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CONTEXT
THE HISTORIC ENVIRONMENT
8. We can see the historic environment in our landscape, the layout of fields and roads, and the remains of a wide range of past human activities. The historic environment includes ancient monuments, archaeological sites and landscapes, historic buildings, townscapes, parks, gardens and designed landscapes and other features. It comprises both statutory and non-statutory designations.
SETTING
9. The location of historic features in the landscape and the patterns of past use and activity are part of the historic environment. Setting is more than the immediate surroundings of a site or building and, for example, may be related to the function or use of a place, or how it was intended to fit into the landscape or townscape, the view from it or how it is seen from around, or areas that are important to the protection of the place, site or building.
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
- Protection of Military Remains Act 1986
The role of the planning system in the protection of the historic environment is reflected in the above primary legislation and associated secondary legislation.
11. The UK Government has international obligations in relation to the historic environment, including:
- The Granada Convention for the Protection of the Architectural Heritage of Europe
- The Convention Concerning the Protection of the World Cultural and Natural Heritage
- The Valletta Convention on the Protection of the Archaeological Heritage
- The European Landscape Convention
While it is the UK Government's responsibility to ensure that all parts of the UK observe the terms of the Conventions, the Scottish Government and planning authorities have key roles to play in realising the Conventions' aims.
12. Planning interest in the historic environment covers statutory and non-statutory designations. Both are material considerations 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 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. Change should be managed to protect a building's special interest while enabling it to remain in active use. 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. The Listing and Listed Building Consent processes are described in the current SHEP.
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 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. The current SHEP provides further detail.
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 under the terms of the Ancient Monuments and Archaeological Areas Act 1979. Scottish Ministers policy on scheduling and the criteria for determining national importance (superseding those published in PAN 42: Archaeology) are set out in the current SHEP. Scottish Ministers include a monument in the schedule to secure the long term legal protection of the monument in the national interest, in situ and as far as possible in its existing state. The Scheduled Monument Consent process is separate from the statutory planning process. The SHEP provides further detail on how scheduled monument consent applications are dealt with.
Designated Wreck Sites
16. Scottish Ministers, under the Protection of Wrecks Act 1973, can 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. There is a further licensing system, administered by the Ministry of Defence, for sites on land or sea, designated under the Protection of Military Remains Act 1986.
NON-STATUTORY DESIGNATIONS
World Heritage Sites
17. World Heritage Sites are inscribed by UNESCO on the basis that they are cultural and/or natural heritage sites which have "outstanding universal value", and have "authenticity" and "integrity". The UK Government has overall responsibility for policy on World Heritage Sites, but for sites in Scotland, responsibility for identifying and nominating individual sites, and ensuring they are properly protected, mainly through requiring that appropriate local frameworks are in place, lies with the Scottish Government. No additional statutory controls result from designation, but a specific policy within a clear planning policy framework, for example a local development plan or supplementary planning guidance, should be established to assist planning authorities fulfil their key role in managing development within these sites.
Gardens and Designed Landscapes
18. An Inventory of Gardens and Designed Landscapes in Scotland is compiled and maintained by Historic Scotland. Scottish Ministers policy for Gardens and Designed Landscapes, is set out in the current SHEP. This SHEP also sets out the role of planning authorities in protecting and enhancing gardens and designed landscapes.
Other Historic Environment Interests
19. There are a range of other non-designated archaeological sites, monuments and areas of historical interest, including battlefields, historic landscapes, other gardens and designed landscapes, woodlands and routes such as drove roads which do not have statutory protection. These, however, are an important part of Scotland's heritage and Government policy is to protect and preserve these wherever feasible. Planning authorities should consider the potential to protect these resources through the planning process. They can be protected under the planning system, for example, through conservation area or landscape designations and included in development plans to inform planning decisions. In terms of battlefields, Scottish Ministers have recently consulted on a proposed new policy for the protection of historic battlefields of national importance.It is expected that this will be published during the lifetime of this SPP and planning authorities will be expected to implement its provisions.
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