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THE HISTORIC ENVIRONMENT
Definition
9. The environment, whether rural or urban, on land or under water, has a historic dimension that contributes to its quality and character. We can see it in the patterns in our landscape - the layout of fields and roads, and the remains of a wide range of past human activities. Within this historic environment, shaped by human and natural processes over many years,
are the ancient monuments, archaeological sites and landscapes, historic buildings, townscapes, parks, gardens and designed landscapes and our marine heritage that are recognised as having particular value. The context or setting in which specific historic features sit and the patterns of past use and places important for their historic associations are part of the historic environment. It is these elements which the planning system, where it has responsibility, seeks to manage in a sustainable way.
Legislation
10. The historic environment is covered by the following legislation:
- Planning (Listed Buildings and Conservation Areas)(Scotland) Act 1997
- Ancient Monuments and Archaeological Areas Act 1979
- Town and Country Planning (Scotland) Act 1997
- Planning etc. (Scotland) Act 2006
- Protection of Wrecks Act 1973
11. The role of the planning system in the protection of the historic environment is reflected in the above legislation and set out in the Town and Country Planning (General Development Procedure) (Scotland) Order 1992, and its 1994 and 2007 amendments; the Town and Country Planning (General Permitted Development) (Scotland) Order 1992 and in the notification requirements of the Town and Country Planning (Notifications of Applications) (Scotland) Direction 1997. Circulars 6/1992 and 4/2007 provide further information.
12. Planning authorities should make policy provision for the historic environment to ensure that its special qualities are safeguarded. This should cover statutory and non-statutory designations while recognising that non-designated heritage assets, such as archaeological remains, can be a material consideration in the planning process.
Statutory Designations
Listed Buildings
13. Listed buildings are buildings of special architectural or historic interest and are listed by Historic Scotland on behalf of Scottish Ministers. The term building has a broad definition and includes structures such as walls and bridges. Listing covers the whole of a building including its interior and any ancillary structures within its curtilage provided these were constructed before 1 July 1948. The Listing and Listed Building Consent processes are described in the relevant SHEPs. Planning authorities are responsible for handling applications for listed building consent and for assessing the impact of development proposals on listed buildings and their settings. While recognising that two distinct procedures are involved, planning authorities should ensure that consideration of listed building consents and planning applications affecting the same building(s) are dealt with in a co-ordinated manner.
Conservation Areas
14. Conservation areas are areas of special architectural or historic interest, the character or appearance of which it is desirable to preserve or enhance. Selection and designation is carried out by the planning authority, although Scottish Ministers have reserve powers to designate conservation areas. Designation provides the basis for the positive management of an area and for planning authorities to bring forward proposals for their preservation or enhancement. Further advice on the effective management of conservation areas is available in PAN 71 Conservation Area Management.
Scheduled Monuments
15. Scheduled monuments are archaeological sites, buildings or structures of national importance and are designated by Historic Scotland on behalf of Scottish Ministers. Scottish Ministers' policy on scheduling and the 2006 criteria for determining national importance is set out in SHEP 2: Scheduling. The scheduled monument consent process is separate from the statutory planning process and applications are dealt with by Historic Scotland. Where works requiring planning permission affect a scheduled monument, the protection of the monument and its setting are material considerations. Historic Scotland should be consulted.
Designated Wreck Sites
16. The Protection of Wrecks Act 1973 gives powers to Scottish Ministers to declare wrecks of historic, archaeological or artistic importance and the sites of these wrecks in Scotland's territorial waters (out to 12 nautical miles) as protected areas. Scottish Ministers through Historic Scotland control certain activities on Designated Wreck Sites by a licensing regime. With the extension of planning control to marine fish farming, planning authorities should be aware of the need to consider such sites and consult Historic Scotland where necessary.
Non-Statutory Designations
World Heritage Sites
17. World Heritage Sites are inscribed/designated by UNESCO on the basis that they are of outstanding, universal, cultural or natural heritage value. No additional statutory controls result from designation, but a clear planning policy framework and a comprehensive management plan should be established to assist in maintaining and enhancing the quality of these areas. The impact of proposed development upon a World Heritage Site and its setting is a key material consideration in determining planning applications.
Gardens and Designed Landscapes
18. An Inventory of Gardens and Designed Landscapes in Scotland is compiled and maintained by Historic Scotland. The effect of proposed development on a garden or designed landscape is a material consideration in the determination of a planning application. Planning authorities should consult with Scottish Ministers through Historic Scotland on any proposed development that may affect a site contained in the Inventory. Circular 4/2007 provides further information.
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