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Heritage protection bill published in draft - 'fundamental reform to strengthen system and give public greater say' hailed by culture secretary Andy Burnham

DEPARTMENT FOR CULTURE, MEDIA AND SPORT News Release (031\2008) issued by The Government News Network on 2 April 2008

Draft legislation to unify heritage protection regimes, allow greater public involvement in decisions and place heritage at the heart of the planning system, was published today by Culture Secretary Andy Burnham.

The draft Heritage Protection Bill, the first legislation in this area for 30 years, will now be scrutinised by Parliament. It includes plans to:

* create a single simple system for designation - to be called the Heritage Register - which will replace listing, scheduling and registering, and give the public a greater say in what gets protected with new consultation rules;

* devolve responsibility for designating land-based assets in England from the DCMS to English Heritage;

* reform the marine heritage protection regime in England and Wales, by broadening the range of marine historic assets that can be protected and bringing greater flexibility to the licensing system;

* introduce a system for provisional registration to give 'interim protection' to historic assets while they are being considered for designation, and create new appeals procedures against land-based designation and marine licensing decisions;

* put the historic environment at the heart of the planning system by replacing listed building consent and scheduled monument consent with a new Heritage Asset Consent, and merging conservation area consent with planning permission; and

* secure the basis for informed stewardship of the historic environment by placing local authorities under a duty to maintain or have access to an Historic Environment Record (HER).

Andy Burnham said:

"Heritage protection is as important as anything else we do in this Department. But nobody can sit in an office in London and decide what is heritage or not. Local communities have strong feelings about their own heritage and it is important that those voices are heard.

"By unifying the protection regimes, encouraging wider participation, and making the system more transparent we aim to make heritage protection easier to understand and manage, and help it become an integral part of public life.

"The draft Bill we are publishing today follows long and extensive consultation. It reflects Government policy as expressed in last year's White Paper, and the consensus reached on that. But it is not the last word, because consultation goes on. That's why we're publishing it in draft.

"We welcome the widest possible debate and, if there are proposals for further changes, we will consider them carefully in the light of all the views expressed. I am grateful for the time and trouble that so many organisations and individuals have taken getting us to this point."

Lord Bruce Lockhart, Chairman of English Heritage, commented:

"Today's publication of the draft Heritage Bill is a major step forward towards the way England's heritage is identified, protected and managed. Although most people believe the present system has served us well, it has grown over the last 100 years through incremental legislation. We are left with a system which is over-complex, with confusing overlaps, and hard to understand.

"We now need reform which simplifies, which brings efficiency and effectiveness, which involves the public and adds clear and visible accountability.

"Our Heritage is a glorious national asset that gives us a sense of belonging and of local and national identity. It helps us to understand who we are and to take pride in our past. Today over two thirds of the public visit and enjoy heritage sites. Our heritage is vital to tourism and our economy. It is central to successful regeneration. It is a unifying force for cohesion and a foundation for a self-confident future.

"Strong and simplifying legislation will be of great value to all those in the public, community and private sectors who are involved together in managing our heritage. I welcome the publication of the draft Bill and look forward to its scrutiny by Parliament."

Culture Minister Margaret Hodge added:

"This draft Bill is a really important step along the way to making our system of heritage protection more democratic and, where necessary, more effective. It has been many years in preparation and will make a real difference to the way that ordinary people all over the country engage with our built environment.

"We are publishing it in draft to encourage the widest - and most searching - scrutiny possible, from Parliament and the public. I very much look forward to debating its principles over the months to come."

Legislation to enact the proposals will come before Parliament when Parliamentary time allows.

Notes to Editors

1. The White Paper, Heritage Protection for the 21st Century, was published in March 2007 and can be seen on our website http://www.culture.gov .

2. A summary of the draft Bill can also be found on our website at http://www.culture.gov.uk/Reference_library/Publications/archive_2008/pub_drafthpb.htm

3. The Impact Assessment accompanying the draft Bill can also be seen on our website http://www.culture.gov.uk

Public enquiries 020 7211 6020
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