Planning

National Planning Policy Framework

The new National Planning Policy Framework will include Government planning guidance on the historic environment to replace the existing Planning Policy Statement 5.

The HHA has formally responded to the consultation and has been actively involved as part of the Historic Environment Forum in drawing up English Heritage’s practice guide to provide detailed guidance on implementation.  Download our response at the side of this page.

The HHA has been particularly keen to ensure two principles: that the planning requirements placed upon owners are proportionate and that the best way to conserve a historic house is to find an economically viable use for it. Over the years, owners have frequently had to diversify and adapt to the needs of the times and this need not negatively affect the historical significance of a building.

The HHA has been concerned to ensure that amendments are made to the draft Framework which enable historic houses to undertake sympathetic change that helps underpin their economic viability, while preventing unsympathetic development which may adversely affect a house’s setting.

We have also been careful to take into account the wider legislative changes which are likely to affect planning for the historic environment, particularly the effect of the introduction of Neighbourhood Forums and Development Orders in the Localism Bill.

Localism Bill

The Localism Bill's aim is to give local communities more influence over planning and development in their area. It is particularly important to the HHA as the protection for the historic environment in PPS 5 will be superseded.

The Bill introduces the idea of Neighbourhood Forums, empowered to produce Neighbourhood Plans. The HHA is concerned that these may result either in permitting development which adversely affects the settings of historic houses, or alternatively preventing the managed changes on which such houses’ economic viability often depends.

The legislation should acknowledge that Neighbourhood Development Plans should always conform with the historic environment policies already agreed within Local Development Frameworks.

The HHA has been active in briefing MPs and peers in advance of their debates on the Localism Bill and has emphasised these key issues in relation to the Bill:

• Safeguards for the historic environment should not be removed
• The composition of Neighbourhood Forums must be clarified
• Neighbourhood Plans should not supersede the powers of local, democratically-elected bodies
• Protection for the settings of historic houses and for those in conservation areas should not be reduced

The Government has strengthened the powers of the Independent Examiner, which should provide protection for the historic environment and has clarified composition of Neighbourhood Forums, though potential remains for tensions between local communities and business.

Community Asset Register

Another of the Government’s proposals, as part of the Localism Bill, is for a Community Asset Register (CAR), intended to facilitate the purchase of community assets by local communities. The HHA has questioned this both on principle and because of the likely difficulty of implementation.

Any private or public property may be nominated for this register which means that historic houses which, for example, provide a ground for the local cricket team, stage community events or simply permit dog-walking on part of their estates, could be nominated for the register. As a consequence, sales of all or part of such an asset would be subject to a moratorium of up to six months to provide a window of opportunity for a community bid to purchase it.

The HHA’s formal response to the Government consultation on this issue has made it clear that:

• The proposals represent an erosion of long-established private property rights
• Any legislation should be aimed at public buildings which offer, or have offered a public service, not at private property, which should be largely excluded 
•  The register should not affect the right of owners to give their property to their children or anyone else they choose
• There should be a right of independent appeal and compensation should cover all losses by an owner, not just administrative costs
• The length of the window of opportunity applicable to private property should be minimised

Following briefings for MPs and peers by the HHA and other organisations, the Government has proposed amendments which greatly reduce the likelihood of malicious nominations; enable proper notification of owners; reduce the potential for property blight; ensure consistent application by local authorities; and safeguard gifts, business transfers and inheritance arrangements.