We are disappointed that the white paper cannot give greater guidance on the intentions here. We would also be concerned if the approach to combined consents could not be achieved in time for the forthcoming Planning Bill. However, there needs to be a more open debate with regard to planning and the historic environment and the merits of combining consents for the sake of the historic environment require to be weighed against the merits of combining consents under the planning code generally ( i.e. including advertisements, hazardous substances, consents under tree preservation orders etc). In view of the redundancy of the duty contained at Section 63 of the Planning ( LBCA) (Scotland) Act 1997 with regard to proposals for preservation and enhancement of conservation areas, we would recommend that this provision be replaced by a duty to prepare character appraisals of all conservation areas and to review them every five years in consultation with the public.
Planning Consultants, Architects and Lawyers
Roberts, GM: The suggestion of the likely lessening of Scottish Minister's involvement 'in certain LB consent applications', 'in certain local authorities', will be of concern to other heritage bodies. It will put more pressure on them- particularly where there is no expertise whatsoever in the relevant local authority. Until Historic Scotland can 'sell' the merits of listed buildings (to owners, the public and to councillors) many such buildings will be treated shabbily, with little presumption to save, conserve, adapt, etc.
Community Councils
Broughty Ferry Community Council:Listed Buildings: We are concerned that more discretion may be given to local authorities. Central assessment is sometimes required. Consideration needs to be given where listed buildings are owned by the LA. There should be a mechanism for serving Enforcement and Repairs Notices on listed buildings, independently of the LPA. Conservation Areas: There should be a 10 year audit of Conservation Areas to assess how successful the LA has been in protecting or enhancing them. Tightening controls over demolition is welcome. Overhead telephone wires and other cables should be put underground. The appropriateness of modern designs in such areas needs more careful consideration.
Currie Community Council: It is unclear what is proposed "to reduce the need for Scottish Ministers' involvement in certain listed building consent applications" -an example would have been helpful. By "ending the practice of classifying conservation areas as being 'outstanding' for grant purposes ", the Scottish Executive appears to be condoning demolition or avoiding paying grants when they may be needed - e.g. where a building owner is unable to finance stonework repairs that will ultimately result in progressive deterioration of the fabric. An explanation of the reasons behind this change is needed as it appears this relates not to the built environment but to a lack of willingness by the Scottish Ministers to pay for its maintenance.
Gatehouse of Fleet Community Council: I am to stress the Community Council's dissatisfaction with the White Paper's absence of comment on Conservation Areas. It is generally felt by the Community Councillors that the Executive's proposals for the new planning system completely overlook the special requirements of Conservation Areas.
Hillhead Community Council: There is an omission in relation to Conservation areas. Where are the article 4 directives? You do not specify these. Their retention is essential.
Officers show little understanding of the conservation area and in the absence of a detailed assessment have no guidance. I refer you to the Belfast planning department policy 7.
Voluntary Organisations
Brethren Gospel Trusts: In the light of Case Law in England, we support the statutory clarification of the status of partial demolition of non Listed Buildings within Conservation Areas and Listed Buildings themselves.
Built Environment Forum Scotland: There was a call for local authority Historic Environment Record Services to become statutory in order to enhance protection of the cultural heritage by providing a base of information to inform decision-making in this area. There was a call for the introduction of a specific Duty of Care towards the Historic Environment. It was noted that progress with the preparation of Conservation Area Character Appraisals should be audited. In addition to fulfilling statutory obligations, these are an important vehicle in identifying aspects of essential character which contribute to an area's particular 'sense of place'. Concern was also expressed that no process or timetable has been set out to examine the proposal for combining historic environment consent procedures.
Edinburgh World Heritage: The implications of the White Paper and changes to the planning system as it affects the historic built environment are the subject of further discussion with Historic Scotland and HEACS and we would hope that the Planning Bill will continue to view this aspect of the environment as one of Scotland's greatest assets.
Garden History Society: We look forward to the proposed review of planning legislation dealing with the protection of the historic environment to be undertaken by Historic Scotland, and would hope that as an outcome of this exercise the need for further protection of gardens and designed landscapes in Scotland will be appreciated by the Executive.
Peebles Civic Society: We disagree with any proposal to delegate consent powers in respect of B Listed buildings from Historic Scotland to local authorities. The experience with C(S) Listed buildings has been unsatisfactory. Councillors do not have the technical expertise (and often not the interest), and LAs rarely have the resources of conservation staff. Such a move would be contrary to the advice contained in Historic Scotland's Memorandum of Guidance on Listed Buildings and Conservation Areas which includes 'The individual integrity of every listed building, regardless of category, must always be faithfully respected.'
Pollokshields Heritage: We would wish to be consulted on Historic Scotland's proposed review.
Scottish Civic Trust (and Civic Trust Network): In terms of the historic environment, we are disappointed with the low level of interest shown in the White Paper, and the relegation of any considered action to Appendix 6. This seems to show a lack of understanding of the role the historic environment can play in a modern planning system. Whilst we understand that a separate review will be advanced by Historic Scotland in due course (and note that the Historic Environment Advisory Council for Scotland is undertaking a review of heritage protection legislation at this moment), it is a very important asset that needs to be managed and maintained to the highest standard. We regret that the White Paper has not taken this forward, even given the statement made in the Partnership Agreement. There are a number of small scale amendments that would be of value and should be considered with the upcoming Planning Bill. These are a Stop Order for listed buildings, time limiting listed building consent (similar to proposed three years for planning consents), creating a statutory duty to prepare conservation area appraisals, a statutory duty to have and maintain a Historic Environment Record.
Scottish Council for National Parks: The list of historic buildings and potential conservation areas can never be fully up-to-date. In such circumstances, it is possible for a non-listed building which is worthy of special protection, to be the subject of a planning application for demolition and redevelopment. The current practice of not being willing to list the building whilst it is the subject of a planning application, is detrimental to the proper consideration of the need to protect our built heritage. In England and Wales spot listing to provide a breathing space for proper consideration of the threat to a non-listed but important building has long been a feature of the planning process and appears to work well. It should be adopted in Scotland.
Scottish Stone Liaison Group: Whilst it is recognised that Historic Scotland is required to lead a review of the planning legislation to "deal with the effective protection of the historic environment" (page 32), it is a matter of serious regret that this important issue is not an integral part of the "Modernising the Planning System" and that the case still requires to be made to "justify changes to the legislation." Amending legislation has greater ramifications than simply getting it right in the first place. The question arises whether or not the needs of Scotland's built heritage are either recognised or even understood.
Society of Antiquaries of Scotland: Combining of historic environment consent mechanisms -the timescale of the legislative programme will obviously not allow for this to be reviewed properly before the planning bill goes through. We have grave reservations about this issue, not least because of the skills shortage discussed above. However, until the review and any consequent recommendations emerge, we have no further comment to make.
St Andrews Preservation Trust: Whilst welcoming the proposal to update planning legislation dealing with the 'effective protection' of the historic environment we do have some concern about what is meant. Does it mean that policies serving the historic environment will be strictly adhered to or does it mean a slackening of current policies? If the purpose of this statement is to strengthen policies then we will welcome it. However, we are very wary of the suggestion to reduce the need for Scottish Ministers' involvement in certain listed building consent applications in certain local authorities. We foresee that this might lead to a weakening of standards in that overworked and pressurized Local Authority Officials may pass an application that the Scottish Executive might have rejected. As a group which has been working to preserve the amenities of St. Andrews for over sixty years the St. Andrews Preservation Trust is disappointed that so little of the White Paper addresses planning issues in historically or architecturally sensitive areas.
The Architectural Heritage Society of Scotland ( AHSS): In updating the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 to reduce the need for Scottish Ministers involvement in certain listed building consent applications in certain local authorities, careful consideration is required of how authorities might be selected and how their performance under the delegated powers will be monitored will be required. Such delegation will only be successful if it is carefully handled, and regularly scrutinised, by the Scottish Executive.
The Council for Scottish Archaeology: While CSA welcomes proposals to re-examine existing consent regimes for Listed Buildings, Scheduled Ancient Monuments and Conservation Areas, the lack of transparency in both the proposals and the process by which any proposed changes are discussed is of concern. Given the need to integrate such changes with the proposed new Planning Bill, CSA hopes that a new Historic Bill is introduced within the forthcoming session of parliament. We would also hope that this would be a comprehensive bill translating the 1979 Ancient Monuments and Archaeological Areas Act into 21 st century Scotland. As part of this, we would anticipate that the responsibilities of the Executive, local authorities and the general public would be clearly indicated ' to provide a national duty of care to the historic environment in all its forms.' This should be equivalent to that specified for the natural heritage in the Nature Conservation Bill adopted in 2004.
The Ferryhill Heritage Society: Being a conservation and heritage group, the Society is particularly disappointed that this has had very little coverage. It would also be helpful to know in what "pecking order", conservation issues are. It would seem to me that locally in most cases conservation is at the bottom of the pile. I feel that Historic Scotland's "Memorandum of Guidance on Listed Buildings and Conservation Areas" should be mandatory.
The Grange Association: Proposals for legislation dealing with the historic environment must ensure that there is no diminution of protection of our historic buildings and the character of the neighbourhoods in which they are set. We trust that the statement in Appendix 6 that" the Planning system should also help to release the potential of the historic environment to contribute to wider objectives" does not imply a relaxation on policies relating to development of historic buildings and within conservation areas. The desire to tighten control over demolition works in conservation areas is welcome. We trust Historic Scotland will consult with interested bodies and circulate their proposals for comment before any changes are made.