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Cadw's Role in Welsh Historic Environment Legislation
1. www.cymru.gov.uk
Gwilym Hughes
Chief Inspector of Ancient Monuments and
Historic Buildings
and
Neil Maylan
Senior Historic Environment Planning
Officer
Cadw, planning
and the historic
environment of
Wales
PINS Wales Stakeholder
Event
3. Context and challenge
The central vision:
‘The Welsh historic environment
should be sustainably managed so it
can continue to deliver meaningful
social, economic and environmental
benefits for the people of Wales.’
5. A new suite of documents
Planning (Listed
Buildings &
Conservation
Areas) Act 1990
Town and
Country
Planning Act
1990
Well-being of
Future
Generations
(Wales) Act 2015
The Planning
(Wales) Act
2015
Ancient
Monuments &
Archaeological
Areas Act 1979
Primary
Legislation
Planning Policy Wales Chapter 6: The Historic
Environment
Technical Advice Note 24: Historic
Environment
Historic Environment Records
in Wales – Statutory Guidance
for Public Bodies
Managing
Conservation
Areas in
Wales
Managing
Change in
World
Heritage Sites
in Wales
Managing
Change to
Listed
Buildings in
Wales
Planning
Policy
Planning
Advice
Best Practice
Guidance
including
The hierarchy of legislation, planning guidance and best practice relating to the historic environment in Wales
Historic
Environment
(Wales) Act
2016
Conservation
Philosophy
Conservation
Principles for
the
Sustainable
Management
of the Historic
Environment
in Wales
Existing In preparation
Managing
Lists of
HistoricAssets
of Special
Local Interest
in Wales
Setting of
Historic
Assets in
Wales
CIfA and
BS7913
standards
Standards
Statutory
Guidance
Heritage
Impact
Assessment in
Wales
6. Review of planning policy, advice and guidance
Planning Policy Wales
Chapter 6 – consultation
ended May 2016
Technical
Advice Note –
consultation ends
October 3rd 2016
7. The Historic Environment (Wales) Act
What does it involve?
• Amendments to the Ancient
Monuments and Archaeological
Areas Act 1979
• Amendments to Planning (Listed
Buildings and Conservation
Areas) Act 1990
• Three new stand-alone
provisions
9. Listed Buildings
• Temporary stop notices
• Extending scope of urgent works
• Introduction of local land charges
• Preservation notices
• Certificates of immunity
17. Planning (Listed
Buildings &
Conservation
Areas) Act 1990
Town and
Country
Planning Act
1990
Well-being of
Future
Generations
(Wales) Act 2015
The Planning
(Wales) Act
2015
Ancient
Monuments &
Archaeological
Areas Act 1979
Primary
Legislation
Planning Policy Wales Chapter 6: The Historic
Environment
Technical Advice Note 24: Historic
Environment
Historic Environment Records
in Wales – Statutory Guidance
for Public Bodies
Managing
Conservation
Areas in
Wales
Managing
Change in
World
Heritage Sites
in Wales
Managing
Change to
Listed
Buildings in
Wales
Planning
Policy
Planning
Advice
Best Practice
Guidance
including
The hierarchy of legislation, planning guidance and best practice relating to the historic environment in Wales
Historic
Environment
(Wales) Act
2016
Conservation
Philosophy
Conservation
Principles for
the
Sustainable
Management
of the Historic
Environment
in Wales
Existing In preparation
Managing
Lists of
HistoricAssets
of Special
Local Interest
in Wales
Setting of
Historic
Assets in
Wales
CIfA and
BS7913
standards
Standards
Statutory
Guidance
Heritage
Impact
Assessment in
Wales
Next steps
19. Best practice guidance
Currently out for consultation
• Historic assets of special local interest
• Managing change to listed buildings
• World Heritage Sites
• Conservation Areas
• Setting
• Heritage Impact Assessments
Forthcoming consultation
• Historic parks and gardens
• Historic character
• Historic buildings at risk
20. Historic assets of special local interest
To help local planning authorities to
protect and manage locally important
historic assets and conserve or enhance
local character.
21. Managing change to listed buildings
• Listed buildings are a finite
resource to cherish and protect
for future generations.
• Change may be desirable or
necessary, but needs to be well
managed.
22. World Heritage Sites
• There is no higher recognition of
heritage value than World Heritage
Site status.
• Because of their Outstanding
Universal Value, we have a
responsibility to protect, conserve
and present World Heritage Sites
for future generations.
23. Managing Conservation Areas
• Conservation areas add value to the
places where we live, work and visit.
• Positive management of conservation
areas enables change without
harming them.
24. Heritage Impact Assessments
• Heritage impact assessments will
improve applications for designated
historic asset consent.
• Elsewhere, they are good practice
when you are planning change to
any historic asset.
25. Setting of Historic Assets in Wales
• Setting is important to the way in which
historic assets are understood,
appreciated and experienced, and
contributes to their significance.
• Development proposals should aim to
minimise any harmful impact on the
setting of a historic asset.
26. Best practice guidance
Coming Soon
• Historic parks and gardens
• Historic character
• Historic buildings at risk
and
• Statutory guidance on Historic
Environment Records
27. Cadw in the planning system
Town and Country Planning (Development
Management Procedure) (Wales) (Amendment) Order
2015
Amendments relating to the duty to respond to
consultation
7. After article 15 insert—
“Duty to respond to consultation
15A.—(1) The requirement to consult which
is prescribed for the purposes of section
54(2)(b) of the 2004 Act (duty to respond to
consultation) is that contained in article 14.
(2) For the purposes of section 54(4)(a) of the
2004 Act the period prescribed is 21 days
28. Town and Country Planning (Development Management
Procedure) (Wales) (Amendment) Order 2016
Schedule 4 Consultations Before the Grant of Permission
Paragraph L
(i) Development which has a direct physical impact on a scheduled monument.
(iii) Development likely to affect the site of a registered historic park or garden or
its setting;
(iv) Development within a registered historic landscape that requires an
Environmental Impact Assessment
(v) Development likely to have an impact on the outstanding universal value of a
World Heritage Site
Cadw in the planning system
29. (ii) Development likely to be visible from a scheduled monument and which
meets one of the following criteria–
a) it is within a distance of 0.5 kilometres from any point of the perimeter of a
scheduled monument;
b) it is within a distance of 1 kilometre from the perimeter of a scheduled
monument and is 15 metres or more in height, or has an area of 0.2 hectares or
more;
c) it is within a distance of 2 kilometres from the perimeter of a scheduled
monument and is 50 metres or more in height, or has an area of 0.5 hectares or
more;
d) it is within a distance of 3 kilometres from the perimeter of a scheduled
monument and is 75 metres or more in height, or has an area of 1 hectare or
more; or
e) it is within a distance of 5 kilometres from the perimeter of a scheduled
monument and is 100 metres or more in height, or has an area of 1 hectare or
more.
Setting