Gwynedd
Council’s response to the consultation on the terms of
reference of the Historic Environment (Wales) Bill referred to
below, follow in points 1 to 15.
Terms of reference
The terms of reference for the
Committee’s inquiry are:
To consider—
-
the general principles of
the Historic Environment (Wales) Bill and the need for
legislation with the aim of:
-
giving more effective protection to listed buildings and scheduled
monuments;
-
enhancing existing mechanisms for the sustainable management of the
historic
environment;
·
introducing greater transparency and
accountability into decisions taken on the
historic environment.
·
any potential barriers to the
implementation of the Bill’s provisions and
whether
the Bill takes account of
them,
·
whether there are any unintended
consequences arising from the Bill,
·
the financial implications of the Bill
(as set out in Part 2 of the Explanatory
Memorandum),
-
the appropriateness of the powers in the Bill for Welsh Ministers
to make
subordinate legislation (as set out in
Chapter 5 of Part 1of the Explanatory Memorandum).
Introduction
- In
principle the contents of the Bill is to be welcomed from a more up
to date legislative perspective and stronger guidance in order for
the Conservation area to be more clear and precise. The current
legislation and Circulars are still relevant but are in need of up
dating. Some elements of the new Bill will safeguard protection for
the Historic Environment that is currently weak and lacking.
The general principles of the Historic
Environment (Wales) Bill and the need for
Legislation with the aim of-
-
giving more effective protection to listed buildings and scheduled
monuments;
-
It is considered at present the current legislation is quite
effective, but is not strong enough without enough protection for
listed building or scheduled monuments. The existing circulars,
particularly 61/96 which is relevant to the Local Planning
Authority and the Conservation Unit is extremely useful but is 20
years old now and in need of updating. It is felt that most the
Circular’s contents are still useful but requires more
backbone.
- It is
not considered that much change will occur from the new
consultation system of the Welsh Ministers with listing buildings
as they already carry out this system as good practice since 2005.
However, it is considered that the addition of an interim
protection period on buildings whilst their listing is being
considered is a good addition that would give them protection as if
they were listed. This addition is to be welcomed.
- The
proposal to create a statutory register of parks and historical
gardens is a good addition in principle so that all parks and
gardens are registered as opposed to the existing register where
owners can refuse to be included. We as a Local Planning Authority
already consult on all planning applications effecting parks and
gardens with the Welsh Ministers and the relevant amenity bodies,
therefore it is not considered much change would occur with this
provision.
- The
proposal to extend the scope of urgent works to occupied and
unoccupied buildings and the recovery of costs as a local land
charge is an addition that is welcomed which would mean more
opportunities to serve a notice on occupied buildings in stead of
just unoccupied buildings. This notice is at present frustrating
due to the nature of the building where we cannot serve a notice,
but this new provision would change this which would mean more
protection to buildings under risk.
- As the
Local Planning Authority we deal with a lot of instances where
unauthorised works are carried out on listed buildings and usually
a conversation between an officer and owner ceases this work, but
there is no formal notice to support this. The proposal therefore
to introduce temporary stop notices is a strong provision which
would mean the ability to protect buildings but also as a deterrent
for offenders, primarily as it is effective
immediately.
The general principles of the Historic
Environment (Wales) Bill and the need for
Legislation with the aim of:
-
enhancing existing mechanisms for the sustainable management of the
historic
environment;
-
At present the historic environment records are run from the Welsh
Archaeological Trusts. It is considered that this procedure is very
effective as the nature of these records is within the
archaeological field and the service the Trusts deliver is
informative, detailed and open to everyone. The proposal to
re-locate this register within the Local Planning Authority is
rather confusing, as it is not considered the Planning Authority is
the correct location. The historic environment record is not
relevant to the day to day work of the planning Service and it is
considered it would be re-located elsewhere.
-
Another mater to consider is the cost of re-locating this
provision. Welsh Councils are facing significant cut sin the
intervening years and should the historic environment records be
re-located within the Planning Authorities, it is not
considered that the record would be prioritised from a planning
perspective and the resources are not ready available to provide an
effective Service.
-
The proposal to introduce heritage partnership agreements are to be
welcomed in principle, where it will facilitate the consent system
with large estates. But as they are voluntary agreements, there are
no obligations for owners to enter into such agreements.
-
The Local Planning Authority does not receive applications for
certificates of immunity from listing very often. Within the last 3
years none have been submitted and therefore it is not considered
that much change would occur from the relaxation of this
condition.
The general principles of the Historic
Environment (Wales) Bill and the need for
legislation with the aim of:
·
introducing greater transparency and
accountability into decisions taken on the
historic environment.
-
The proposal to establish an advisory panel for the Welsh historic
environment is acceptable in principle, but to what purpose would
the panel serve? If it were a panel that would offer advice to all
heritage area’s and open to everyone, it could be very
useful. It is considered that the procedures for dealing with
applications for listed building consent is already transparent in
terms of the role of the Local Planning Authority, but that that
same transparency is not the case in terms of the applications that
have the input of Cadw.
The general principles of the Historic
Environment (Wales) Bill and the need for
legislation with the aim of:
·
any potential barriers to the
implementation of the Bill’s provisions and
whether
the Bill takes account of
them:
-
It is considered that the main barriers with this Bill primarily is
resources. A lot of the principles in terms of being fully verified
will be in need of resources within the Local Planning Authority.
In this current economic climate, it is considered that this lack
of resources and the need to prioritise resourcing will be a
significant barrier.
The general principles of the Historic
Environment (Wales) Bill and the need for
Legislation with the aim of:
·
whether there are any unintended
consequences arising from the Bill,
-
Apart from the resources elements on the Bill, it is not considered
that there are any other consequences arising from the Bill.
The general principles of the Historic
Environment (Wales) Bill and the need for
legislation with the aim of:
·
the financial implications of the Bill
(as set out in Part 2 of the Explanatory
Memorandum)
- The
explanatory memorandum explores many different options in terms of
the costing of the Bill. Many of the provisions that are proposed
could have resources implications to the Council. It is considered
that the main cost would be the re-location of the historic
environment records as it would mean training an officer within the
nature of the work and to record all the information.
The general principles of the Historic
Environment (Wales) Bill and the need for Legislation with the aim
of:
-
the appropriateness of the powers in the Bill for Welsh Ministers
to make
subordinate legislation (as set out in
Chapter 5 of Part 1of the Explanatory Memorandum).
-
It is not considered that the powers of the Bill to create
subordinate legislation is a concern and there are no specific
comments at present.