Following on from the Localism Act and the National Planning Policy Framework, the Enterprise and Regulatory Reform Bill, currently before Parliament, forms another important part of the Government's reform of the planning system.

It will implement commitments to legislative reform made in response to the Penfold Review of Non Planning Consents (July 2010) which found that the various consent regimes were "numerous and complex" leading to delay, uncertainty and cost to business.

By making provision for the reduction in the legislative burden and removing "red tape", the broad aim of the Bill is to cut the costs of doing business in Britain, boosting consumer and business confidence and helping the private sector to create jobs. In relation to the Heritage Planning Regime the Bill seeks to:

  • Simplify heritage consents by merging conservation area consent with planning permission, thereby simplifying the current system which requires two separate applications. It will remove the requirement for Conservation Area Consent when demolishing unlisted buildings in a Conservation Area requiring planning permission to be obtained instead. A new offence for failure to obtain the required planning consent will be introduced.
  • Make it easier to apply for a Certificate of Immunity, which is a legal guarantee that the building(s) named in it will not be statutorily listed as being of special architectural or historic interest during the five years from the date of the Certificate.

The issuing of a Certificate also prevents the local planning authority from serving a Building Preservation Notice on the building during that five year period. Under the proposed legislation, applying for a Certificate could be done at any time rather than solely when a planning application is submitted.

  • Introduce Heritage Partnership Agreements. These may be entered into between Councils and owners of large heritage estates to help manage changes over the long term without the need to repeatedly apply for consent.
  • Allow the Heritage List for England to identify the extent of special interest in a listed building, making it easier for English Heritage to decide what requires protection and what can be altered and providing clarity for landowners and developers.

English Heritage, who have been working towards improvements to the heritage protection system for some years, said the changes will help "deliver clearer and faster decisions, support timely understanding of the significance of heritage assets and potential development sites, and will support local planning authorities and the owners of designated heritage to focus effort and resources on managing changes with a real impact on special interest".

The Government anticipates that the changes will result in savings for owners, occupiers and developers as well as for English Heritage and local planning authorities and the public will benefit from the better management of heritage assets. It is claimed the changes will improve the operation of heritage consent regimes without reducing necessary protections.

The Bill was returned to the House of Commons for its Report Stage on 17th July 2012.

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