The Scottish Government

Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997

Sets the framework for listing buildings and designating conservation areas. Makes provision for regulative measures where development or other works affect listed buildings. Also sets out grant aid opportunities.

Provides the legislative basis for the built heritage content of the SPP.

Ancient Monuments and Archaeological Areas Act (1979)

Protects scheduled ancient monuments. Sets out scheduling and inspection procedures and details how works affecting scheduled ancient monuments should be controlled.

As above.

Memorandum of Guidance on Listed Buildings and Conservation Areas, Historic Scotland (1998)

Sets out advice on the designation and protection of listed buildings, conservation areas, gardens and designed landscapes, reflecting the legislation outlined above. Specifically defines the role of planning authorities, including in terms of development management and enforcement.

The SPP plays an important role in complementing these provisions.

NPPG 5 Archaeology and Planning (1998)

Sets planning policies and guidance relating to archaeological resources. Notes that both designated sites and unknown resources are of importance to the cultural heritage and identity of Scotland. Recommends that planning authorities play a key role in safeguarding such resources from inappropriate development.

This, together with NPPG 18, forms the basis of the SPP.

NPPG 18

Planning and the Historic Environment (1999)

Sets out national planning policy relating to the historic environment, including listed buildings, conservation areas and gardens and designed landscapes. States that the planning system has a key role to play in protecting such resources from development, through recognising their value in development plans and making appropriate development management decisions.

This, together with NPPG 5, forms the basis of the SPP.

SHEP 1 (2007) (and associated SEA)

Provides an overarching framework for policies relating to the Scottish historic environment. Notes that the historic environment is constantly changing, and that associated policies are also evolving. Emphasises the links between the past and the future, with historic buildings influencing high quality modern design.

The SHEP provides the overall framework for historic environment policy within which the SPP is set.

SHEP 2 (2006) Scheduling: protecting Scotland's nationally important monuments

Sets out national policy for identifying and designating ancient monuments. Notes the importance of the planning system, running in parallel with this process. Emphasises the value of ancient monuments as an important and non-renewable part of our cultural heritage.

As noted in the SHEP, this policy runs alongside the SPP. Impact of development proposals on SAMs are a material consideration within the statutory planning process.

SHEP 3 (2006) Gardens and Designed Landscapes (Consultation Paper)

Sets out proposals and consultations for policies relating to gardens and designed landscapes. Aims to provide a framework for identifying, protecting and managing change. Outlines the role of SNH and notes that this will become Historic Scotland's responsibility in coming years, following recent reviews.

The value and conservation needs of gardens and designed landscapes is reflected within the SPP.

Passed to the Future: Historic Scotland's Policy for the Sustainable Management of the Historic Environment (2002)

Sets out the key principles for achieving a sustainable historic environment, including recognising value, good stewardship, assessing impact and working together. Notes that natural and human impacts on the historic environment should be taken into account.

These aims, along with SHEP 1, inform the scope and content of land use planning policy on the historic environment.

Council of Europe, European Landscape Convention (2000)

States that landscapes across Europe make an important contribution to quality of life and cultural identity, but that they are being transformed as a result of a number of factors, including town planning, transport and infrastructure and the economy. Requires Member States to develop more comprehensive frameworks to protect and enhance landscapes.

Important to recognise cultural heritage value of designated and non-designated landscapes within policy and assessment.

SNH Natural Heritage Futures (2002)

Provides baseline information for the assessment, and also draws attention to particularly important processes of change. Priorities for future landscape management include creating better settings for towns and cities, creating industrial landscapes that reflect local identify, careful siting and design of development along key rural transport routes, management of agricultural change, forestry restructuring to improve 'naturalness' and sensitive management of natural processes e.g. flood management using soft engineering.

Important to take into account when considering scope for conservation of the historic environment. Helpful source of information in particular for identifying scope to complement measures focusing on natural heritage protection and enhancement.

NPPG 14

Natural Heritage (1999)

Sets out planning policy relating to natural heritage, including landscape. Notes that Scotland has diverse and valued landscapes that characterise national, regional and local cultural, aesthetic and historic identity. Outlines the various levels of protection that many landscapes are afforded, but also notes that often their character can be under pressure from processes of change. States that the planning system has a role to play in protecting landscapes from inappropriate or poorly designed development, and achieving enhancement close to settlements and in areas which have been degraded. Notes that some of the country's most sensitive and remote landscape may have little or no capacity to accept new development.

The SPP supports these aims as far as possible, and recognises that conservation of cultural heritage resources could complement or undermine natural heritage conservation and enhancement programmes.

PAN 60

Planning for Natural Heritage (2000)

Confirms the importance of planning for landscape protection and enhancement, including for nationally important landscapes (National Parks, National Scenic Areas, designed landscapes and wild land). States that development plans should reflect their distinctive landscapes and that high standards of design and use of appropriate materials should help to minimise intrusion from inappropriate development.

The SPP supports these aims as far as possible (see NPPG 14 above).

SPP 21

Green Belts (2006)

Updates national planning policy relating to green belts. States a continuing commitment to green belts as a tool for providing greater certainty and safeguarding against inappropriate development on the urban fringe. Aims to maximise the benefits of green belts by positive and co-ordinated planning. Notes that management of the historic environment is an appropriate use in the greenbelt, and states that conservation of historic agricultural buildings and reuse of heritage assets should be viewed favourably.

The SPP supports these aims as far as possible. The special role of green belts in safeguarding the character of historic towns and villages should be noted.

Scotland's Living Landscapes: Places for People. Report to Scottish Ministers by the Scottish Landscape Forum (2007)

Calls for leadership on landscape protection by the Scottish Government and other public bodies. Recommends a people-centred approach, to ensure that wider understanding and appreciation of landscape quality is promoted. Aims to strengthen the institutional framework, particularly by improving policy coverage of the issues - suggested an overarching national landscape policy, to be prepared with stakeholder inputs and provide guidance on the review of SPP 14. Also defines the future role of the Forum.

Does not represent adopted policy, but usefully emphasises priorities for national landscape conservation.

Convention on Wetlands of International Importance 1971 (amended 1982 and 1987)

Otherwise known as the Ramsar Convention, this emphasises the special value of wetland, particularly as a key habitat for waterfowl. The Convention resulted in designation of sites for management and conservation at international level. Further research has been undertaken that particularly explores the cultural significance of wetland resources, as discussed at the 2002 Ramsar conference.

The SPP recognises the links between natural heritage conservation and protection of the historic environment.

Bern Convention on the Conservation of European Wildlife and Natural Habitats (1979)

Aimed to promote co-operation between European states to protect biodiversity.

As above.

UN Convention on Biological Diversity (1992)

Article 6 requires that all parties to the Convention develop national biodiversity strategies, plans or programmes, and that they seek to integrate the provisions of these across other policy sectors. Article 7 requires the identification of key resources, and their protection. Monitoring of potentially damaging processes and activities should also be undertaken.

As above.

Council Directive 92/43/ EEC on the conservation of natural habitats and of wild fauna and flora

Established a commitment to designating networks of sites of ecological importance across Europe. These are known as Natura 2000 sites and include special protection areas ( SPAs designated under the Birds Directive - see below) and special areas of conservation ( SACs).

As above.

Council Directive 79/409/ EEC on the conservation of wild birds

Protects all wild birds (together with their nests and eggs) and their associated habitats. Commitment to designation of SPAs (see previous).

As above.

The Pan-European Biological and Landscape Diversity Strategy (1995)

The Strategy aims to reverse the decline of landscape and biological diversity, by promoting innovation and proactive policy making. It supports preceding measures for protecting natural heritage, and aims to supplement this by further supporting a number of action themes relating to different environmental resources.

Cultural heritage is an integral part of landscape value, with the Strategy emphasising the importance of maintaining both ecological and landscape diversity. The SPP recognises the intrinsic value of landscapes and biodiversity.

EU Biodiversity Strategy (1998)

Aims to "anticipate, prevent and attack" any reduction or loss of species and habitats across Europe. Supports implementation of the Habitats and Birds Directives and the establishment of networks of protected sites, and aims to achieve conservation by making plans for priority resources.

The SPP recognises the links between natural heritage conservation and protection of the historic environment.

Nature Conservation (Scotland ) Act 2004

Introduced a 'duty to further the conservation of biodiversity' for all pubic bodies, and sets out more specific provisions within this ( e.g. for SSSIs). Also states a requirement for the preparation of a Scottish Biodiversity Strategy, to which all public bodies should pay regard.

As above.

Scotland's Biodiversity - It's In Your Hands. A strategy for the conservation and enhancement of biodiversity in Scotland (2004)

Sets out Scottish aims relating to biodiversity. Seeks to go beyond a previous emphasis on protecting individual sites to achieve conservation at a broader scale. Aims to halt loss and reverse decline of key species, to raise awareness of biodiversity value at a landscape or ecosystem scale, and to promote knowledge, understanding and involvement amongst people.

As above.

NPPG 14 Natural Heritage (1999)

Provides the key statement on planning in relation to natural heritage. Summarises obligations in relation to natural heritage, and provides specific advice on how these can be taken forward in development plans. Notes that landscapes also often have cultural heritage importance, with the combination of built and natural heritage features shaping local identity and contributing to place distinctiveness.

The SPP takes into account the importance of biodiversity, including its role in supporting national cultural identity and sense of place. Important that natural heritage conservation complements, and is complemented by, conservation of the historic environment where possible.

Land Reform (Scotland) Act 2003

Set out a new right of responsible access in Scotland, and made provisions for community right to buy. Core paths to be identified in each local authority area, promoting more widespread and functional walking, cycling and riding and thereby supporting improved levels of physical activity.

The Act complements the SPP by helping to improve access to the historic environment, and therefore increasing awareness of it. Increased access could also have negative impacts on some aspects of the historic environment if inappropriately designed or managed.

SPP3 Planning for Housing (2003)

Aims to ensure that planning promotes high quality residential environments, and delivers an effective and sufficient supply of housing land in appropriate locations. Notes that sustainable extensions to settlements should be carefully planned.

The SPP reflects the opportunities potentially arising from reuse of historic buildings to contribute to the housing stock. Important that the potential effects of housing developments on historic environments and landscapes are appropriately managed.

Scottish Tourism: the next decade. A Tourism Framework for Change (2006)

Reflects on the current buoyancy of Scottish tourism, including growth since 2002, high occupancy rates and strong overseas markets. Notes that heritage and genealogy are key market sectors to be promoted over the coming years.

The SPP recognises the importance of heritage as a tourism resource, and seeks to support this through appropriate planning protection and enhancement where suitable.

EU Thematic Strategy for Soil Protection (2005)

Notes that soil has important functions but that degradation of its quality is accelerating, partly due to wind and water erosion and also as a result of depletion of organic matter content. Notes that soil forms a cultural heritage resource in its own right.

The SPP is unlikely to have a direct role to play in implementing the strategy, although the links between soil and cultural heritage should be noted.

PAN 33 Development of Contaminated Land (2000)

Emphasises the role of the planning system in reclaiming and developing contaminated land as a means of improving its general amenity and environmental contribution. Notes that re-use of brownfield sites should be positively promoted.

The SPP has a useful role to play in raising awareness of the potential cultural heritage value of contaminated land and highlighting how it might be reconciled with the drive to decontaminate and redevelop brownfield sites.

Water Framework Directive 2000/60/ EC

This provides an overarching strategy, including a requirement for EU Member States to ensure that they achieve 'good ecological status' by 2015.

Water-related policies are likely to provide benefits for the historic environment, but may also have negative effects on some resources. The SPP is likely to have a limited role in supporting the implementation of the Directive, but potential interactions should be borne in mind.

Water Environment and Water Services (Scotland) Act 2003 ( WEWS Act)

Transposes the Directive into the Scottish context. Aims to protect the water environment including by ensuring a reliable and high quality supply of water, reducing groundwater pollution significantly, and protecting marine and other waters. More specifically, sets out arrangements for River Basin Management Planning in Scotland and Controlled Activities Regulations.

The aims of the policy have been noted, with potential benefits and disbenefits for the historic environment being borne in mind during the preparation of the SPP.

The Water Environment (Controlled Activities) (Scotland) Regulations 2005

Sets out the process by which activities that have the potential to affect Scotland's water environment are regulated. Authorisation under the CAR is required for discharging to waters, disposal of pollutants to land, abstractions, impoundments and engineering works affecting water bodies.

As above.

SPP 7

Planning and Flooding (2004)

Sets out requirements for planning authorities to take into account flood risk in allocating sites for development and making decisions about applications.

As above.

1996/62/ EC Directive on ambient air quality assessment and management

Overarching Directive on air qualiy that seeks to provide a co-ordinated and consistent approach to air quality in order to avoid negative impacts on health and the environment. Aims to achieve improvements in air quality where it is poor and sets out a framework for monitoring.

Air quality improvements (achieved through these policies) are likely to lead to benefits for the historic environment. Important to ensure that any strategic proposals relating to conservation works do not lead to adverse impacts on air quality.

1999/30/ EC Directive relating to limit values for sulphur dioxide, nitrogen dioxide and oxides of nitrogen, particulate matter and lead in ambient air

Provides more specific guidance on the need to improve air quality and reduce emissions of specific types of gas.

As above.

EU Thematic Strategy on Air Pollution (2005)

Sets out interim objectives for improving air quality. Notes that existing legal instruments will be merged to form single Directive on Air Quality. Sets targets for reducing specific pollutants.

As above.

The Air Quality Strategy for England, Scotland, Wales and Northern Ireland. Working Together for Clean Air (2000)

Provides more specific UK targets for reducing air pollution and sets out local authority responsibilities for achieving most of these. States that land use and transport planning have a key role to play in contributing to these targets.

As above.

Kyoto Protocol (1997)

Sets out international agreement on targets and mechanisms for addressing climate change. Includes commitments to improved energy efficiency, reductions of greenhouse gases, carbon sequestration, sustainable agriculture, renewable energy, appropriate market mechanisms, sustainable transport and waste management.

Useful to take climate change into account when considering current and future robustness of the historic environment. Mitigation and adaptation measures could have a wide range of impacts on the historic environment. Ultimately could result in the need for a more radical review of how realistic current conservation and enhancement objectives might be.

The Second European Climate Change Programme (currently in preparation)

The first programme focused on achieving climate change targets by reducing emissions and increasing carbon sequestration. The review notes that the work identified in the first programme is being undertaken according to plan, but that further measures will be required in order to meet the EU's commitments under the Kyoto agreement.

As above.

Changing Our Ways - Scotland's Climate Change Programme (2006)

Provides national interpretation of broader climate change objectives. States that Scotland is seeking to exceed its share of carbon emission reductions by 1 million tonnes, going beyond UK targets of a 12.5% reduction in greenhouse gases between 2008 and 2012, a reduction of C0 ₂ by 20% by 2010 and 60% by 2050.

As above.

European Strategy for Sustainable Development (renewed, 2006)

Builds on the preceding strategy, by identifying key priorities for an enlarged Europe to focus on up to 2010. This includes an emphasis on conservation of both natural and cultural heritage resources. Notes that urban development has often eroded the historic quality and identity of European cities and reflects on increasing pressure on these resources overall.

The emphasis on an integrated policy framework for cultural heritage conservation should be borne in mind during the preparation of the SPP.

European Sixth Environmental Action Programme 2002-2012 (2002)

Sets out a strategy for the environmental component of sustainable development in Europe. States that climate change, nature and biodiversity, health and quality of life and natural resources and waste should be prioritised. Provides a framework for new national level environmental legislation, and encourages involvement and integration of environmental issues across wider policy sectors.

This emphasis on natural resources should be noted. Any potential support for this policy agenda, including avoidance of adverse effects, should be highlighted.

Scottish Executive et al (2005) One future - different paths - The UK's shared framework for sustainable development

Sets out shared commitments by the devolved administrations to achieving sustainable development. Focuses on a 'new' definition of sustainable development where current populations can meet their needs without prejudicing the quality of life of future generations. Emphasises natural components of environmental conservation.

This framework focuses primarily on sustaining the natural environment. Also scope for the historic environment to benefit from this policy, given its commitment to prudent use of resources, and emphasis on thinking about the needs and aspirations of future generations.

Choosing Our Future - Scotland's Sustainable Development Strategy (2005)

Sits under the cross-national shared framework for sustainable development to define Scottish priorities for sustainable development. Aims to mainstream sustainable development, measure progress more explicitly and strengthen accountability. Makes specific commitments in relation to the built environment, focusing on measures for making new developments more sustainable.

The SPP emphasises the role that conservation of the historic environment can play in sustainable development.

Planning etc. (Scotland) Act 2006

Introduces reforms of the Scottish Planning System. Aims to strengthen community involvement, and to make development plans and development management more efficient.

The SPP takes into account and reflects the changes to the planning system arising from the Act.

SPP1 The Planning System (2002)

Defines the overall role of the planning system in achieving sustainable development. Notes that planning should conserve cultural heritage resources as an integral part of sustainable development.

The overall commitment to sustainable development being delivered through the planning system is reflected in the SPP.

National Parks (Scotland) Act 2004

Sets out the four aims of National Parks in Scotland: conservation and enhancement of natural heritage, sustainable use of natural resources, promoting understanding and enjoyment and the sustainable economic and social development of the area's communities. Includes commitment to conserving cultural heritage of these areas, as well as natural heritage.

The importance of National Parks in cultural heritage terms could be reflected as appropriate within the SPP.

Designing Places: A Policy Statement for Scotland, (2001)

Aims to promote high quality design within planning throughout Scotland. States that good design is an essential part of sustainable development, and aims to encourage collaboration and training amongst development professionals in order to deliver higher quality standards. Notes that conservation provides the foundations for what makes places work

Links with the quality design policy agenda should be established as appropriate.

SPP 20

Role of Architecture and Design Scotland (2005)

Defines the role of Architecture and Design Scotland in relation to the planning system. Emphasises the importance of delivering high quality design in all types of development, and notes that advice should be provided where developments have potential impacts on the historic environment.

This support and advice is taken into account within the SPP.