How can the possibility of harm to a heritage asset be assessed?
How can the possibility of harm to a heritage asset be assessed?
How can the possibility of harm to a heritage asset be assessed? It is the degree of harm to the asset’s significance rather than the scale of the development that is to be assessed. The harm may arise from works to the asset or from development within its setting.
What is an undesignated heritage asset?
Identification of non-designated heritage assets A heritage asset is defined by the Government’s National Planning Policy Framework as a building, monument, site, place, area or landscape identified as having a degree of significance meriting consideration in planning decisions because of its heritage interest.
What are the 4 key elements as defined by Historic England that define the main areas of heritage significance?
Definition: Cultural Heritage Site “A place, locality, natural landscape, settlement area, architectural complex, archaeological site, or standing structure that is recognized and often legally protected as a place of historical and cultural significance.”
Can you demolish a locally listed building?
Some buildings can be demolished without planning permission and local listing does not affect that, although an article 4 direction issued by the local planning authority can reinstate the requirement for planning permission for demolition of a locally listed building.
Why was paragraph 196 of the NPPF challenged?
The central ground was that paragraph 196 of the NPPF is confined to balancing the benefits which actually arise from the proposal in question (in this case, demolition), rather than some future separate and undefined proposal for re-development. The challenge was also brought on grounds of irrationality and inadequate reasoning.
Is there a conflict between statutory duty and NPPF?
There is no conflict between the statutory duty in s.66 (1) of the Planning (Listed Buildings and Conservation Areas) Act 1990 and government policy regarding listed buildings as set out in the NPPF. [48] North Norfolk District Council v SSCLG [2014] EWHC 279 (Admin), Robin Purchas QC
What is the policy in paragraph 128 of the NPPF?
The policy in paragraphs 128 and 129 of the NPPF is in general terms. Its tenor is pragmatic, not prescriptive. It indicates what authorities “should” do when determining applications for planning permission, and, therefore]
How does NPPF para 196 apply to heritage assets?
This paragraph provides that, where the harm caused by a development proposal to the significance of a heritage asset will be less than substantial, that harm “ should be weighed against the public benefits of the proposal including, where appropriate, securing its optimum viable use ”.