www.cymru.gov.uk

Gwilym Hughes Chief Inspector of Ancient Monuments and Historic Buildings and

Neil MaylanSenior Historic Environment Planning Officer

Cadw, planning and the historic environment of

Wales PINS Wales Stakeholder

Event

The Historic Environment (Wales) Act 2016

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.’

New philosophyShift to a focus on sustainable management of change

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

Review of planning policy, advice and guidance

Planning Policy Wales Chapter 6 – consultation ended May 2016

Technical Advice Note – consultation ends October 3rd 2016

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

Scheduled MonumentsMain changes:• Temporary stop notices• Enforcement• Defence of ignorance• Definition

Listed Buildings• Temporary stop notices• Extending scope of urgent works• Introduction of local land charges• Preservation notices• Certificates of immunity

Allowing greater transparency and accountability when decisions are made to designate historic assets

Consultation, interim protection and review

Heritage partnership agreements

For both listed buildings and scheduled monuments.

Historic Parks and Gardens

A statutory register

Historic environment records (HERs)

HER Guidance

which will apply to:

• Local authorities in Wales

• National Park authorities in Wales

• Natural Resources Wales

Historic Place Names

An Advisory Panel for the Welsh Historic Environment

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

Best practice guidance

Currently out for Consultation

6 Documents

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 AssessmentsForthcoming consultation• Historic parks and gardens• Historic character• Historic buildings at risk

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.

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.

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.

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.

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.

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.

Best practice guidance

Coming Soon

• Historic parks and gardens• Historic character• Historic buildings at risk

and

• Statutory guidance on Historic Environment Records

Cadw in the planning systemTown and Country Planning (Development

Management Procedure) (Wales) (Amendment) Order 2015

Amendments relating to the duty to respond toconsultation7. After article 15 insert—

�Duty to respond to consultation

15A.—(1) The requirement to consult whichis prescribed for the purposes of section54(2)(b) of the 2004 Act (duty to respond toconsultation) is that contained in article 14.

(2) For the purposes of section 54(4)(a) of the2004 Act the period prescribed is 21 days

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

(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

How is Cadw Changing?

Diolch yn fawr!