Designation is the act of setting aside something, or devoting it to a particular purpose. In the legal planning context, it is also “the action of choosing a place for a special purpose or giving it a special status”.
Contents
- Types of heritage designation legislation
- Other types of heritage related designation
- Implications of designation
- Implications of designation for planning permission
- Reforming the heritage protection process
- How to designate and de designate a heritage asset
- References
The process of designation confers a legal status on a property by a specific law and provides a degree of legal protection (which varies by country). The term ‘designation’ is used when referring to the formal protection by legal statute for a wide range of heritage assets, including listed buildings and World Heritage Sites as well as many others.
The UK Government publication Planning Policy Statement 5: (Planning for the Historic Environment) states that a designated heritage asset can be: a World Heritage Site, scheduled monument, listed building, protected wreck site, registered park and garden, registered battlefield or conservation area.
Each type of heritage asset is designated as such using different legislation.
Types of heritage designation legislation
In the UK, the process of giving some measure of legal protection to special buildings and other historic artefacts, is grouped under the general term ‘designation of heritage assets’.
This is also sometimes referred to as 'heritage designation' or as the ‘heritage protection process’ and uses a range of different pieces of heritage protection legislation which have been formed piecemeal over the centuries.
The purpose of designating heritage assets is to ensure that the significance and character of the asset in question is protected through the planning system, to ensure they are passed on to future generations.
The UK Government white paper Heritage Protection for the 21st Century describes designation as being “the first step in an effective heritage protection system. It is a means of identifying those aspects of our past that are most important to us, and explaining why they are important. Effective designation is also the basis for decisions about the way we manage change to the historic environment."
In England (note that Scotland, Ireland and Wales have their own legislative frameworks):
Other types of heritage related designation
Implications of designation
The implications of becoming designationed are recognised by a number of designated sites around the world, though the impacts are likely to vary considerably depending on the resources, location and management of the site itself.
Implications of designation for planning permission
Different UK government departments are involved with different parts of designation legislation, which has practical implications for those wishing to apply for planning permission.
In certain circumstances, heritage assets may affected by different pieces of overlapping legislation. A national park may contain scheduled monuments; a listed building may (or may not) be within a conservation area; a registered park and garden can contain a Site of Special Scientific Interest (and so on).
In England, the DCMS is responsible for the designation of heritage assets such as listed buildings; but the Department of the Environment, Food and Rural Affairs is responsible for Sites of Special Scientific Interest (SSSIs), Areas of Outstanding Natural Beauty, village greens etc. On the other hand, the Department of Communities and Local Government is responsible for the planning system. European Union law affects certain locations - such as Special Areas of Conservation (SACs) whilst international law applies to World Heritage Sites
Reforming the heritage protection process
There has been a long series of investigations, reports and plans to reform and restructure the heritage protection process.
Planning Policy Statement 5: Planning for the Historic Environment (PPS5) 2010 sets out planning policies on the conservation of the historic environment.
The Penfold Review was set up by the Department of Business, Innovation and Skills to identify whether non-planning consents delay or discourage investment published its final report in July 2010.
More recently the controversial draft National Planning Policy hopes to streamline planning policy whilst “reaffirming protections for the historic environment and heritage”.
How to designate and de-designate a heritage asset
In England, anyone can apply to English Heritage to ask for a building, monument, wreck etc. to be considered for designation. It is not necessary to be the owner of the asset in order to apply for it to be designated. There is an application form and guidance notes on the organisation’s web site. Site that are under threat, for example of demolition, removal or salvage are given priority. The following information is required:
It is also possible to ask for a site to be de-designated (or de-listed). If the Secretary of State agrees that a building (or other historic asset) no longer meets the statutory criteria for being included on the Heritage List, he can authorise it to be de-designated. Scotland, Wales and Northern Ireland use different processes.