Heritage Definitions

Adaptation means changing a place to suit the existing or proposed use... where it has minimal impact on the cultural significance of the place.

The Burra Charter: The Australia ICOMOS Charter for Places of Cultural Significance 2013

“Value deriving from the ways in which people draw sensory and intellectual stimulation from a place.”

p72, Conservation Principles, English Heritage, 2008

“Voluntary societies…established with the express purpose of preserving the art and architecture of past centuries and promoting the appreciation of such buildings and the cultures that produced them.”

Joint Committee of the National Amenity Societies

See also National Amenity Societies.

1) “Pleasant circumstances or features, advantages.”

Court of Appeal (FFF Estates v Hackney LBC), 1981

2) “That element in the appearance and layout of town and country which makes for a comfortable and pleasant life, rather than a mere existence.”

Re Parramatta City Council ex p. Tooth & Co, Australia, 1955.

“Any scheduled monument and any other monument which in the opinion of the Secretary of State is of public interest by reason of the historic, architectural, traditional, artistic or archaeological interest attaching to it.”

s61(12) Ancient Monuments and Archaeological Areas Act 1979

There will be archaeological interest in a heritage asset if it holds, or potentially may hold, evidence of past human activity worthy of expert investigation at some point. Heritage assets with archaeological interest are the primary source of evidence about the substance and evolution of places, and of the people and cultures that made them.

Annex 2: Glossary, National Planning Policy Framework, Ministry of Housing, Communities & Local Government, June 2019

“To be of special architectural interest a building must be of importance in its architectural design, decoration or craftsmanship; special interest may also apply to nationally important examples of particular building types and techniques (eg buildings displaying technological innovation or virtuosity) and significant plan forms.”

Principles of Selection for Listing Buildings, DCMS, 2010

"Where it appears to [Natural England] that an area which is in England but not in a National Park is of such outstanding natural beauty that it is desirable that the provisions of this Part relating to areas designated under this section should apply to it, [Natural England] may, for the purpose of conserving and enhancing the natural beauty of the area, by order designate the area for the purposes of this Part as an area of outstanding natural beauty."

s82(1) Countryside and Rights of Way Act 2000

"The Secretary of State may from time to time by order designate as an area of archaeological importance any area which appears to him to merit treatment as such for the purposes of this Act..."

Local authorities and Historic England have the same powers in relation to their local authority area and Greater London respectively.

s33 Ancient Monuments and Archaeological Areas Act 1979

An organisation that “provides a forum representing archaeologists working for local authorities and national parks throughout the UK. Its members are senior professional archaeologists employed by local authorities to provide advice on archaeological conservation and management.”

ALGAO

"...means the special connections that exist between people and a place."

The Burra Charter: The Australia ICOMOS Charter for Places of Cultural Significance 2013

“Knowledge and understanding... in relation to original and subsequent characteristics of the cultural heritage, and the basis for assessing all aspects of authenticity. Definition based on The Nara Document on Authenticity (ICOMOS 1994)

"If the Secretary of State or the appropriate local planning authority is satisfied that it is expedient that development described in [the Town and Country Planning (General Permitted Development) (England) Order 2015] should not be carried out unless permission is granted for it on an application, he or they may give a direction under this paragraph..."

The Town and Country Planning (General Permitted Development) (England) Order 2015

A voluntary national network that is involved in tackling heritage crime at a national and local level. Membership is open to organisations and groups that have an interest in preventing and enforcing heritage crime. The network is organised and administered by Historic England.

"includes aural and visual amenity"

Regulation s2(1), The Town and County Planning (Control of Advertisements) (England) Regulations 2007

"means an area designated by an order [made by a local planning authority] under regulation 20"

Regulation 2(1), The Town and Country Planning (Control of Advertisements) (England) Regulations 2007

An area that has been wooded continuously since at least 1600 AD.

Annex 2: Glossary, National Planning Policy Framework, Ministry of Housing, Communities & Local Government, June 2019

A tree which, because of its age, size and condition, is of exceptional biodiversity, cultural or heritage value.

Annex 2: Glossary, National Planning Policy Framework, Ministry of Housing, Communities & Local Government, June 2019

"[Except in limited circumstances,] no advertisement may be displayed unless consent for its display has been granted -

(a) by the local planning authority or the Secretary of State on an application in that behalf...or

(b)...as 'deemed consent'".

Regulation 4, The Town and Country Planning (Control of Advertisements) (England) Regulations 2007

"A local authority must maintain a list of land in its area that is land of community value. The list maintained....by a local authority is to be known as its list of assets of community value."

s87 Localism Act 2011

"...a building or other land in a local authority's area is land of community value if in the opinion of the authority:

(a) an actual current use of the building or other land that is not an ancillary use furthers the social wellbeing or social interests of the local community, and

(b) it is realistic to think that there can continue to be non-ancillary use of the building or other land which will further (whether or not in the same way) the social wellbeing or social interests of the local community"

s88 Localism Act 2011

“A buffer zone is an area surrounding [a] property which has complementary legal and/or customary restrictions placed on its use and development to give an added layer of protection to the property. This should include the immediate setting of the property, important views and other areas or attributes that are functionally important as a support to the property and its protection. The area constituting the buffer zone should be determined in each case through appropriate mechanisms.”

p26 Operational Guidelines for Implementation of the World Heritage Convention, UNESCO, 2013

“'Building' includes any structure or erection, and any part of a building, as so defined, but does not include plant or machinery comprised in a building.”

s336 Town and Country Planning Act 1990

A notice served under Section 3 of the Planning (Listed Building & Conservation Areas) Act 1990 that affords temporary protection to a building as if it were a listed building whilst it is considered for listing as a building of special architectural or historic interest.

“The Secretary of State may, on the application of any person, issue a certificate stating that the Secretary of State does not intend to list a building situated in England."

"The issue of such a certificate in respect of a building shall –

(a) preclude the Secretary of State for a period of 5 years from the date of issue from exercising in relation to that building any of the powers conferred on him by section 1; and

(b) preclude the local planning authority for that period from serving a building preservation notice in relation to it.”

s6 Planning (Listed Building & Conservation Areas) Act 1990

"Value deriving from the meanings of a place for the people who relate to it, or for whom it figures in their collective experience or memory.”

p71, Conservation Principles, English Heritage, 2008

“A use which respects the cultural significance of a place. Such a use involves no, or minimal, impact on cultural significance.”

The Burra Charter: The Australia ICOMOS Charter for Places of Cultural Significance 2013

An area "of special architectural or historic interest, the character or appearance of which it is desirable to preserve or enhance”

s69(1)(a) Planning (Listed Building and Conservation Areas) Act 1990

An Historic England document which aims to set out a logical approach to making decisions and offering guidance about all aspects of England’s historic environment.

It also aims to ensure consistency in carrying out Historic England's role as the Government’s statutory advisor on the historic environment.

Conservation Principles, English Heritage (now Historic England), 2008

“...is the broad term adopted by Historic England for a positive and collaborative approach to conservation that focuses on actively managing change. The aim is to recognise and reinforce the historic significance of places, while accommodating the changes necessary to ensure their continued use and enjoyment.”

Constructive Conservation in Practice, English Heritage (now Historic England), 2008

“Any relationship between a place and other places, relevant to the values of that place.”

Conservation Principles, English Heritage (now Historic England), 2008

"..means any area designated as such under section 1 above". Under s1 the Secretary of State may designate an area around an aircraft that has crashed or a vessel that has sunk, or been stranded while in military service, subject to various conditions.

s9 Protection of Military Remains Act 1986

“Inherited assets which people identify and value as a reflection and expression of their evolving knowledge, beliefs and traditions, and of their understanding of the beliefs and traditions of others.”

p71, Conservation Principles, English Heritage, 2008

“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.”

ICOMOS Charter for the Interpretation and Presentation of Cultural Heritage Sites, ICOMOS, 2008

The curtilage of a building (the principal building) is in general terms an area of land and the buildings that is around and associated with the principal building. Not all buildings have a curtilage, and the facts of the case will need to be considered carefully.

Listed Buildings and Curtilage: Historic England Advice Note 10

1) “The process of maintaining and managing change to a heritage asset in a way that sustains and where appropriate enhances its significance.”

Annex 2: Glossary, National Planning Policy Framework, Ministry of Housing, Communities & Local Government, June 2019

2) “The process of managing change to a significant place in its setting in ways that will best sustain its heritage values, while recognising opportunities to reveal or reinforce those values for present and future generations.”

p71, Conservation Principles, English Heritage, 2008

3) “All operations designed to understand a property, know its history and meaning, ensure its material safeguard and, if required, its restoration and enhancement.”

The Nara Document on Authenticity (ICOMOS 1994)

"A neighbourhood development order is a community right to build order if:

(a) the order is made pursuant to a proposal made by a community organisation,

(b) the order grants planning permission for specified development in relation to a specified site in the specified neighbourhood area, and

(c) the specified development does not exceed prescribed limits."

Paragraph 2(1) of Schedule 4C, Town and Country Planning Act 1990

A national charity for the civic monuments in England.

Civic Voice

Government department to help make Britain the world's most creative and exciting place to live, visit and do business. We protect and promote our cultural and aesthetic heritage... highlighting Britain as a fantastic place to visit. 

The department has responsibility for natural culture to include listing and scheduling sites and for making scheduled monument consent decisions.

DCMS

DEFRA - Government department responsible for safeguarding our natural environment, supporting the farming industry and sustaining a thriving economy. The department has responsibility for the cleaner and healthier environment, biodiversity; food and farming; animal health and welfare; environmental protection and rural economy.

DEFRA

“A World Heritage Site, Scheduled Monument, Listed Building, Protected Wreck Site, Registered Park and Garden, Registered Battlefield or Conservation Area designated under the relevant legislation."

Annex 2: Glossary, National Planning Policy Framework, Ministry of Housing, Communities & Local Government, June 2019

“The recognition of particular heritage value(s) of a significant place by giving it formal status under law or policy intended to sustain those values."

p71, Conservation Principles, English Heritage, 2008

”...the carrying out of building, engineering, mining or other operations in, on, over or under land, or the making of any material change in the use of any buildings or other land.”

Building operations in this context includes: "demolition of buildings; rebuilding; structural alterations of or additions to buildings; and other operations normally undertaken by a person carrying on business as a builder."

s55(1) Town and Country Planning Act 1990 

"For the purposes of any...area in England [except Greater London] the development plan is:

(a) The regional strategy for the region in which the area is situated (if there is a regional strategy for that region); and

(b) the development plan documents (taken as a whole) which have been adopted or approved in relation to that area; and

(c) the neighbourhood development plans which have been made in relation to that area."

"For the purposes of any area in Greater London the development plan is:

(a) the spatial development strategy [known as the London Plan];

(b) the development plan documents (taken as a whole) which have been adopted or approved in relation to that area [known as the Local Development Plan]; and

(c) the neighbourhood development plans which have been made in relation to that area."

s38 Planning and Compulsory Purchase Act 2004

"This includes adopted Local Plans, neighbourhood plans and the London Plan....(Regional strategies remain part of the development plan until they are abolished by Order using powers taken in the Localism Act. It is the government's clear policy intention to revoke the regional strategies outside of London, subject to the outcome of the environmental assessments that are currently being undertaken.)"

Annex 2: Glossary, National Planning Policy Framework, Department for Communities and Local Government, March 2012

"Consent under this Act ('development consent') is required for development to the extent that development is or forms part of a nationally significant infrastructure project."

s31 Planning Act 2008

"To the extent that development consent is required for development, none of the following is required to be obtained for the development or given in relation to it:

(a) planning permission

....

(f) [scheduled monument consent]

...

(i) [listed building consent]

s33 Planning Act 2008

Include:

~ Anglican, free churches and Roman Catholic churches;

~ Now vacant buildings which were used as churches and have never had any other use.

Attorney General, ex rel Bedfordshire CC v Howard United Reformed Church Trustees, Bedford, 1976 [1974] QB 332, [1973] 3 All ER 878

Does not include a building used or available for use by a minister of religion wholly or mainly as a residence from which to perform the duties of his office.

An exemption from various statutory restrictions and powers affecting listed and ecclesiastical buildings for those religious bodies that have in place satisfactory internal systems of control approved by the Secretary of State for Culture, Media and Sport. It is not an exemption from designation as a listed building or conservation area. Those religious bodies currently exempt are called the exempt denominations.

“Enabling development is development that would not be in compliance with local and/or national planning policies, and not normally be given planning permission, except for the fact that it would secure the future conservation of a heritage asset. Whilst only applicable in certain circumstances, enabling development can be a useful tool.”

Summary section 1, Enabling Development and Heritage Assets, Historic England, 2020.

“Value deriving from the potential of a place to yield evidence about past human activity.”

p71, Conservation Principles, English Heritage, 2008

Exempt religions under the ecclesiastical exemption, which are currently: Church of England; Roman Catholic; Methodist Church; Baptist Church (under the Baptist Union); United Reformed Church.

Paragraph 4, The Ecclesiastical Exemption (Listed Buildings and Conservation Areas) Order 2010

"The local planning authority may issue a notice (in this Act referred to as an 'enforcement notice') where it appears to them -

(a) that there has been a breach of planning control; and

(b) that it is expedient to issue the notice, having regard to the provisions of the development plan and to any other material considerations."

s172 Town and Country Planning Act 1990

“The material substance of which places are formed, including geology, archaeological deposits, structures and buildings, and flora.”

p71, Conservation Principles, English Heritage, 2008 

A licence or authorisation from a church authority. In the Church of England, for example, a faculty may be sought to carry out works to a church. This is instead of listed building consent when the church benefits from ecclesiastical exemption.

The Town and Country Planning (General Permitted Development)(England) Order 2015 sets out a number of classes of more minor development that are granted planning permission subject to the exceptions, limitations and conditions mentioned in the Order. Provided development is carried out in accordance with the terms of the Order no application for planning permission needs to be made. Under the Order, local planning authorities can remove permitted development rights using what is called an Article 4 direction. The GPDO does not affect the need for other consents other than planning permission, such as listed building and conservation area consent and scheduled monument consent.

The Town and Country Planning (General Development Procedure) (England) Order 2015

Any system that captures, stores, analyses, manages, and presents all types of spatial and geographical data location. GIS merges cartography and database technology.

For buildings, Grade I (one) indicates that the building is of “exceptional interest”.

Principles of Selection, DCMS, 2010

For registered parks and gardens Grade I (one) indicates that the site is of "exceptional interest".

Parks and Gardens Selection Guide

For buildings, Grade II (two) indicates that buildings are “of special interest, warranting every effort to preserve them.”

Principles of Selection, DCMS, 2010

For registered parks and gardens, Grade II (two) indicates that the site is of "special interest, warranting every effort to preserve [it]". 

Parks and Gardens Selection Guide

For buildings, Grade II* (two star) indicates that “buildings are particularly important…of more than special interest.”

Principles of Selection, DCMS, 2010

For registered parks and gardens, Grade II* (two star) indicates that the site is "particularly important, of more than special interest".

Parks and Gardens Selection Guide

“Change for the worse, here primarily referring to the effect of inappropriate interventions on the heritage values of a place.”

p71, Conservation Principles, English Heritage, 2008

1) “All inherited resources which people value for reasons beyond mere utility.”

Conservation Principles, English Heritage, 2008

2) “Heritage is a broad concept and includes the natural as well as the cultural environment. It encompasses landscapes, historic places, sites and built environments, as well as bio-diversity, collections, past and continuing cultural practices, knowledge and living experiences. It records and expresses the long processes of historic development, forming the essence of diverse national, regional, indigenous and local identities and is an integral part of modern life. It is a social dynamic reference point and positive instrument for growth and change. The particular heritage and collective memory of each locality or community is irreplaceable and an important foundation for development, both now and into the future.”

International Cultural Tourism Charter, ICOMOS, 2002.

“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. Heritage asset includes designated heritage assets and assets identified by the local planning authority (including local listing).

Annex 2: Glossary, National Planning Policy Framework, Department for Communities and Local Government, 2012

A non-statutory designation agreed between Natural England and the relevant maritime local authority to:

• Conserve, protect and enhance the natural beauty of the coastline, their marine flora and fauna, and their heritage features
• Encourage the public's enjoyment, understanding and appreciation
• Maintain and improve the health of inshore waters affecting heritage coasts and their beaches through appropriate environmental management measures
• Take account of the needs of agriculture, forestry and fishing, and of the economic and social needs of the small communities on these coasts

Natural England November 2015

A collaborative project between Historic England, Association of Local Government Archaeologists (ALGAO) and Institute of Historic Buildings (IHBC) to create a single online gateway to England's local and national historic environment records.

Heritage Gateway

A share of the money raised through the National Lottery for good causes for the benefit of communities across the UK. Distribution of the fund to heritage across the UK is administered by the National Heritage Memorial Fund (known as the HLF), set up under the National Heritage Act 1980.

Heritage Lottery Fund website

A statutory agreement which sets out an understanding of the significance of the listed building(s). Once the agreement is in place, it can reduce the number of occasions when listed building consent is required and thereby save the owner and local authority time and money.

Planning (Listed Buildings and Conservation Areas) Act 1990 - s26A and 26B

Non-statutory heritage partnership agreements can also be useful for other substantial assets or groups of assets such as large or related scheduled monuments, parks and gardens, battlefields and historic landscapes or areas containing a mix of related assets. Reaching an agreed and fuller understanding of significance will reduce areas of doubt or confusion, aid better management and increase the prospect of success for a consent application where it is still required.

An aspect of the worth or importance attached by people to qualities of places, categorised as aesthetic, evidential, communal or historical value.

Conservation Principles, English Heritage, 2008

"...a practical tool to help determine the character of an area, explain its significance and highlight issues that have the potential to change this character." 

Paragraph 1.2.1, Understanding Place: Historic Area Assessments, Historic England, 2017

“All aspects of the environment resulting from the interaction between people and places through time, including all surviving physical remains of past human activity, whether visible, buried or submerged, and landscaped and planted or managed flora.”

Annex 2: Glossary, National Planning Policy Framework, Ministry of Housing, Communities & Local Government, June 2019

“Information services that seek to provide access to comprehensive and dynamic resources relating to the historic environment of a defined geographic area for public benefit and use."

Annex 2: Glossary, National Planning Policy Framework, Ministry of Housing, Communities & Local Government, June 2019

"A public, map-based data set, primarily intended to inform the management of the historic environment.

p71, Conservation Principles, English Heritage, 2008

“A historic garden is an architectural and horticultural composition of interest to the public from the historical or artistic point of view. As such, it is to be considered as a monument... is an architectural composition whose constituents are primarily vegetal and therefore living, which means that they are perishable and renewable. Thus its appearance reflects the perpetual balance between the cycle of the seasons, the growth and decay of nature and the desire of the artist and craftsman to keep it permanently unchanged... The term 'historic garden' is equally applicable to small gardens and to large parks, whether formal or 'landscape'.”

The Charter on Historic Gardens (the Florence Charter), ICOMOS, 1981

"To be of special historic interest a building must illustrate important aspects of the nation’s social, economic, cultural, or military history and/or have close historical associations with nationally important people. There should normally be some quality of interest in the physical fabric of the building itself to justify the statutory protection afforded by listing."

p4 Principles of Selection for Listed Buildings, 2010, DCMS

“Value deriving from the ways in which past people, events and aspects of life can be connected through a place to the present.”

p72 Conservation Principles, English Heritage, 2008

The Register is an annual Historic England publication which identifies the most important heritage assets at risk of damage or loss.

Heritage at Risk Register

An annual event held in September to offer free access to properties and events; many of which are not normally available to the public.

Heritage Open Days

‘The Historic Buildings and Monuments Commission for England’, more commonly known as Historic England, established in 1984 by the National Heritage Act 1983. Historic England is the Government's adviser on the historic environment in England.

The International Council on Monuments and Sites (ICOMOS), a non-governmental organisation dedicated to the conservation of the world's monuments and sites. Its work is based on the principles in the 1964 International charter on the conservation and restoration of monuments and sites (The Venice Charter) with ICOMOS created in 1964.

In order to promote the doctrine and the techniques of conservation. ICOMOS is the advisory body of the World Heritage Committee with reviews nominations of properties with cultural values proposed for inscription on the World Heritage List, as well as with comparative studies, technical assistance and reports on the state of conservation of inscribed properties.

ICOMOS Website

“The Institute of Historic Building Conservation (IHBC) is the principal professional body for historic environment conservation practitioners in the UK.”

IHBC website, accessed July 2015 

“Wholeness, honesty.”

p71 Conservation Principles, English Heritage, 2008 

"The full range of potential activities intended to heighten public awareness and enhance understanding of cultural heritage site. These can include print and electronic publications, public lectures, on-site and directly related off-site installations, educational programmes, community activities, and ongoing research, training, and evaluation of the interpretation process itself."

ICOMOS Charter for the Interpretation and Presentation of Cultural Heritage Sites, 2008

“Any action which has a physical effect on the fabric of a place.”

p71, Conservation Principles, English Heritage, 2008

"...means a building which is for the time being included in a list compiled or approved by the Secretary of State under this section; and for the purposes of this Act -

(a) any object or structure fixed to the building;

(b) any object or structure within the curtilage of the building which, although not fixed to the building, forms part of the land and has done so since before 1st July 1948,

shall subject to subsection (5A)(a) be treated as part of the building."

s1(5) Planning (Listed Buildings and Conservation Areas) Act 1990

Consent from the local planning authority (or in some circumstances the Secretary of State) for the demolition of a listed building or the carrying out of any works for the alteration or extension of a listed building in any manner that would affect its character as a building of special architectural or historic interest. Failure to obtain consent when it is needed is a criminal offence.

s8 Planning (Listed Buildings and Conservation Areas) Act 1990

Local authorities can create LNRs. This can be a site that is locally important for wildlife, geology education and enjoyment (without disturbing wildlife)LNRs must be controlled by the local authority through ownership, lease or agreement with the owner. They are places with wildlife or geological features that are of special interest locally.

Natural England

"The public authority whose duty it is to carry out specific planning functions for a particular area. All references to local planning authority include the district council, London borough council, county council, Broads Authority, National Park Authority, the Mayor of London and a development corporation, to the extent appropriate to their responsibilities."

Annex 2: Glossary, National Planning Policy Framework, Ministry of Housing, Communities & Local Government, June 2019

"A plan for the future development of a local area, drawn up by the local planning authority in consultation with the community. In law this is described as the development plan documents adopted under the Planning and Compulsory Purchase Act 2004."

Annex 2: Glossary, National Planning Policy Framework, Ministry of Housing, Communities & Local Government, June 2019

A green area of particular importance to a local community designated as such through a local plan or neighbourhood development plan. The designation should only be used:

1. where the green space is in reasonably close proximity to the community it serves;

2. where the green space is demonstrably special to a local community and holds a particular local significance, for example because of its beauty, historic significance, recreational value (including a playing field), tranquility or richness of its wildlife; and

3. where the green space concerned is local in character and it not an extensive tract of land.

Paragraph 99 and 100 National Planning Policy Framework, Ministry of Housing, Communities & Local Government, June 2019

"Where -

(a) listed building consent in respect of a building is refused, or granted subject to conditions, or is revoked or modified by an order under section 23 or 26; and

(b) any owner of the building claims -

(i) that the conditions mentioned in [s32(2)] are satisfied with respect to it and any land comprising the building, or contiguous or adjacent as it, and owned with it; and

(ii) that the conditions mentioned in [s32(3)] are satisfied with respect to that land.

he may, within the prescribed time and in the prescribed manner, serve on the council of the district....or London borough in which the building and land are situated a notice (in this Act referred to as a "listed building purchase notice") requiring that council to purchase his interest in the building and land in accordance with sections 33 to 37."

s32 Planning (Listed Buildings and Conservation Area) Act 1990

"Where it appears to the local planning authority -

(a) that any works have been or are being executed to a listed building in their area; and

(b) that the works are such as to involve a contravention of section 9(1) or (2) [which in effect require listed building consent and compliance with conditions on any consent]

they may, if they consider it expedient to do so having regard to the effect of the works on the character of the building as one of special architectural or historic interest, issue a notice under this section (in this Act referred to as a 'listed building enforcement notice')"

A listed building enforcement notice shall specify the alleged contravention and require such steps as may specified in the notice to be taken -

(a) for restoring the building to its former state; or

(b) if the authority consider that such restoration would not be reasonably practicable or would be undesirable, for executing such further works specified in the notice as they consider necessary to alleviate the effect of the works which were carried out without listed building consent; or

(c) for bringing the building to the state in which would have been if the terms and conditions of any listed building consent which has been granted for the works had been complied with."

s38 Planning (Listed Buildings and Conservation Areas) Act 1990

 “Routine work regularly necessary to keep the fabric of a place in good order.”

p71, Conservation Principles, English Heritage, 2008

Areas designated by Government under the Marine & Coastal Access Act 2009 for the purposes of conserving:
(a) marine flora or fauna;
(b) marine habitats or types of marine habitat;
(c) features of geological or geomorphological interest.

s116-122 Marine & Coastal Access Act 2009

“Underwater cultural heritage is understood to mean the archaeological heritage which is in, or has been removed from, an underwater environment. It includes submerged sites and structures, wreck-sites and wreckage and their archaeological and natural context.”

Charter on the Protection and Management of Underwater Cultural Heritage, ICOMOS, 1996

“Relevant to and having a substantial effect on, demanding consideration."

p71, Conservation Principles, English Heritage, 2008

A web-based interactive map to bring together information on key environmental schemes and designations in one place. Multi-Agency Geographic Information for the Countryside (MAGIC) is a partnership project involving six government organisations who have responsibilities for rural policy-making and management.

Magic 

1) “(a) any building, structure or work, whether above or below the surface of the land, and any cave or excavation;

(b) any site comprising the remains of any such building, structure or work or of any cave or excavation; and

(c) any site comprising, or comprising the remains of, any vehicle, vessel, aircraft or other movable structure or part thereof which neither constitutes nor forms part of any work which is a monument within paragraph (a) above;

and any machinery attached to a monument shall be regarded as part of the monument if it could not be detached without being dismantled.”

s61(7) Ancient Monuments and Archaeological Areas Act 1979

2) “The concept of a historic monument embraces not only the single architectural work but also the urban or rural setting in which is found the evidence of a particular civilization, a significant development or a historic event. This applies not only to great works of art but also to more modest works of the past which have acquired cultural significance with the passing of time.”

International Charter for the Restoration and Conservation of Sites (the Venice Charter), ICOMOS, 1964

The following amenity societies are identified as being the National Amenity Societies. This means that they must be notified by the local planning authority of any application to demolish all or part of a listed building.

They are:

~ The Ancient Monuments Society

~ The Council for British Archaeology

~ The Georgian Group

~ The Society for the Protection of Ancient Buildings

~ The Victorian Society

~ The Twentieth Century Society

Arrangements for Handling Heritage Applications - notification to Historic England and National Amenity Societies and the Secretary of State (England) Direction 2015

"...the Secretary of State may on first compiling the Schedule [of monuments] or at any time thereafter include therein any monument which appears to him to be of national importance."

s1(3) Ancient Monuments & Archaeological Areas Act, 1979

NNR established to protect some of our most important habitats, species and geology, and to provide 'outdoor laboratories' for research. Natural England manages about 2/3rds of England's NNRs and publish a public notice when a NNR is created or has a change of management.

Natural England website

”The [National Parks and Access to the Countryside Act 1949] shall have effect for the purpose -

(a) of conserving and enhancing the natural beauty, wildlife and cultural heritage of [National Parks]; and

(b) of promoting opportunities for the understanding and enjoyment of those areas by the public

The said areas are those extensive tracts of country in England . . . as to which it appears to [Natural England] that by reason of—

(a) their natural beauty, and

(b) the opportunities they afford for open-air recreation, having regard both to their character and to their position in relation to centres of population,

It is especially desirable that the necessary measures shall be taken for the [above] purposes...

[These] areas, as for the time being designated by order made by and submitted to and confirmed by the Minister, shall be as known as, and are hereinafter referred to as, National Parks.”

s5 The National Parks and Access to the Countryside Act 1949

A project of a type and scale defined under the Planning Act 2008 and by order of the Secretary of State relating to energy, transport, water, waste water and waste generally. These projects require a single development consent. Planning permission, listed building consent and scheduled monument consent amongst others are not required for Nationally Significant Infrastructure Projects.

Planning Act 2008

“Change which takes place in the historic environment without human intervention, which may require specific management responses (particularly maintenance or periodic renewal) in order to sustain the significance of a place.”

p71, Conservation Principles, English Heritage, 2008

Natural England's general purpose is "to ensure that the natural environment is conserved, enhanced and managed for the benefit of present and future generations, thereby contributing to sustainable development."

s2. Natural Environment & Rural Communities Act 2006

(1) “Inherited habitats, species, ecosystems, geology and landforms, including those in and under water, to which people attach value.”

p71 Conservation Principles, English Heritage, 2008

(2) "For the purpose of this Convention, the following shall be considered as "natural heritage":

natural features consisting of physical and biological formations or groups of such formations, which are of outstanding universal value from the aesthetic or scientific point of view;

geological and physiographical formations and precisely delineated areas which constitute the habitat of threatened species of animals and plants of outstanding universal value from the point of view of science or conservation;

natural sites or precisely delineated natural areas of outstanding universal value from the point view of science, conservation or natural beauty."

The World Heritage Convention 1972

A national framework to coordinate work by Historic England and other bodies to protect the historic environment. This has now been superceded by Heritage 2020.

The National Heritage List for England is an online database of designated heritage assets excluding conservation areas. It holds official records for:

1. Listed buildings

2. Scheduled monuments

3. Protected wreck sites

4. Registered parks and gardens

5. Registered battlefields

It also holds a convenient collated version of the the record of World Heritage Sites (the official record is held by UNESCO). It also contains details of certificates of immunity from listing and building preservation activities received by Historic England.

"A 'neighbourhood development plan' is a plan which sets out policies (however expressed) in relation to the development and use of land in the whole or any part of a particular neighbourhood area specified in the plan."

s38A Planning and Compulsory Purchase Act 2004

"A plan prepared by a Parish Council or Neighbourhood Forum for a designated neighbourhood area"

Annex 2: Glossary, National Planning Policy Framework, Ministry of Housing, Communities & Local Government, June 2019

The National Planning Policy Framework sets out the Government’s planning policies for England and how these should be applied. It provides a framework within which prepared plans for housing and other development can be produced.

Paragraph 1, National Planning Policy Framework, Ministry of Housing, Communities & Local Government, June 2019

A policy statement relating to Nationally Significant Infrastructure Projects that has been designated as such by the relevant Secretary of State. There are a number of existing and proposed National Policy Statements relating to particular types of infrastructure project.

s5 Planning Act 2008

"A 'neighbourhood development order' is an order which grants planning permission in relation to a particular neighbourhood area specified in the order:

(a) for development specified in the order, or

(b) for development of any class specified in the order"

s61E Town and Country Planning Act 1990 

"Neighbourhood forums are community groups that are designated to take forward neighbourhood planning in areas without parishes. It is the role of the local planning authority to agree who should be the neighbourhood forum for the neighbourhood area. " 

Planning Portal

"A 'neighbourhood area' means an area within the area of a local planning authority in England which has been designated by the authority as a neighbourhood area..."

s61G(1) Town and Country Planning Act 1990

The National Lottery is licensed and regulated by the National Lottery Commission. Some of the proceeds of sale of lottery tickets support 'good causes' which include the arts, heritage, sport, charities and community and voluntary groups as well as projects concerned with health, education and the environment. The proceeds ear marked for heritage are called the Heritage Lottery Fund and are distributed by the National Heritage Memorial Fund.

“Anything not (now) fixed to or incorporated within the structure of a place, but historically associated with it.”

P 72, Conservation Principles, English Heritage, 2008

"Cultural and/or natural significance which is so exceptional as to transcend national boundaries and to be of common importance for present and future generations of all humanity.”

Paragraph 49 Operational Guidelines for Implementation of the World Heritage Convention, UNESCO, 2005 

"If there is a range of alternative viable uses, the optimum use is the one likely to cause the least harm to the significance of the asset, not just through necessary initial changes but also as a result of subsequent wear and tear and likely future changes."

Planning Practice Guidance

"Subject to the provisions of this Order...planning permission is hereby granted for the classes of development described as permitted development in Schedule 2. Any permission granted...is subject to any relevant exception, limitation or condition specified in Schedule 2."

s3, Town and Country Planning (General Permitted Development)(England) Order 2015

1) “Any part of the historic environment, of any scale, that has a distinctive identity perceived by people.”

p72 Conservation Principles, English Heritage, 2008

Planning permission is required for carrying out of any development of land. It may be granted a number of ways by express planning permission granted by a local planning authority, or Secretary of State at appeal.

Development Consent Order, Mayoral Development order, Local Development Order and Neighbourhood Development Orders. The Secretary of State has issued a general permitted development order that gives permission for various works across the whole country.

s57 Town and Country Planning Act 1990

“This guidance sets out the general principles that the Secretary of State [for Digital, Culture, Media & Sport] applies when deciding whether a building is of special architectural or historic interest and should be added to the list of buildings compiled under the Planning (Listed Buildings and Conservation Areas) Act 1990. The Secretary of State cannot take any other factors into account when considering his decision.”

Principles of Selection, Department for Digital, Culture, Media & Sport, November 2018 p3

“The quality of being appropriately related to something else in size, degree, or other measurable characteristics.”

P 72, Conservation Principles, 2008

“Of, concerning, done, acting, etc. for people as a whole.”

p72 Conservation Principles, English Heritage, 2008

A Department for Culture, Media and Sport funded project to encourage the voluntary recording of archaeological objects found by members of the public in England and Wales.

Portable Antiquities Scheme 

“If the Secretary of State is satisfied with respect to any site in United Kingdom waters that—

(a) it is, or may prove to be, the site of a vessel lying wrecked on or in the sea bed; and

(b) on account of the historical, archaeological or artistic importance of the vessel, or of any objects contained or formerly contained in it which may be lying on the sea bed in or near the wreck, the site ought to be protected from unauthorised interference

he may by order designate an area round the site as a restricted area.”

The areas covered by such orders are known as protected wreck sites. 

s1 Protection of Wrecks Act 1973

The Planning Inspectorate deals with planning appeals, national infrastructure planning applications, examinations of local plans and other planning related specialist casework in England and Wales.

Planning Inspectorate Webpage 

Sites designated suitable wetlands for the list of wetlands of international importance to ensure their effective management.

Ramsar

“The capture of information which describes the physical configuration, condition and use of monuments, groups of buildings and sites, at points in time, and it is an essential part of the conservation process.”

ICOMOS Principles for the Recording of Monuments, Groups of Buildings, and Sites, ICOMOS, 1996

A site included on the Register of Battlefields in England, maintained by Historic England.

Registered battlefields are designated heritage assets and subject to the planning policies within the NPPF.

A site included on the Register of Historic Parks and Gardens in England. 

Registered parks and gardens are designated heritage assets and subject to the planning policies within the NPPF.

“Comprehensive dismantling and replacement of an element of a place, in the case of structures normally reincorporating sound units.”

P72, Conservation Principles, English Heritage, 2008

“Work beyond the scope of maintenance, to remedy defects caused by decay, damage or use, including minor adaptation to achieve a sustainable outcome, but not involving restoration or alteration.”

p72 Conservation Principles, English Heritage, 2008

1) “To return a place to a known earlier state, on the basis of compelling evidence, without conjecture.”

p72 Conservation Principles, English Heritage, 2008 

2) “Returning a place to a known earlier state by removing accretions or by reassembling existing elements without the introduction of new material.”

The Burra Charter: The Australia ICOMOS Charter for Places of Cultural Significance 2013

“Capable of being reversed so that the previous state is restored.”

P 72, Conservation Principles, English Heritage, 2008

A professional body whose aim is to advance the science and art of planning (including town and country and spatial planning) for the benefit of the public.

A register of gardens and other land situated in England appearing to English Heritage to be of special interest.

s8C Historic Buildings and Ancient Monuments Act 1953

The Register is held by Historic England and comprises the sites of 46 important battlefields.

"The compulsory purchase of a building under section 47 of the Planning (Listed Buildings and Conservation Areas) Act 1990 shall not be started by the appropriate authority or by the Secretary of State unless at least two months previously the authority or, as the case may be, the Secretary of State has served on the owner of the building a notice under this section (in this section referred to as a “repairs notice”)—

(a) specifying the works which the appropriate authority or, as the case may be, the Secretary of State considers reasonably necessary for the proper preservation of the building; and

(b)explaining the effect of sections 47 to 50,

and the repairs notice has not been withdrawn."

s48 Planning (Listed Buildings and Conservation Areas) Act 1990

"...'scheduled monument' means any monument which is for the time being included in the schedule [compiled and maintained by the Secretary of State for Culture, Media and Sport]".

s1(11) Ancient Monuments and Archaeological Areas Act 1979

Consent given by the Secretary of State for Culture, Media and Sport for:

“(a) any works resulting in the demolition or destruction of or any damage to a scheduled monument;

(b) any works for the purpose of removing or repairing a scheduled monument or any part of it or of making any alterations or additions thereto; and

(c) any flooding or tipping operations on land in, on or under which there is a scheduled monument.”

s2 Ancient Monuments and Archaeological Areas Act 1979

A Secretary of State is a cabinet minister in charge of Government departments. Legislation generally only refers to Secretary of State. In this guide the current allocation of departmental responsibility has been indicated, eg the Secretary of State for Culture, Media and Sport is responsible for listing buildings.

1) “The surroundings in which a heritage asset is experienced. Its extent is not fixed and may change as the asset and its surroundings evolve. Elements of a setting may make a positive or negative contribution to the significance of an asset, may affect the ability to appreciate that significance or may be neutral.”

Annex 2: Glossary, National Planning Policy Framework, Ministry of Housing, Communities & Local Government, June 2019

2) “The surroundings in which a place is experienced, its local context, embracing present and past relationships to the adjacent landscape.”

p72, Conservation Principles, English Heritage, 2008

3) “The setting of a heritage structure, site or area is defined as the immediate and extended environment that is part of, or contributes to, its significance and distinctive character. Beyond the physical and visual aspects, the setting includes interaction with the natural environment; past or present social or spiritual practices, customs, traditional knowledge, use or activities and other forms of intangible cultural heritage aspects that created and form the space as well as the current and dynamic cultural, social and economic context.”

Xi'an Declaration on the Conservation of the Setting of Heritage Structures, Sites and Areas, ICOMOS, 2005

1) “The value of a heritage asset to this and future generations because of its heritage interest. That interest may be archaeological, architectural, artistic or historic. Significance derives not only from a heritage asset's physical presence, but also from its setting."

Annex 2: Glossary, National Planning Policy Framework, Ministry of Housing, Communities & Local Government, June 2019

2) “The sum of the cultural and natural heritage values of a place, often set out in a statement of significance.”

p72 Conservation Principles, English Heritage, 2008

“A place which has heritage value(s).”

p72 Conservation Principles, English Heritage, 2008

“Works of man or the combined works of nature and man, and areas including archaeological sites which are of outstanding universal value from the historical, aesthetic, ethnological or anthropological point of view.”

p2 Convention Concerning the Protection of World Cultural and Natural Heritage, UNESCO, 1972

A site designated by Natural England as an area of special interest by reason of any of its flora, fauna, geological or physiographical features.

s28 Wildlife and Countryside Act 1981

The name previously given to Historic Environment Records.

1) “...in relation to buildings of special architectural or historic interest, the Secretary of State shall compile lists of such buildings...”

s1(1) Planning (Listed Buildings and Conservation Areas) Act 1990

2) “Every local planning authority... shall from time to time determine which parts of their area are areas of special architectural or historic interest, the character or appearance of which it is desirable to preserve or enhance, and...shall designate those areas as conservation areas.”

s69 Planning (Listed Buildings and Conservation Areas) Act 1990

3) “This section applies where [Historic England] compile a register of gardens and other land situated in England appearing to them to be of special historic interest.”

s8C(1) Historic Buildings and Ancient Monuments Act 1953

“Maintain, nurture and affirm validity.”

P 72, Conservation Principles, English Heritage, 2008

“Capable of meeting present needs without compromising ability to meet future needs.”

P 72, Conservation Principles, English Heritage, 2008

“Development that meets the needs of the present without compromising the ability of future generations to meet their own needs.”

Report of the World Commission on Environment and Development: Our Common Future, United Nations 1987

“Open to public scrutiny.”

P 72, Conservation Principles, English Heritage, 2008

"If it appears to a local planning authority that it is expedient in the interests of amenity to make provision for the preservation of trees or woodlands in their area, they may for that purpose make an order with respect to such trees, groups of trees or woodlands as may be specified in the order."

"A tree preservation order may, in particular, make provision [amongst other things] -

(a) for prohibiting (subject to any exemptions for which provisions may be made by the order) the cutting down, topping, lopping, uprooting, wilful damage or wilful destruction of trees except with the consent of the local planning authority, and for enabling that authority to give their consent subject to conditions;

(b) for securing the replanting, in such manner as may be prescribed by or under the order, of any part of a woodland area which is felled in the course of forestry operations permitted by or under the order."

s198 Town & Country Planning Act 1990

The Heritage Alliance is the biggest alliance of heritage interests in the UK and was set up to promote the central role of the non-Government movement in the heritage sector.

The Heritage Alliance 

"Treasure is -

(a) any object at least 300 years old when found which -

(i) is not a coin but has metallic content of which at least 10 per cent by weight is precious metal;

(ii) when found, is one of at least two coins in the same find which are at least 300 years old at the time and have that percentage of precious metal; or

(iii) when found, is one of at least ten coins in the same find which are at least 300 years old at that time;"

...

...

"Any object at least 200 years old when found which belongs to a designated class."

Treasure does not include objects which are -

(a) unworked natural objects or

(b) minerals as extracted from a natural deposit."

s1 Treasure Act 1996

“All traces of human existence having a cultural, historical or archaeological character which have been partially or totally under water, periodically or continuously, for at least 100 years such as:

(i) sites, structures, buildings, artefacts and human remains, together with their archaeological and natural context;

(ii) vessels, aircraft, other vehicles or any part thereof, their cargo or other contents, together with their archaeological and natural context; and

(iii) objects of prehistoric character.”

UNESCO Convention on the Protection of Underwater Cultural Heritage, 2001

“UNESCO works to create the conditions for dialogue among civilizations, cultures and peoples, based upon respect for commonly shared values. It is through this dialogue that the world can achieve global visions of sustainable development encompassing observance of human rights, mutual respect and the alleviation of poverty, all of which are at the heart of UNESCO’S mission and activities.”

UNESCO

A notice served by a local authority (or Historic England) under s54 of the Planning (Listed Buildings and Conservation Areas) Act 1990 to execute any works considered urgently necessary to preserve a listed building in the area.

s54 Planning (Listed Buildings and Conservation Areas) Act 1990 

“An aspect of worth or importance, here attached by people to qualities of places.”

P 72, Conservation Principles, English Heritage, 2008

“An assessment that reflects the values of the person or group making the assessment.”

P 72, Conservation Principles, English Heritage, 2008

“Examples of the vernacular may be recognised by:

a) A manner of building shared by the community;

b) A recognisable local or regional character responsive to the environment;

c) Coherence of style, form and appearance, or the use of traditionally established building types;

d) Traditional expertise in design and construction which is transmitted informally;

e) An effective response to functional, social and environmental constraints;

f) The effective application of traditional construction systems and crafts.”

ICOMOS Charter on the Built Vernacular Heritage, 1999

A site on a list of properties maintained by the World Heritage Committee of UNESCO and called the World Heritage List "forming part of the cultural heritage and natural heritage...which it considers as having outstanding universal value in terms of such criteria as it shall have established".  

UNESCO World Heritage Convention (1972)