Gisela Stuart MPWorking hard for Bartley Green, Edgbaston, Harborne and Quinton

Statement from Minister in response to Gisela’s adjournment debate // October 22nd, 2009 // Uncategorized

The Parliamentary Under-Secretary of State for

Communities and Local Government (Barbara Follett):

I congratulate my hon. Friend the Member for Birmingham,

Edgbaston (Ms Stuart) on securing the debate. The

historic environment is a very important subject indeed,

and one that is at the heart of the Government’s planning

policy. I also commend her for the active interest she

takes in the historic environment within her constituency,

particularly with regard to the Moor Pool estate. It is, as

she rightly says, an early example of that peculiarly

20th-century manifestation, garden suburbs, which can

be extremely charming and deserve to be conserved.

As she will know, I cannot comment on the specific

problems that the residents of the Moor Pool estate are

having with Birmingham city council. Individual and

specific planning issues, such as the one she has described

267WH Conservation Areas 21 OCTOBER 2009 Conservation Areas 268WH

extremely well and so forensically today, are a matter

for local government rather than national Government.

I believe that that is right, because accountability for

planning decisions must rest at the local level-in other

words, with the council that takes the planning decisions.

That accountability is exercised through the ballot box,

and it is right that it is exercised through the local rather

than the national ballot box. In other words, people

have to live with the consequences of their decisions

locally.

However, I can give my hon. Friend the legal context

within which Birmingham city council must operate

when making those decisions, which is a matter for

national Government. As she will know, that context is

changing. On 24 July this year the Government issued a

consultation paper on our new planning policy statement

for the historical environment, and I urge her to submit

as part of that consultation the points she has so ably

made today. Her points about timing are absolutely

crucial: one can have a duty, but if it does not have to be

exercised for 39 or perhaps even 49 years, what is the

point of it?

The new planning policy statement is designed to

replace the present PPG15 on this subject, and also

PPG16 on archaeology and planning. As those policy

guidance documents were first issued in 1994 and 1991

respectively, the importance of the consultation on the

Government’s first new policy statement for 15 years

cannot be overstated. My hon. Friend’s Adjournment

debate is consequently very timely.

Asmy hon. Friend knows, the main legislative measures

for protecting conservation areas are set out in primary

legislation, some of which she mentioned. Under that

suite of legislation, local planning authorities have a

duty to determine which of their areas have architectural

or historic interest, to designate them as conservation

areas, to formulate and publish proposals for their

enhancement and preservation and, most importantly-

going back to local accountability-to put proposals to

the public whom they serve so that their views can be

taken into account.

There are other measures which, for the sake of

brevity, I shall skip over-I know that my hon. Friend is

aware of them. Taken together, they include not

inconsiderable obligations and ensure that a mechanism

for protecting conservation areas is in place.

My hon. Friend accurately raised concerns about the

progress being made on character and management

appraisals-in this case, by Birmingham city council.

They must be raised and dealt with locally, but they

could also go into the consultation on the new measures

that the Government are in the process of putting

forward. Again, I shall glide over some of the extra stuff

in my brief.

There are more than 9,000 conservation areas in

England. They contain a wide range of buildings and

places of architectural or historic interest. Again, it is

very much a matter for local decision making which

areas should be designated as having special interest,

and how best they should be preserved and conserved,

particularly as there are as many as 9,000.

Ms Gisela Stuart: May I also put on the record that

the local residents’ association prepared much of my

speech and has done a great deal of hard work? It has

put up an amazing case of objection without being

heard properly. We were told that the record of having

management and appraisal plans for only nine out of

28 conservation areas was not unusual, and that a vast

number of local authorities with conservation areas are

really dragging their feet on coming forwardwith proposals.

Would the Minister like to comment on that, or would

she drop me a note if she does not have figures on hand?

Barbara Follett: I would like to comment on the

active role that the residents’ association is taking, for

which it is to be commended. I urge it to exercise its

democratic duty and rights, and submit something to

the consultation.

There is no statutory obligation to have character

appraisals, although English Heritage recommends one

prior to designation and as frequently as needed thereafter.

I urge that that, too, be included in a submission to the

consultation. Obligation is very much locally defined,

so again this is a local problem and local pressure is

needed to get the definition included.

As I said earlier, central Government intervene in

individual cases involving conservation areas only in

those rare instances where there are implications of

more than local interest-for example, an area such as

Stonehenge, which has huge national implications. We

try, as far as possible and for all the reasons I have

given, to leave matters to local decision making, because

local people know best what suits them.

The Government’s approach to conservation areas is

based on positive management of change, so that the

particular special interest and character-my hon. Friend

outlined that so well in respect of the Moor Pool

estate-that led to an area being designated in the first

place is not harmed. If a planning authority is considering

taking a decision that could affect a conservation area’s

special interest, it is vital that it engage local opinion.

That is a legal requirement but also a requirement of

good management and, most importantly, of democracy.

That is what democracy is about-the people, the demos,

deciding.

Central Government recognise that local planning

authorities are under a variety of pressures-in some

cases, competing pressures-to deliver on several fronts.

They must address the housing shortage, provide the

infrastructure to support new housing and meet the

challenges of climate change. Those are difficult demands,

even in easy economic times. They are even harder in

difficult economic times.

There has been a radical shake-up of the planning

system in recent years. In response to my hon. Friend’s

question about the article 4(2) direction,we keep permitted

development requirements under continual review and

can certainly consider her request, which is interesting.

Again, I urge its inclusion in the response to the

consultation.

The 2007 planning White Paper-I had the pleasure

of serving on the Committee that led to the Planning

Act 2008-was followed by the Killian Pretty end-to-end

review of the planning application process, which was

much needed. I hope that those changes have made the

system better able to meet present and future challenges,

but it is important that meeting challenges be not

undertaken at the expense of protecting the historic

environment. Until three weeks ago, I was the Minister

for culture and heritage, and I have a strong personal

and professional interest in the preservation of our

heritage.

269WH Conservation Areas 21 OCTOBER 2009 Conservation Areas 270WH

[Barbara Follett]

The publication of the consultation draft of the new

PPS confirms the Government’s commitment to

conservation of the historic environment. When it is

finally produced, it will be amuch more focused document

that will set out core policy principles on how the

planning system should take account of the historic

environment. It will be supported by draft guidance

produced and prepared by English Heritage. The guidance

is being consulted on at the same time, as part of the

consultation package.

The principles that guide the new PPS are brigaded

under the three Government objectives for planning for

the historic environment: we have to apply the principles

of sustainable development to proposals involving the

historic environment; we have to conserve and, where

appropriate, enhance England’s heritage assets in a

manner appropriate to their significance; and we have

to contribute to knowledge about and understanding of

our past. Those three good principles will guide the new

PPS, which will also emphasise the need to establish the

significance of an historic asset. I can see that being

useful regarding the need for character appraisals.

Significance is defined as the value of the place to this

and future generations because of its heritage interest,

whether archaeological, artistic, architectural or historic.

It is only when the significance of the asset has been

established that sensible policies can be devised to conserve

the asset, and sensible decisions taken on proposals that

might impact on its significance. The draft PPS recognises

that establishing significance is particularly important

for larger historic assets-conservation areas or world

heritage sites, such as Ironbridge or Stonehenge-because

their different elements make differing contributions to

their significance.

The consultation period runs out on 30 October, so I

have givenmy hon. Friend and the residents’ association

just a small window of time in which to prepare their

arguments and put them into a consultation that will

shape policy for the next decade.

I should like to leavemy hon. Friend with the following

messages. Planning for the historic environment is a

Government priority that is underlined by the concern

and care that we are putting into the new PPS. The

legislation is there to help preserve and enhance conservation

areas already in place.Most importantly, the onus is on

each local planning authority to devise the policies

needed to ensure the protection of its conservation

areas. Those authorities have a continuing obligation to

do this, because proper protection does not begin and

end with the designation of an area: it is a work in

progress. Planning authorities must involve the local

community when developing suitable policies and

determining planning applications. Only by doing this

can a true sense of ownership and a true sense of place

be achieved.

I wish my hon. Friend the very best of luck.

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