Forthbank Wind Energy Development - Partnerships for Renewables

Forthbank Wind Energy Development
10.2.8 Scottish Natural Heritage responded on 20 January 2010 and noted that Historic Scotland
were now the statutory consultee with regard to Inventory–listed Gardens and Designed
Landscapes.
Legislation and Guidance
10.2.9 The following were referenced during the preparation of this chapter:
Legislation
• Ancient Monuments and Archaeological Areas Act (1979) provides Scheduled
Monuments (SAMs) with protection. Scheduling is administered by Historic
Scotland, which maintains a list of all SAMs and enforce the protection. Scheduled
Monument Consent is required for works that affect or alter SAMs, with the
exception of some agricultural activities.
• Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997. A list of
buildings of special architectural or historic interest is maintained by Historic
Scotland. Development affecting the character of such designated features is
subject to listed building consent via the Planning Authority under the Act.
• The Inventory of Gardens and Designed Landscapes in Scotland list is compiled by
Historic Scotland. The purpose of the Inventory is to identify sites of national
importance at the time of designation. Such designation is not the same as
affording statutory protection. Under Article 15 of the Town and Country Planning
(General Development Procedure) (Scotland) Order 1992, [as amended April 2007],
planning authorities must consult with Historic Scotland on any proposed
development that may affect a site contained in the Inventory.
Planning Guidance
• Scottish Planning Policy, February 2010 (SPP). SPP has superseded and
consolidated Scottish Planning Policy 23 (SPP23) Planning and the Historic
Environment. The policy recognises that the historic environment is a key part of
Scotland’s cultural heritage and it enhances national, regional and local
distinctiveness. SPP sets out to ensure that planning authorities safeguard historic
assets. The historic environment comprises statutory and non-statutory
designations that are material considerations when determining planning
applications. The policy recognises that the historic environment can be adapted to
accommodate new uses whilst retaining its special character.
• The Scottish Historic Environment Policy (SHEP) 2009 complements and has the
same authority as the Scottish Planning Policy series and other Ministerial policy
documents. The SHEP is a relevant document in the statutory planning,
Environmental Impact Assessment (EIA) and Strategic Environmental Assessment
(SEA) processes. It has been prepared and was published in parallel with the
former SPP23.
November 2010 Chapter 10 Page 3
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