# / . 4 % 8 4 - ! 9 ,%'!, "2)%&).' #ONSERVATION AND THE NEW PLANNING SYSTEM 4HE HISTORIC ENVIRONMENT IS NO LONGER BEING ACCORDED THE PRIVILEGED PLACE IT ONCE HELD WITHIN THE PLANNING SYSTEM REPORT #HARLES -YNORS AND !LEX "OOTH 0RACTITIONERS WILL HAVE BEEN AWARE OF THE RECENT COMING INTO FORCE OF PARTS OF THE 0LANNING AND #OMPULSORY 0URCHASE !CT DESCRIBED BY THE EDITOR OF THE 0LANNING %NCYCLOPAEDIA AS @BY FAR THE MOST SIGNIFICANT PLANNING LEGISLATION SINCE THE 4OWN AND #OUNTRY 0LANNING !CT /R AT LEAST THEY SHOULD HAVE BEEN AWARE OF IT 4HIS ARTICLE LOOKS AT SOME OF THE IMPLICATIONS OF THAT !CT AND THE RELATED SECONDARY LEGISLATION AND POLICY GUIDANCE FOR CONSERVATION 4HE !CT SIGNIFICANTLY AS WELL AS INTRODUCING IN ESSENCE THE SYSTEM OF LISTED BUILDING CONTROL AS WE HAVE IT TODAY BROUGHT IN THE NOW FAMILIAR SYSTEM OF TWO TIER DEVELOPMENT PLANS STRUCTURE PLANS AND LOCAL PLANS REPLACING THE SINGLE TIER SYSTEM OF PLANS INTRODUCED IN 4HAT TWO TIER SYSTEM WAS ITSELF MODIFIED IN RELATION TO METROPOLITAN AREAS IN %NGLAND IN AND ALL AREAS IN 7ALES IN WITH THE INTRODUCTION OF UNITARY DEVELOPMENT PLANS 4HE !CT BY CONTRAST WHICH CONTAINS VIRTUALLY NO PROVISIONS EXPRESSLY RELATING TO THE BUILT HERITAGE INTRODUCES A WHOLLY NEW SET UP OF REGIONAL SPATIAL STRATEGIES AND LOCAL DEVELOPMENT DOCUMENTS AND IN 7ALES ONLY LOCAL DEVELOPMENT PLANS &UTURE ARTICLES IN#ONTEXT WILL CONSIDER THE PROVISIONS OF 0ARTS AND DEVELOPMENT CONTROL OF THE NEW !CT AND 0ART APPLICATION OF THE PLANNING SYSTEM TO #ROWN LAND 0ART RELATES TO COMPULSORY PURCHASE BUT DOES NOT AMEND THE RULES GOVERNING THE ACQUISITION OF HISTORIC BUILDINGS )T MAY BE NOTED THAT THE NEW ARRANGEMENTS DO NOT APPLY IN 3COTLAND ,EGISLATION NOT NECESSARILY ALONG THE SAME LINES IS EXPECTED THERE IN THE RELATIVELY NEAR FUTURE SEE WWW SCOTLAND GOV UK .EWS .EWS %XTRAS .ORTHERN )RELAND HAS ONLY JUST CAUGHT UP WITH THE 0LANNING AND #OMPENSATION !CT SO IS UNLIKELY TO PRODUCE FURTHER LEGISLATION FOR A WHILE 4HE NEW APPROACH 4HE NEW SYSTEM IN %NGLAND CONSISTS OF REGIONAL SPATIAL STRATEGIES 233S PREPARED UNDER 0ART OF THE !CT AND LOCAL DEVELOPMENT DOCUMENTS ,$$S PREPARED UNDER 0ART 0ARTS AND CAME INTO FORCE ON 3EPTEMBER )N7ALES THERE IS TO BE A 7ALES 3PATIAL 0LAN AND LOCAL DEVELOPMENT PLANS BOTH UNDER 0ART LIKELY TO BE BROUGHT INTO FORCE IN AUTUMN 4HE APPROACH TO BE ADOPTED IN PREPARING SUCH DOCUMENTS IS EXPLAINED IN SECTION OF THE !CT WHICH STATES THAT IT MUST BE DONE @WITH THE OBJECTIVE OF CONTRIBUTING TO THE ACHIEVEMENT OF SUSTAINABLE DEVELOPMENT 4HAT PHRASE IS NOT DEFINED BUT SOME ASSISTANCE IS PROVIDED BY CAREFUL EXAMINATION OF IN THE NEW 0LANNING 0OLICY 3TATEMENT 003 $ELIVERING 3USTAINABLE $EVELOPMENT WHICH REPLACED THE OLD 00' WITH EFFECT FROM EARLY 0ARAGRAPH OF THE 003 EXHORTS PLANNING AUTHORITIES TO ACHIEVE TEN SPECIFIED GOALS THE PENULTIMATE OF WHICH IS @ENHANCE AS WELL AS PROTECT BIODIVERSITY NATURAL HABITATS THE HISTORIC ENVIRONMENT AND LANDSCAPE AND TOWNSCAPE CHARACTER )T IS GOOD TO SEE AN EQUAL EMPHASIS ON ENHANCEMENT AS WELL AS MERE PROTECTION )N DOING THIS AUTHORITIES SHOULD TAKE A @SPATIAL PLANNING APPROACH WHATEVER THAT IS 0ARAGRAPH OF 003 EXPLAINS IT THUS @3PATIAL PLANNING GOES BEYOND TRADITIONAL LAND USE PLANNING TO BRING TOGETHER AND INTEGRATE POLICIES FOR THE DEVELOPMENT AND USE OF LAND WITH OTHER POLICIES AND PROGRAMMES WHICH INFLUENCE THE NATURE OF PLACES AND HOW THEY CAN FUNCTION )T IS ALSO SIGNIFICANT THAT THE DUTY OF LOCAL PLANNING AUTHORITIES IN PREPARING ,$$S TO KEEP UNDER REVIEW THE MATTERS WHICH MAY BE EXPECTED TO AFFECT THE DEVELOPMENT OF THEIR AREAS NOW EXTENDS TO COVER FOR THE FIRST TIME THE @SOCIAL AND ENVIRONMENTAL CHARACTERISTICS OF THE AREA IN QUESTION SEE SECTION OF THE NEW !CT AS WELL AS ITS PHYSICAL AND ECONOMIC ONES 4HIS TOO IS INDICATIVE OF THE BROADENING SCOPE OF PLANNING TO ENCOMPASS MORE THAN JUST TRADITIONAL LAND USE CONCERNS 2EGIONAL PLANNING 4HE STARTING POINT FOR THE NEW SYSTEM IS THAT THERE IS IN FUTURE TO BE A REGIONAL SPATIAL STRATEGY 233 FOR EACH REGION IN %NGLAND 4HIS IS TO BE PREPARED BY THE RELEVANT REGIONAL PLANNING BODY 20" n WHICH WILL BE THE DIRECTLY ELECTED REGIONAL ASSEMBLY IF ONE EVER EMERGES )N ,ONDON THE CORRESPONDING DOCUMENT WILL CONTINUE TO BE THE 3PATIAL $EVELOPMENT 3TRATEGY PREPARED BY THE MAYOR !ND FOR THE MOMENT MOST REGIONAL PLANNING GUIDANCE 20' WILL BE DEEMED TO BE THE 233 UNDER THE NEW ARRANGEMENTS 'UIDANCE ON REGIONAL PLANNING IS GIVEN IN THE NEW 003 2EGIONAL 0LANNING ISSUED IN 3EPTEMBER WHICH MAKES NO REFERENCE TO THE HISTORIC ENVIRONMENT 4HE NEXT TIER DOWN WILL NO LONGER BE THE STRUCTURE PLAN BUT THE LOCAL DEVELOPMENT FRAMEWORK ,$& #OUNTY COUNCILS WILL THUS IN FUTURE HAVE NO STRATEGIC PLANNING FUNCTION EXCEPT IN RELATION TO MINERALS AND WASTE DISPOSAL ALTHOUGH THEY MAY STILL BE INVITED TO SHARE THE WORKLOAD OF DISTRICT AUTHORITIES IN PARTICULAR CASES 4HE LOCAL DEVELOPMENT FRAMEWORK 4HE BASIS OF LOCAL PLANNING WILL IN FUTURE BE NOT A SINGLE DOCUMENT BUT A PORTFOLIO OF LOCAL DEVELOPMENT DOCUMENTS ,$$S SEE SECTION OF THE !CT
RkJQdWJsaXNoZXIy MjgyMjA=