Although many of the aims of the Heritage Protection Reform programme can be achieved without a change in legislation there are still a number of things which cannot be achieved in full. This page gives an overview of these elements.
Primary legislation is necessary for the following:
- The full transfer of responsibility for designation from the Department for Culture, Media and Sport (DCMS) to English Heritage.
- To bring together in one simple list, the separate regimes for listing, scheduling, registration of parks, gardens, battlefields and protected wreck sites.
- To introduce interim legal protection for heritage assets being considered for designation.
- To give better protection for sites of early human activity which cannot currently be scheduled.
- For owners to have a formal right to appeal against a designation decision.
- The unification of Listed Building and Scheduled Monument Consent into a single Historic Asset Consent.
- Local authorities to grant Historic Asset Consent including archaeological cases currently handled by the DCMS.
- For the pre-determination of Historic Asset Consent via Heritage Partnership Agreements.
- To give Historic Environment Records statutory force.
- For the merger of Conservation Area Consent with Planning Permission.
