HE 27
Y Pwyllgor
Cymunedau, Cydraddoldeb a Llywodraeth Leol
Communities,
Equality and Local Government Committee
Bil yr Amgylchedd
Hanesyddol (Cymru)/Historic Environment (Wales) Bill
Ymateb gan:
Cyfoeth Naturiol
Cymru
Response
from: Natural Resources
Wales
1.
The purpose of
Natural Resources Wales (NRW) is to ensure that the environment and
natural resources of Wales are sustainably maintained, sustainably
enhanced and sustainably used. In this context sustainably means
with a view to benefiting, and in a manner designed to benefit, the
people, environment and economy of Wales now and in the
future.
2.
NRW has a
historic environment interest and role to play in strategic policy
and planning and the delivery of area-based Natural Resource
Management Plans integrating the historic environment. We work in
partnership in relation to the Register of Historic Landscapes and
lead on the LANDMAP Historic Landscape assessment and monitoring
programme. We have a role in heritage management associated
with woodland operations, felling licences and other forestry
regulatory matters as well as ensuring the protection, conservation
and management of historic assets on the NRW estate. We
identify the potential impact of National Habitat Creation, habitat
restoration and SSSI consents and assents on historic assets.
The historic environment is taken into account in our flood risk
management operational work, projects and strategies, management of
Marine Conservation Zones and in relation to Shoreline Management
Plans and consultations connected with the Countryside and Rights
of Way Act 2000. Our wide ranging historic environment role will be
closely linked and delivered through the ecosystem services
approach, as part of the cultural services aspect, which is core to
NRWs principles and methods for working.
3.
We welcome the opportunity to present to the Committee our general
support for the Bill, whilst also raising some areas for further
consideration and clarification. We have responded under the
Committees’ Terms of Reference headings.
4.
Whilst the
Bill as a whole is of interest, there are specific measures, policy
and guidance documents that are particularly relevant to the roles
and responsibilities of NRW, our response focuses on these
particular elements. In addition to responding on the
legislation we have also given some early feedback on the policy
documents and selected draft guidance.
General
principles of the Bill
5.
NRW has been
involved in the External Reference Group to the Bill and are
encouraged by the overall purpose and intended effect of the
legislation. We are very supportive of the general principles
and intent of the Historic Environment (Wales) Bill, welcoming
legislation that further strengthens the protection and sustainable
management of the Welsh historic environment.
Guidance will be key to the delivery of the Measures
and intentions set out in the Bill and needs to clearly articulate
what is required to be compliant. We therefore welcome the planning
policy, statutory guidance and best practice guidance published to
accompany the Bill.
6.
The Bills Explanatory Memorandum, Planning Advice, Guidance and
Best Practice should help explain how the sustainable management of
the historic environment will support the delivery of the seven
Goals of the Well-being of Future Generations (Wales) Act 2015, in
particular the ‘Wales of vibrant culture and thriving Welsh
Language’ Goal, which relates to heritage. We do not feel
that this is sufficiently evident at this stage, this could be
strengthened to make the connections clearer.
7.
The Explanatory Memorandum’s purpose and intended effects
section (S3, page 8) recognises the historic environment’s
role in defining the historic landscape, national culture, identity
and distinctiveness. Whilst the Bill provides for the protection of
key elements that define this, it is important that this is fully
captured and translated into Best Practice Guidance to facilitate
and encourage sustainable management. We believe the guidance
could better reflect the contribution of the historic environment
to a sustainable Wales and to the interrelationship with other
Bills, notably the Natural Resource Management approach as set out
in the Environment (Wales) Bill. The Natural Resource Management
approach will be effective in working towards the sustainable
management of the historic environment. NRW would be pleased to
work with Welsh Government and Cadw to help ensure that the
requirements of all the Bills complement each other to deliver the
shared outcomes.
8.
The Explanatory Memorandum (section 10, page 8) identifies key
pressures in 21st century Wales, yet does not recognise climate
change as being one of the key pressures on the historic
environment. We recommend that the profile of climate change
and its potential effects on the historic environment is raised and
reference made to the emerging Historic Environment Sectoral
Adaptation Plans. In doing so this will help clarify the role
of the Historic Environment (Wales) Bill in contributing to the
climate change provisions of the Well Being of Future Generations
(Wales) Act and the Environment (Wales) Act.
9.
We believe that NRW is already well aligned to respond to the
changes proposed in the Bill and we welcome guidance which will
support our work. The principles are pragmatic and offer some real
opportunities to assist NRW in the management of the historic
environment when undertaking our functions.
10.
We believe we have experience and expertise that would usefully
inform the development of certain elements of the proposed policy
and supporting guidance (for example historic landscapes) and would
welcome an ongoing opportunity to contribute.
Measure: Immediate halt to
unauthorised works to scheduled monuments, easier action against
those who have damaged/destroyed monuments
11.
NRW supports the measure to facilitate cessation of damaging works.
Whilst co-operation with public bodies should be expected, the
ability to stop third parties both on public and private land, will
help to stop work continuing once it has been identified as a risk
to scheduled monuments.
12.
There are significant numbers of scheduled monuments on the NRW
estate, for example there are 179 Scheduled Ancient Monuments on
the Welsh Government Woodland Estate that we manage.
All have management plans agreed with Cadw and they are included in
our constraint mapping for the operational planning process. We
welcome the Measure to bring an immediate halt to unauthorised
works to scheduled monuments.
Measure: A statutory
register of Wales’ historic parks and gardens
13.
NRW supports the proposed changes to the Register of Landscapes,
Parks and Gardens (S18, page 22), making Part I of the Register of
Parks and Gardens statutory. This will give due recognition and
status to their special historic interest.
14.
We believe that the arrangements for consultation on planning
applications affecting Registered Parks and Gardens, and their
settings, will be firmer and clearer. Having a statutory register
that will ensure that all planning authorities, rather than some,
consult Cadw and an amenity society on planning applications
affecting Grade I and II*, is welcomed.
15.
The facility to potentially include key buildings, water or land
that is adjacent or contiguous is also welcomed. This will help
raise awareness and protection of important settings, features and
the local landscape of entries on the register, for maintenance,
development management, informing the planning of new woodland and
approving new planting schemes.
16.
The facility to maintain the register is essential, we support the
proposed modifications in 18 (1) (3) to add, remove or amend an
entry and the criteria and transparency in the decision making
process as set out in the purpose of the provisions in the
Explanatory Memorandum page 25, paragraph 114.
17.
A very positive improvement will be the publishing of the
up-to-date register as set out in 18 (1) (6) to extend access
beyond Welsh Government to owners, occupiers and other interested
parties, as detailed in the Explanatory Memorandum page 25,
paragraph 116. This will reduce the potential for overlooking areas
on the register.
18.
We agree with the effect of the intended provisions. It is
unclear however, whether the new statutory status will then result
in the Register entries appearing within the Land Registry, as
raised in paragraph 110 on page 24.
Measure: Partnership
agreements with consenting authorities
19.
We support the proposal for wider use of Heritage Partnership
Agreements. This would be useful to NRW when planning and designing
capital projects and other areas of NRW work. It would be a
positive development for ensuring historic environment management
in the wider environment. This proposal should lead to efficiency
savings, by reducing the number of consents for works where land
managers have long term plans for their sites. The consents for the
period of the plan could be agreed at the outset, rather than for
each operation. For example, Sustainable Forest Management Plans
with 5 year action plans, could identify works which can be agreed
and consented for over the 5 years, removing the need for each
operation to be consented. It would be useful to look at the
potential connections and synergies that could be made between
Heritage Partnership Agreements and the proposed land management
agreements in the Environment Bill.
20.
We support the proposal for wider use of Heritage Partnership
Agreements. This would be useful to NRW when planning and designing
capital projects and other areas of NRW work. It would be a
positive development for ensuring historic environment management
in the wider environment.
21.
This proposal should lead to efficiency savings, by reducing the
number of consents for works where land managers have long term
plans for their sites. The consents for the period of the plan
could be agreed at the outset, rather than for each operation. For
example, Sustainable Forest Management Plans with 5 year action
plans, could identify works which can be agreed and consented for
over the 5 years, removing the need for each operation to be
consented. It would be useful to look at the potential connections
and synergies that could be made between Heritage Partnership
Agreements and the proposed land management agreements in the
Environment Bill.
22.
We support the proposal that Partnership Agreements include the
management of land associated with scheduled monuments. This
provides an opportunity to deliver Natural Resource Management
principles that serve both the historic and natural environments.
For example linking in our forest resource plans and landscape
scale management where agreements relate to more than one historic
asset.
23.
Whilst the Bill is intended to ‘enhance existing mechanisms
for the sustainable management of the historic environment’,
we are disappointed to see that this measure seems to relate only
to Heritage Partnership Agreements for scheduled monuments and
adjoining land. Historic Landscapes, Parks & Gardens,
Battlefields and Historic Environment Record entries are not
addressed, which we believe is a missed opportunity. We believe
that amendments to the Partnerships Agreements would maximise
delivery of this intent if they related to the whole historic
environment.
Measure: Requirement to
create and maintain Historic Environment Records (HER)
24.
NRW recognises the importance of these records and makes frequent
use of the HER. We support the proposals to make sure this is
readily and consistently available and safeguarded for the
future. The proposal for planning authorities to take
‘ownership’ of the HERS seems sensible as long as
funding is in place for a fully qualified person, or process, to do
this. A single source for the HER may be beneficial in determining
historic assets for a particular location for development
management and land management purposes. The wording of 33
(2) (f) on page 43 could be clearer.
25.
The creation of a non-statutory category of ‘historic assets
of special local interest’, could result in disagreement
between the planning authority and land manager or developer.
The local authority has to consider entries whilst the developer
may argue that an entry is non-statutory, thus increasing expense
for both parties in determining plans. We would support the
creation of such a category but it must be supported by guidance to
ensure criteria are applied consistently and clarity is given on
relative material weight in the planning process, including any
processes for consultation and consensus.
Measure: Formal
consultation with owners for the designation of nationally
important historic assets
26.
NRW welcomes the opportunity afforded to land managers and
interested parties to comment on potential designations. It is
important for those affected to understand the implications of
designations on their land and to discuss area boundaries. The
measures to protect a site until designation is confirmed, are
sensible.
Measure: Independent
panel to advise on historic environment policy and
strategy
27.
We support the establishment of an independent Advisory Panel for
the Welsh Historic Environment unconstrained by organisational
remits, impartiality or political constraints. As stated in
the Explanatory Memorandum page 12 paragraph 28 ‘new and
stimulating perspectives… are needed’, we would
recommend that the Panel members are not confined to the historic
environment sector but also draw upon other disciplines and
represent a range of professional, academic and technical expertise
both from within Wales and potentially Europe.
28.
From NRWs perspective we would encourage expertise relating to the
environment and natural resources of Wales to be represented on the
panel. The cultural services aspect of the ecosystem approach
provides an integrating factor between the Natural Resource
Management approach set out in the Environment (Wales) Bill and the
protection and sustainable management of the Welsh Historic
Environment as set out in the provisions of the Historic
Environment (Wales) Bill. Clarification is sought on how the Panel
may engage with the Ministers Historic Environment
Group.
Potential barriers to the
implementation of the Bill’s provisions
29.
Generally, the extension of the definition of an Ancient Monument
is a useful proposal. However, the inclusion of industrial
waste heaps causes significant concern as when remediating
contaminated sites, it is often waste heaps that contain the most
contamination. Abandoned mines are the number one cause
of failure to meet the requirements of the European Water Framework
Directive in Wales, largely as a result of diffuse pollution from
waste heaps. Remediation of these sites is already restricted by
existing designations such as Special Areas of Conservation or
Sites of Special Scientific Interest. Therefore, further
designation of these waste heaps could add another barrier to
dealing with mine pollution in Wales. NRW is used to working
with listed buildings in the remediation process, but we would
question having the contaminated land itself protected which would
add significantly to an already complicated process with
potential financial implications too.
Any unintended
consequences
30.
As stated in 338, page 73 of the Explanatory Memorandum, the
Register of Historic Parks and Gardens has become firmly embedded
in national and local planning policies. Similarly, the
Register of Landscapes of Special Historic Interest in Wales.
Collectively they form the Register of Historic Landscapes, Parks
and Gardens. Whilst the Register of Parks and Gardens has
become statutory, the Register of Historic Landscapes has not and
is therefore not mentioned within the Bill or explanatory
notes. Potentially an unintended consequence of this is to
detract further from the status and recognition of the Registered
Historic Landscapes. We note that reference is made to
Registered Historic Landscapes in the draft Planning Policy Wales
Chapter 6 and TAN 24, and we wish to see that recognition and
material weight is maintained by their inclusion, with adequate
explanation, in these documents.
Financial implications of
the Bill
31.
We agree with the Regulatory Impact Assessment in relation to
establishing the Register of Historic Parks and Gardens on a
statutory basis (option 3). Should NRW have any Registered
sites on its estate, this would not add any significant
financial
burden. There does not appear to have been any account taken
of potential increased costs of protecting/managing sites in
relations to Climate Change.
The appropriateness of the
powers in the Bill for Welsh Ministers to make subordinate
legislation
32.
No comments on this matter.
Draft Planning Policy
Wales (PPW) Chapter 6
33.
Given that Local Planning Authorities (LPAs) will also be
developing area based policies affecting the historic environment,
we suggest that the paragraph 6.4.1 could be amended to read:
“Local development plans (LDPs) should have regard to
national policies on the historic environment”.
Reference to the potential introduction of ‘area
statements’ within Wales for the purpose of implementing the
national natural resources policy through the Environment Bill
could also be included to facilitate linkages to area based
policies.
34.
NRW welcomes the clarification that LPAs should take into account
the Register of Historic Landscapes in Wales in preparing their
LDPs and develop policies that will contribute to their protection
and conservation (6.4.9). Section 6.4.10 of the current
PPW, indicates that the Proposals Map should show the boundaries of
areas of protection. This provides clarity for developers and other
Plan users of the policies that apply within these areas. We
therefore recommend that a similar statement should also be
included in any amended Chapter 6 of PPW.
35.
NRW welcomes the clarification that information on the Register of
Historic Landscapes in Wales should be taken into account by local
planning authorities, when considering the implications of
developments which meet the criteria for Environmental Impact
Assessment, or ‘of more than local impact’. However, it
is unclear how ‘of more than local impact’ will operate
in practice. It is not clear from the current text at what
stage in the planning application process Welsh Ministers will
advise the applicant of a (non-EIA) proposal that they consider
will have a ‘more than local impact’ (6.5.25).
Additionally, it is recommended that the process should also
include ‘or a local impact that is highly
significant’. 6.5.25 should state that the need to
consider information contained in the Register will apply to the
specified types of development, whether they are located within or
outside the Registered Historic Landscape (where there is a likely
effect).
36.
Consideration should be given to highlight the need for LPAs to
consider cumulative impact from development, including those in
other consenting systems, for example Nationally Significant
Infrastructure Projects.
37.
We welcome the clarification provided in 6.5.26, but it requires
amending to allow for an updated revision to the Guide to Good
Practice taking on board recent practice, experience and
proportionality.
38.
An amendment is also required to allow for the historic landscape
element of a historic environment assessment to be undertaken
instead of an ASIDOHL2 where the ASIDOHL2 approach is not
suitable. This would send a clear message of current best
practice and approaches for assessing the effects of a proposed
development on a historic landscape.
39.
In light of the above, 6.5.25 and 6.5.26 could be amended to the
following (or this detail may fit better within the TAN 8.4 and
8.5). “6.5.25 - Information on the Register of Historic
Landscapes in Wales should be taken into account by local planning
authorities in considering the implications of developments which
meet the criteria for Environmental Impact Assessment and will
affect an area on the Register of Historic Landscapes, or would
have a more than local impact on an area in the Register or a local
impact that is highly significant. The Guide to Good Practice
on Using the Register of Landscapes of Historic Interest in Wales
in the Planning and Development Process (Revised Edition, Cadw,
Welsh Assembly Government and CCW, 2007, and any future revisions)
provides guidance on the types of development which may have a
‘more than local impact’, or a ‘local impact that
is highly significant’, on an area in the Register.
Development proposals should be considered on a case by case basis,
and proposals within and outside a Registered Historic Landscape
can have an adverse effect. Local planning authorities and
developers should seek the advice of Natural Resources Wales (note
this is to be confirmed when formally consulted) and the relevant
Archaeological Trust at the earliest opportunity when considering
whether a proposed development would have a more than local impact,
or a local impact that is highly significant, on an area in the
Register. 6.5.26 - The Guide also includes a method for
assessing the effects of proposed development on an area of
historic landscape (ASIDOHL2). This method, or the historic
landscape element of a historic environment assessment where
appropriate, should be followed by applicants when preparing the
relevant part of the Cultural Heritage chapter of their
Environmental Statement. Where sought, Natural Resources Wales,
Cadw and the relevant Archaeological Trust can advise whether an
ASIDHOL2 or a historic landscape assessment should be undertaken in
support of a planning application.”
40.
PPW and the TAN should make appropriate reference to the need to
take account of heritage coasts, historic seascape
characterisation, marine historic assets and other interests in the
coast and marine environment within development planning and
consenting. It would also be helpful to reference in more
detail the existing legislation and management arrangements that
apply to other heritage assets in the marine environment, such as
protected wrecks and war graves.
Draft
Technical Advice Note (TAN) 24
41.
The TAN should provide clarity, promote consistency, best practice
and proportionality and is well on its way to do this. We would be
happy to provide further comment during formal
consultation.
42.
NRW considers the historic environment to be very much embedded
within the ecosystems services and benefits framework promoted
through the Environment Bill. The value to society can be described
through the cultural ecosystems services construct, contributing to
inspiration, sense of place, tourism, and recreation. It would be
advantageous to make the links between the historic environment and
Natural Resource Management (NRM) explicit, to aid sustainable
decision making (1.7).The NRM framework as set out in the
Environment(Wales) Bill and accompanying Explanatory Memorandum as
written, adequately reflects these considerations and should be
reflected in the TAN. Welsh Ministers are also charged with
publishing and implementing an integrated national natural
resources policy which sets out how they plan to achieve
sustainable management of natural resources. This will include
considerations and benefits of those natural resources. The
cultural services of
landscapes are, we understand, to be included and these are
underpinned by the wider historic environment. It is therefore
important that integrated natural resources policy at a national
level is highlighted in this TAN. It would be helpful to add
that NRW will be implementing the national natural resources policy
by producing area statements. It would be appropriate for historic
environment information to be considered in area based natural
resource statements.
43.
The TAN needs to be clear on the definition of ‘national
importance’. It is presented differently in 1.5 and
1.20 and needs clarification because the term has a bearing on
weight given to an historic feature in the Environmental Impact
Assessment process and thresholds at which significant effects are
likely to occur and an objection triggered. The TAN needs to
reference LANDMAP (section 1.13, page 3) and be clear on the
relevance of the LANDMAP Historic Landscape evaluations to
decisions when assessing the effects on Registered Historic
Landscapes. Section 1.26 needs to specify who the local
planning authority consults in regard to effects upon Registered
Historic Landscapes.
44.
NRW welcomes the recognition of the strategic, planning and
well-being role of the Register of Historic Landscapes. The
current text in 8.3, which relates to PPW text in 6.5.25 commented
on above, requires further explanation.
45.
Explanations in section 8.4 and Annex D5, which states that the
boundaries will be those depicted on the Cadw website are
supported, these areas have caused uncertainty in the past in
development management.
46.
8.5 suggests that only those developments within or outside a
Registered Historic Landscape that require an EIA are considered.
However we consider that regulatory advice is provided to planning
authorities on developments that may affect the historic
environment with the potential for ‘more than local
impact’ where they are within a Registered Historic Landscape
or outside of a Registered historic landscape, where no EIA is
required but the development is close enough to have ‘more
than local impact’ on the Registered Landscape. We
suggest that section 8.5 is amended to reflect
this.
47.
Additionally, the facility to maintain the register is important,
we support the proposed modifications in 18 (1) (3) to add, remove
or amend an entry to the Historic Parks and Gardens Register, a
similar but non-statutory mechanism for the Register of Historic
Landscapes will be important.
48.
NRW is pleased to see the recognition of the role of the Register
of Historic Landscapes in meeting the European Landscape Convention
(ELC) measures in Annex D6 ensuring that this message comes across
and providing the opportunity for future reference back to
this.
49.
Any references to the Conservation of Habitats and Species
Regulations 2010 should read “Conservation of Habitats and
Species Regulations 2010 (as amended)”, this section should
address all nature conservation legislation not just the Habitats
Regulations.
50.
We would suggest an additional paragraph within the Nature
Conservation and the Historic Environment section on pages 6-7 as
follows, ` within the wider environment
of Wales it is important to recognise the contribution of ancient,
veteran and historic trees to people and places, both in terms of
cultural and biodiversity value.` The profile of these ‘green
monuments’ has been raised through Coed Cadw and the Ancient
Tree Forum but, a fuller inventory of where these trees are is
needed, as well as exploring ways to better protect and care
for this vulnerable resource, for example through partnership
management agreements between Welsh Government, natural and
heritage interests and landowners.
51.
NRW recommends that reference is made to the management synergies
between the historic and natural environments through geological
cultural heritage which is evident in many listed buildings,
scheduled monuments such as caves that are also Sites of Special
Scientific Interest and peat records in designated
bogs.
52.
We would be pleased to offer our experience and expertise in
contributing to the wording of any new text.
Managing
Change in World Heritage Sites Guidance
53.
NRW welcomes the draft guidance on Managing Change in World
Heritage Sites (WHS). All three WHS in Wales lie within
or adjacent to Statutory Designated Landscapes of Snowdonia
National Park, Brecon Beacons National Park and Clwydian Range and
Dee Valley AONB. Both landscape and heritage designations
share very similar conservation principles but to different
ends. There needs to be a promoted clear link made between
statutory landscape and heritage designations to ensure their
respective visions, management plans and management work on the
ground as well as planning decisions regarding the management of
change, are compatible and avoid unintended consequences.
Forest Resource Planning can take account of heritage assets to
achieve a positive outcome in the forest design for landscape and
heritage, taking into account core features and key views within
the setting and the buffer zone of the WHS. These aspects
needs to be addressed in all of the draft papers; PPW, TAN24
and the World Heritage Site guidance. In due course the
management of heritage designations will need to be integrated with
the Natural Resource Management approach set out in Area Statements
as proposed in the Environment (Wales) Bill.
Proposed
hierarchy of legislation, planning guidance and best
practice
54.
We suggest the addition of the Environment Bill under Primary
legislation and the ‘Good Practice on Using the Register of
Landscapes of Historic Interest in Wales in the Planning and
Development Process’ under Best Practice Guidance (it was
previously included).
Future
recommended additions
55.
Best Practice Guidance on ‘Managing Change in Registered
Parks, Gardens and Landscapes in Wales’ to add to the suite
of guidance for the sustainable and integrated management of the
historic environment.
Natural
Resources Wales
18 June
2015