Heritage policy

Heritage policy

Heritage issues in determining planning applications

Statutory duty in England

Section 66(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990 (P(LBCA)A 1990) states that when considering whether to grant planning permission for development which affects a listed building or its setting, the local planning authority (LPA) or Secretary of State 'must have special regard to the desirability of preserving the building or its setting, or any features of special architectural or historic interest which it possesses'. Similarly, P(LBCA)A 1990, s 72 requires LPAs or the Secretary of State, when considering any planning application that affects a conservation area, to pay special attention to the desirability of preserving or enhancing the character or appearance of that area. Chapter 16 of the National Planning Policy Framework (NPPF) sets out considerations in determining planning applications which affect heritage assets.

Heritage assets are either:

•
designated heritage assets, defined in the NPPF as comprising 'a World Heritage Site, Scheduled Monument, Listed Building, Protected Wreck Site, Registered Park and Garden, Registered Battlefield or Conservation Area designated under the relevant legislation', or
•
non-designated heritage assets

See Practice Note:

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