HE Planning Bulletin: Recent and forthcoming developments in planning from a heritage perspective

logoThe new Historic England (HE) Planning Bulletin highlights some of the recent and forthcoming developments in planning from a heritage perspective.

… inclusions of heritage in the Bill amendments were subsequently withdrawn….

HE writes (extracts only):

Department of Culture, Media and Sport

  • DCMS has appointed Camilla Finlay as a Trustee of the Historic Royal Palaces…

Ministry of Housing, Communities and Local Government

  • MHCLG has appointed Lord Gary Porter CBE as a new non-executive director on the MHCLG Departmental Board.

Legislation and Matters Arising 

Secondary Legislation

  • The Town and Country Planning (Fees for Applications, Deemed Applications, Requests and Site Visits) (England) (Amendment) Regulations 2021 were introduced on 27 May 2021. Full details of the draft legislation can be found here.

Written Ministerial Statements

  • The Housing Minister has laid an Affordable Housing Update Written Ministerial Statement. This introduces planning policy on First Homes setting out their definition, developer contributions, exemptions, transitional arrangements and exception sites.

Emerging Legislation
Government Bills

  • Clean Air (Human Rights) Bill 2019-20: amongst other things the Bill establishes the right to breathe clean air; requires the Secretary of State to achieve and maintain clean air in England and Wales; and to enhance the powers, duties and functions of the Environment Agency, the Committee on Climate Change, local authorities (including port authorities), the Civil Aviation Authority, Highways England, Historic England and Natural England in relation to air pollution. The Second Reading in the House of Lords is yet to be scheduled.
  • Environment Bill 2019-21, 2021-22: amongst other things the Bill aims to make provision about targets, plans and policies for improving the natural environment, for statements and reports about environmental protection, conservation covenants, and about air quality. The Government has reintroduced the Bill and has said that it demonstrates a ‘commitment to tackling climate change and to protecting and restoring our natural environment for future generations’. The Government published amendments to the Environment Bill which were debated in the House of Lords on 7, 21 and 23 June 2021. The inclusions of heritage in the Bill amendments were subsequently withdrawn. The next debate is scheduled for 30 June 2021 and the Bill expected to become law by Autumn.

Private Members’ Bills

  • Climate and Ecology Bill 2019-21.The Bill requires the Prime Minister to achieve climate and ecology objectives; to give the Secretary of State a duty to create and implement those objectives; to establish a Citizens’ Assembly; and to give duties to the Committee on Climate Change regarding the objectives and strategy. The Bill was presented to Parliament on 2 September 2020. The Second Reading is due to take place on 10 September 2021.
  • Planning (Proper Maintenance of Land) Bill 2019 – 21. The Bill makes provision for increased fines for failures to comply with a notice under section 215 of the Town and Country Planning Act 1990. Jonathan Gullis MP made positive reference to historic buildings and Historic England. It was introduced to Parliament under the Ten Minute Rule. The Second Reading in the House of Commons is due to take place on 14 January 2022.
  • Planning (Enforcement) Bill 2021-22. The Bill to create a national register of persons who have committed planning offences and introduce tougher penalties was introduced on 16 June 2021. The Bill is to receive its second reading on 19 November 2021….

Guidance: Planning Practice Guidance (PPG)

First Homes

  • Policy and guidance on First Homes has been published in the NPPF (paragraph 71) and PPG

Fire Safety and High Rise Buildings

  • Guidance on Fire Safety and High Rise Buildings has been published in the PPG.

MHCLG Letters to Chief Planning Officers


Housing, Communities, and Local Government (HCLG) Select Committee

The Future of the Planning System in England

Download the PDF to read more….

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