Managing and Protecting our Historic ... - Historic Scotland

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08 | Managing and Protecting our Historic Environment What is Changing? 1 1. Kelvingrove Park, Glasgow What the Act will do The Act amends three pieces of primary legislation on the historic environment: • The Historic Buildings and Ancient Monuments Act 1953 • The Ancient Monuments and Archaeological Areas Act 1979 • The Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 • The Act harmonises aspects of the listing and scheduling systems and aligns these systems more closely with Scotland’s modernised planning regime; improves the ability of central and local government to work with developers and other partners; improves the capacity to deal with urgent threats and increase the efficiency and effectiveness of deterrents; and, helps to ensure that Historic Scotland is able to meet the expectations of visitors in the 21st century. • The Act does not place any significant new burdens or duties on public or private bodies or individuals. • The Act contributes to the Scottish Government’s Purpose 1 , and introduces greater harmonisation of the law in this area improving the ability of the Scottish Ministers and the planning authorities to work with partners to manage Scotland’s historic environment. • The Act is part of the Scottish Government’s programme to streamline, simplify and clarify the system for protecting and managing the historic environment and should be seen as complementing work which is already being taken forward by Historic Scotland in partnership with the local authorities. The three principal Acts are supplemented by various Scottish Government guidance: • National planning policy on the historic environment is set out in the consolidated Scottish Planning Policy (SPP). • SPP is supported by Planning Advice Notes (PAN). • The Scottish Historic Environment Policy (SHEP) sets out Scottish Ministers’ policy framework for the Historic Environment. • The Managing Change in the Historic Environment guidance notes provide operational guidance (these will replace and expand the now withdrawn Memorandum of Guidance on Listed Buildings and Conservation Areas). In addition to specific protection regimes, all historic assets are also subject to routine planning controls and policies set down by the relevant planning authority. 1 “To focus government and public services on creating a more successful country, with opportunities for all of Scotland to flourish, through increasing sustainable economic growth”: see http://www.scotland.gov.uk/About/scotPerforms/purposes
The Historic Environment (Amendment) (Scotland) Act Explained | 09 2. Sweetheart Abbey, Dumfries and Galloway 3. Mousa Broch, Shetland Islands 2 3 Scheduled monuments What is scheduling? The Ancient Monuments and Archaeological Areas Act 1979 places a duty on Scottish Ministers to compile, maintain and publish a Schedule of monuments of national importance. Scheduling is the process of adding monuments to this list. Altogether, over 260,000 archaeological sites and monuments, architectural objects and historic wrecks have been recorded in Scotland. Of these, some 8,150 monuments are currently scheduled, with more added to the Schedule every year. The oldest scheduled monuments date from around 8,000-6,000 years ago, when people first settled in Scotland; the most recent include Second World War gun emplacements and anti-invasion defences. In between is a range of monuments of all types, from prehistoric chambered cairns to Roman forts, from early medieval carved stones to industrial mills. Scheduled monuments are found across Scotland, in town and countryside. Historic Scotland’s Monument Wardens visit scheduled sites periodically to monitor their condition and advise owners and occupiers on their management. Historic Scotland periodically reviews existing schedulings as part of its areabased scheduling programmes. Historic Scotland assesses monuments for scheduling against guidance and criteria set out by Scottish Ministers in the SHEP (Annex 1). Who is notified when a monument has been scheduled? Consultation and discussions take place with owners, occupiers and other interested parties all through the scheduling process, including on the field visit. Owners and occupiers are formally notified of the scheduling by Historic Scotland once the process has been completed; the planning authority is also informed. The fact that a site has been scheduled does not affect ownership of the land, nor carry with it any additional rights of public access, nor bring with it any additional obligation to maintain a site. Is there a right of appeal against scheduling? While there is no appeal against scheduling, if Historic Scotland is minded to refuse scheduled monument consent, an applicant can have the case considered by an independent Reporter. The final decision is then taken by Scottish Ministers without the further involvement of Historic Scotland. How do you check for the existence and location of a scheduled monument? Some scheduled monuments are obvious, such as upstanding prehistoric burial mounds or medieval castles. Others may be inconspicuous or not obvious to the naked eye, such as prehistoric settlements in cultivated areas which may only be visible from the air as crop marks. There are several ways to find out about scheduled monuments.
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