C O N T E X T 1 4 9 : M A Y 2 0 1 7 7 Reconciling infrastructure and heritage Legal briefing Mark Challis writes: Infrastructure schemes often affect the historic environment, frequently to its detriment. Occasionally, the requirements of new infrastructure and the significance of the built historic environment combine to the benefit of both, with spectacular results. Think of St Pancras or King’s Cross stations, for example. This article looks briefly at the ways in which heritage considerations are dealt with under the main ways in which infrastructure schemes, such as roads, railways, energy schemes and airports, are authorised. In the vast majority of cases, the effects of an infrastructure project on the historic environment will be a matter for the environmental impact assessment (EIA) process. Under this the effects, both negative and positive, can be identified and assessed. However, the effect of a project on the historic environment, while important, will usually not be determinative. In many cases it will be trumped by the benefits of the infrastructure scheme, provided that due consideration has been given to the historic environment, and that any intervention is reasonable and proportionate. Infrastructure projects are generally consented in one of four main ways: by Act of Parliament; by development consent order; by Transport and Works Act order; and under the conventional planning system. Heritage considerations are relevant whichever process is used, but how they are taken into account and how works affecting the historic environment are regulated differ under each process. Act of Parliament In a handful of cases, very large and usually linear schemes are authorised by Act of Parliament. The first phase of HS2 has now been authorised by the High Speed Rail (London toWest Midlands) Act 2017, following in the footsteps of the Crossrail Act 2008 and HS1, which was authorised by the Channel Tunnel Rail Link Act 1996. All these schemes had or will have substantial effects on the historic environment. These acts deal with the historic environment in much the same way. To take HS2 Phase 1 as the most recent example: • The act authorises the promoter to carry out the necessary works, including to listed buildings and scheduled monuments (including demolition). • Accordingly, the act dis-applies the need to obtain listed building consent or scheduled monument consent (there is no longer a need to obtain conservation area consent), or to meet various requirements that would otherwise apply to such heritage assets, where this would be inconsistent with the works authorised by the act. • The secretary of state has powers to dis-apply the dis-applications where he considers that appropriate. • The effects of the scheme on the historic environment were considered extensively in the HS2 Phase 1 Environmental Statement under the heading of ‘cultural heritage’. The secretary of state has given numerous commitments as regards heritage and the historic environment in the so-called Environmental Minimum Requirements (see Annex 3, Heritage Memorandum). St Pancras station: new infrastructure meets heritage with spectacular results
RkJQdWJsaXNoZXIy MjgyMjA=