The legal context

The Enterprise and Regulatory Reform Act 2013 was given Royal Assent in April 2013. Its legislation is aimed at deregulation and promoting growth and includes a number of changes to the legal framework protecting heritage in England.

Employee in hi-vis and white hard-hat stood in dewatered tunnel De-watered Chirk Tunnel

The provisions in the ERR Act are aimed at making heritage protection more efficient and effective for all parties involved in the management of heritage assets, without reducing protection for the historic environment. The package of changes will, overall, reduce burdens on owners and developers, and allow local planning authorities which administer these consents to deliver a more efficient and effective service.

A Listed Building Consent Order is intended to reduce uncertainty and risk in the management of listed buildings. It should also lead to saving time, money and resources through a reduction, over time, of repeat listed building consent applications.

One of the provisions permits the introduction of national Listed Building Consent Orders that can reduce the number of full listed building consent applications for works which, while they do affect the special character of a listed building, are beneficial, neutral or which have a minor impact that is clearly justified. A national Listed Building Consent Order can be applied to groups of buildings which sit in more than one local planning authority and which may be nationally distributed and in single ownership. It would only covers certain clearly specified works and is unlikely to apply to broader categories of repair or alteration across a wide range of listed building types.

The ERR Act requires a national Listed Building Consent Order to be made by way of statutory instrument, to be debated and voted on in Parliament.

The Government is currently consulting on the overall approach to be taken for the development and making of such Order and possible compensation for the withdrawal of a national LBCO.”

Find further information from the Government official webiste on the Enterprise and Regulatory Reform Act 2013 and from English Heritage.

Last date edited: 13 July 2015