Managing and Protecting our Historic ... - Historic Scotland

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06 | Managing and Protecting our Historic Environment What is Changing? Key elements of the Historic environment Statutory designations Scheduled monuments and listed buildings Many important monuments and buildings are legally protected by their designation as scheduled monuments or listed buildings. Scheduling and listing are entirely different legal processes. Monuments are designated under the Ancient Monuments and Archaeological Areas Act 1979 (‘the 1979 Act’); buildings are listed under the Planning (Listed Buildings and Conservations Areas) (Scotland) Act 1997 (‘the 1997 Act’). By definition a scheduled monument is a monument of national importance. A listed building is, under the terms of the 1997 Act, a ‘building of special architectural or historic interest’. Scheduling and listing are carried out by Historic Scotland who act for Scottish Ministers on all matters relating to the historic environment. planning authorities though Scottish Ministers can, after consultation with a planning authority, also designate conservation areas. New statutory designations: Gardens and designed landscapes Gardens and designed landscapes of national importance are designated as such through inclusion in a published Inventory. This is now a statutory duty under the Act and is explored further on page 26. The criteria for assessment for inclusion within the Inventory of gardens and designed landscapes are set out in full in Annex 4 of the SHEP. The Inventory recognises nationally important sites and guides the management of change affecting them by ensuring that the planning process takes into account the significance of this aspect of the historic environment. Conservation areas Conservation areas are defined under the 1997 Act as ‘areas of special architectural or historic interest, the character or appearance of which it is desirable to preserve or enhance’. Most conservation areas are designated by 1. St Mary’s Chapel, Wyre, Orkney 2. Unstan Chambered Cairn, Orkney 2 1
The Historic Environment (Amendment) (Scotland) Act Explained | 07 Historic battlefields The SHEP 2009 introduced policies to establish an Inventory of nationally important battlefields, similar to that already in place for gardens and designed landscapes. It is now a statutory duty under the Act for Scottish Ministers to compile and maintain an Inventory of battlefields as appear to them to be of national importance. This is explored further on page 26. The Inventory comprises a list of battlefields considered to be of national importance that meet the criteria set out in Annex 5 of the SHEP. The Inventory is currently being delivered in stages and will be completed by March 2012. Protection of historic battlefields will be achieved and regulated through the planning system and policy. Consents Scheduled monuments and listed buildings Once a monument or building has been scheduled or listed, consent may be required for any works to that monument or building, including repairs and maintenance. The different legal processes are known as scheduled monument consent and listed building consent. If a monument is both listed and scheduled, only scheduled monument consent is required for any works. The scheduled monument consent process is managed by Historic Scotland for Scottish Ministers. The process of listed building consent is managed by the planning authorities. For certain listed building applications, if the planning authority is minded to approve consent, they must notify and obtain clearance from Historic Scotland (on behalf of Scottish Ministers) prior to issuing consent. Historic Scotland also provides guidance to planning authorities on the consideration of planning applications affecting sites on the statutory Inventory of gardens and designed landscapes. Conservation areas Most unlisted buildings in conservation areas cannot be demolished unless conservation area consent is first obtained from a planning authority. If the planning authority is minded to grant consent, they must notify and obtain clearance from Historic Scotland (on behalf of Scottish Ministers) prior to issuing consent. Scottish Ministers may choose to allow the planning authority’s decision to stand, or choose to call in the application for their own decision. Properties in the care of Scottish Ministers Historic Scotland holds a number of properties in care or guardianship to ensure their long-term preservation for the public benefit. Together they form an estate comprising a collection of monuments which represents significant aspects of Scotland’s past. Grants Historic Scotland provides a number of grant and funding schemes to support owners in the private, public and ecclesiastical sectors to meet the cost of high-quality building repairs and in the support of bodies and individuals involved in the fields of protection, investigation, education and promotion within the greater historic environment sector.
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