Heritage issues in determining planning applications

Published by a UUÂãÁÄÖ±²¥ Planning expert
Practice notes

Heritage issues in determining planning applications

Published by a UUÂãÁÄÖ±²¥ Planning expert

Practice notes
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STOP PRESS: An updated version of the National Planning Policy Framework (NPPF) was published on 12 December 2024. This content is being reviewed in accordance with the latest version.

Statutory duty to consider heritage impacts in determining planning applications

Until 4 November 2024, the planning law on heritage assets (including conservation areas and listed buildings) in Wales was set out in the Planning (Listed Buildings and Conservation Areas) Act 1990 (P(LBCA)A 1990). The Historic Environment (Wales) Act 2023 (HE(W)A 2023), which received Royal Assent on 14 June 2023, consolidated and replaced legislation in relation to the historic environment in Wales from 4 November 2024 onwards.

Statutory duty in England

P(LBCA)A 1990, s 66 states that when considering whether to grant planning permission for development which affects a listed building or its setting, the local planning authority (LPA) (which includes the Mayor of London in relation to the grant of planning permission by Mayoral development order) or Secretary of State must have special regard to the desirability of preserving or enhancing the building or its setting, or any features

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Application definition
What does Application mean?

Interim applications in civil proceedings are governed by the cpr provisions relevant to the specific type of application. Interim applications include those for extensions of time, summary judgment, security for costs, injunctions, amending a statement of case, etc.

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