Heritage Reform and the Enterprise and Regulatory Reform Act 2013

The Enterprise and Regulatory Reform Act 2013 received Royal Assent on 25th April 2013 and introduces a number of significant and wide ranging reforms across a broad spectrum of legislative topics not least of which is in the field of employment and copyright.  

But of particular interest to me is that this sprawling piece of legislation brings forward many of the Coalition’s promised heritage reforms including measures for streamlining processes when undertaking works in conservation areas and to listed buildings. Many of these were originally outlined in the 2010 Response to the Penfold Review of non-planning consents and the subsequent Implementation of the Penfold Review in 2011.

The Act has finally been published and the key heritage changes are to be found in Part 5, ss 60 - 63 and schedules 16 & 17. When they come into force (see further below), they will take effect as amendments to the relevant sections of the Town and Country Planning Act 1990 (TCPA) and the Planning (Listed Buildings and Conservation Areas) Act 1990 (LBCA).

Note that the changes only apply to England.

The changes provide for:

• The removal of the need to apply separately for conservation area consent for the demolition of buildings in conservation areas which will be covered by a grant of planning permission (s63 and schedule 17). This will remove duplication.  
• The provision that a listed building’s List description (both new and existing listings are covered) can specify objects or structures as part of a listed building that should not be treated as part of the listing, or they can specify that a part or feature of the building is not of special architectural or historic interest (s63 and schedule 17). This will allow works to be carried out which would previously have required Listed Building Consent (LBC) and should also assist developers and heritage officers to reach a consensus about what should and should not be done to a particular building.
• Relaxation of the Certificate of Immunity (CoI) from listing mechanism so that it can be applied for at any time and without the need for a concurrent planning application (s63 and schedule 17) and a statutory basis for Heritage Partnership Agreements (s60), which can grant prior listed building consent for specific agreed works. Both of these measures will provide additional clarity and certainty for developers and building owners alike and CoIs will allow developers to avoid the significant financial risk of obtaining planning permission.
• A system of national and local class consents (s60 and schedule 16), granting LBC for certain categories of work or buildings without the need for a separate LBC in a similar way to Development Orders granting permitted development rights under the TCPA. These may grant consent either unconditionally or subject to conditions.
• The provision of a new Certificate of lawfulness of proposed works to listed buildings (s61) which will provide a mechanism for local planning authorities (LPAs) to confirm formally that LBC is not required where proposed works would not impact on a building’s special interest.

Taken together all of the proposed changes should simplify and speed up the often lengthy and sometimes onerous process of applying for LBC. These reforms are seen by the Coalition as key to the slashing of red tape and the removal of unnecessary regulation and bureaucracy thereby improving the heritage consent regime without reducing protections which safeguard the historic environment.

While significant provisions of the Act come into force with immediate effect, the heritage provisions do not.

S62 which deals with the Osborne Estate Act 1902 comes into effect on 25th June 2013 (two months after Royal Assent) as do paragraphs 7 & 8 of schedule 17 (and s63 in so far as it relates to them).

The remainder will only come into effect by means of later 'commencement order(s)' when it is anticipated that new rules governing heritage assets and putting flesh on the bones of the primary legislation will be brought forward. 

(See also my earlier post 'Heritage planning regulation under the Enterprise & Regulatory Reform Bill' on 4th January 2013).