National Government
There are three government departments that play a significant role in the conservation of the historic environment.
References to their responsibilities below are to responsibilities in England only.
Department for Culture, Media and Sport
Department for Culture, Media and Sport (DCMS) has overall responsibility for government policy on the identification, recording, protection, conservation, enhancement and interpretation of heritage assets, and for their promotion as part of contemporary culture.
The Secretary of State for Culture, Media and Sport has a number of distinct heritage responsibilities, including:
1. Deciding whether to list a building or issue a certificate of immunity from listing.
2. Deciding whether to schedule a monument.
3. Deciding whether to issue scheduled monument consent.
4. Considering whether to exercise reserved powers in respect of urgent works notices, compulsory acquisition of some heritage assets and designation of conservation areas.
5. Compliance with the World Heritage Convention (ref. 1) and nominating new sites for World Heritage Site status.
6. Pursuing the ongoing programme of reform of the heritage protection system.
7. Providing grant-in-aid to Historic England
8. Providing grant-in-aid to the National Heritage Memorial Fund.
9. Overseeing the distribution of the Heritage Lottery Fund by the National Heritage Memorial Fund.
10. Overseeing the Portable Antiquities Scheme
Department for Levelling Up, Housing and Communities
Amongst other things, the Department for Levelling Up, Housing and Communities (DLUHC) has overall responsibility for the planning system. In consequence, it is responsible for:
1. The National Planning Policy Framework (NPPF) (ref. 2)
2. Appointing the Planning Inspectorate to hear appeals made following a refusal of planning permission and listed building consent applications by local planning authorities.
3. Deciding whether to revoke or modify a listed building consent.
4. Deciding whether to confirm a listed building purchase notice.
5. Considering whether to call-in local planning authority decisions and recover appeals for the Secretary of State's own determination. In some cases, the local planning authority must notify the Secretary of State before making a decision on a planning application so that the Secretary of State can decide whether to use his/her power to call-in (ref. 3).
6. Deciding call-ins and recovered appeals against planning and listed building enforcement notices.
7. Considering whether to exercise reserved powers to issue a planning enforcement notice or a listed building enforcement notice.
8. Deciding whether to confirm compulsory purchase notices. (where this does not fall to the department covering the relevant sector, for example the Department for Transport.)
9. Deciding development consent applications for nationally significant infrastructure projects where this does not fall to the department covering the relevant sector, for example the Department for Transport.
10. Setting policy and regulating requirements for the process handling of planning and other consent applications (including neighbourhood planning) by local planning authorities, including consultation requirements.
Called-in decisions and development consent applications are reported on by planning inspectors, usually following a public inquiry. The report will contain a recommendation to refuse or grant permission or consent and as to the terms of any permission or consent that Secretary of State might be minded to grant.
DLUHC also has responsibilities for the plan-making element of the planning system in England, which includes appointing planning inspectors to examine draft local plans, and issuing directions concerning the preparation or adoption of a local plan.
DLUHC's involvement in planning and listed building consent casework is handled by the National Planning Casework Unit.
Department for Environment, Food and Rural Affairs
Department for Environment, Food and Rural Affairs (DEFRA) makes policy and legislation concerning the natural environment, sustainable development, food and farming, animal welfare, environmental protection and rural concerns. Its policies and practices have considerable impact on heritage conservation. Specifically, through Natural England, it is responsible for agri-environment schemes - agreements between farmers and land managers concerning the use and maintenance of land that often encompass the conservation of heritage assets.
References
(2) National Planning Policy Framework, Ministry of Housing, Communities & Local Government, June 2019
(3) Town and Country Planning (Consultation) (England) Direction 2021.
