Our role in planning

Planning helps to maintain and enhance Scotland’s distinctive historic places. Historic places enrich our lives, contribute to our sense of identity and add considerable value to our economy as tourism and leisure destinations.

We have statutory functions within the planning system as part of our wide range of responsibilities for the historic environment.

Our Heritage Directorate leads on planning engagement. 

More information about our role in planning can be found in the Historic Environment Scotland Circular.

Our Planning Service Standard sets out how we engage in the planning system. It provides information on the service that developers and planning authorities can expect from us including timescales for consultation.

Planning work we've been involved in recently is often featured in our heritage newsletter, Lintel.

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Our role in the planning system is to provide advice on the potential impacts of development on the historic environment to planning authorities, developers and others involved in planning.

The historic environment is an irreplaceable resource but also a dynamic one, and we are committed to preserving its most significant features. We also recognise that the historic environment can be the focus for regeneration and development.

We offer planning-related advice on:

• category A listed buildings and their setting

• scheduled monuments and their setting

• inventory battlefields

• inventory gardens and designed landscapes

• Historic Marine Protected Areas

• World Heritage Sites

Read more about these protected historic places

We can offer advice on the impact of development proposals on these types of site throughout the development process. Such advice is often linked to our statutory functions relating to various consenting processes. This includes:

• listed building consent and conservation area consent

• scheduled monument consent

We are also a consultation body for developments requiring an Environmental Impact Assessment.

We work with planning authorities during the preparation of development plans to ensure that the historic environment is considered in a positive way. We aim to help provide certainty for long term growth and development in a way that protects and enhances our historic environment.

In the early stages, we provide evidence which informs the emerging development plan. As the plan making progresses, we help decision-makers understand how spatial proposals are likely to affect the historic environment. We advise on how to reduce potential negative effects, and enhance potential positive effects. We also give advice on locally specific policy which may affect the historic environment, helping to ensure it is appropriate and effective.

At a later stage, the Proposed Plan sets out the formal position of the Local Authority, and we are invited to make representations before it is finalised. We will respond with one of three types of response:

No advice

Where we think the proposed plan aligns with national policy for the historic environment and we are not seeking removal or changes to the spatial strategy. Not commenting does not mean that the plan may not have impacts on the historic environment but indicates we are content that any issues can be managed through the development management process. 

Representation (modification or support) 

Where we think aspects of the plan should be strengthened or modified to protect or enhance the historic environment, or where specific mitigation should be included that would help to enable the delivery of the spatial strategy (for example additional site requirements or adjustments to site boundaries); or where we support an allocation or proposal because it strongly aligns with national policy for the historic environment.

Representation (removal)

Where we think the policies in the plan do not align with national policy for the historic environment or where we are seeking the removal of a proposed allocation. We only seek removal of policies or proposals where we think their inclusion will go on to raise issues of national interest for development management, and where we consider that these issues cannot be adequately addressed through modification or site requirements.

We also work with planning authorities on other activities linked to development plans. This might involve giving advice on:

• masterplans, development briefs and frameworks

• delivery programmes

• non-statutory supplementary planning guidance

Historic Environment Scotland is a statutory consultee for planning applications for works affecting:

• category A listed buildings and their setting

• scheduled monuments and their setting

• inventory battlefields

• inventory gardens and designed landscapes

• Historic Marine Protected Areas

• World Heritage Sites

Read more about these protected historic places

We are also a consultation body for developments requiring an Environmental Impact Assessment.

Our main role in the development management process is to make sure that the decision maker is aware of any relevant issues related to the historic sites and places they consult us about.

When we engage with development management we:

• respond to pre-application consultations to highlight significant issues at an early stage

• consider each proposal on its own merits

• focus our advice on matters of national interest - proposals that could significantly affect designated assets we are consulted about

• ask for information only when we need it to inform our view and give clear advice

• object only where we identify impacts on the historic environment that raise issues of national interest

• reconsider our view where relevant new evidence is presented

Our advice will be proportionate, enabling and clear. We will respond with one of four types of response:

No advice

We do not comment on an application when we have concluded that the proposals don’t have the potential to raise significant issues for the asset(s) we are consulted about and we think our advice wouldn’t add value to the decision-making process. Not commenting doesn’t mean we support the application but indicates we are content for the decision-maker to determine it without our detailed advice and using national policy and guidance as relevant. 

This does not mean there are no significant effects on the historic environment for the consenting authority to consider. If they are minded to grant consent they may wish to seek amendments or attach conditions of consent to protect aspects of the historic environment.

Standing Advice

Our standing advice is derived from national guidance (usually Managing Change in the Historic Environment). We will respond with it in situations where national guidance sets out clear advice for the planning authority to help them in their assessments. Standing advice is designed to be generic and suitable to many applications that we are routinely consulted on.

Detailed Advice

We offer case-specific advice on applications when we think the proposals have the potential to raise significant issues on an asset we are consulted about and we think our advice can help the decision-maker.

Objection

We may object to an application if a development proposal has the potential to cause a significant adverse impact on an asset we are consulted about and does not align with Scottish Ministers’ policies for the historic environment. When we object, it will be because we consider the potential adverse impact is of national interest.

When we object we make clear when it is because we need more information, would like mitigation to be explored, or have the information we need but do not think changes to make the proposal acceptable are possible:

Historic Environment Scotland welcomes the chance to engage with developers, alongside the relevant decision-maker, before they submit proposals. You can contact us to discuss a development proposal by emailing hmenquiries@hes.scot . Our response time for these consultations is 21 days.

Early engagement lets us clarify the information we believe is essential to support a planning application.

We often work closely with developers and planning authorities at the pre-application stage of a development proposal to better understand:

• issues relating to the historic environment

• ways in which impacts can be sensitively managed and any negative effects mitigated

Our aim is to give the developer and decision maker a clear understanding of the potential impact of the development on the sites and places we are consulted about. They can then take this into account in their decision-making.

You can also read about our requirements for pre-application consultations for Environmental Impact Assessments.  

When we respond to planning consultations, we refer to national planning policy set out within the fourth National Planning Framework (NPF4). NPF4 includes policies for the setting of heritage assets, refers decision makers to relevant guidance and it is a material consideration for relevant decisions. 

There is more information about setting in our Managing Change in the Historic Environment Guidance. NPF4 refers decision makers to this guidance and it is a material consideration for relevant decisions. 

For scheduled monuments, NPF4 Policy 7 h, ii refers to “significant adverse impacts on the integrity of setting of a scheduled monument”. Integrity is not defined in the policy. When we refer to the integrity of the setting of scheduled monuments, we mean: 

"Changes to factors of setting that contribute to cultural significance such that the understanding, appreciation and experience of an asset are not adequately retained will have a significant adverse impact on the integrity of its setting."

This definition has been subject to discussion and agreement at appeals and public local inquiries over a number of years.

Our Planning Performance Report is published annually.

It sets out our role and performance in the planning system and provides an update on our work to secure positive outcomes for the historic environment. Our report includes statistics on our performance, and a summary of the strategic work we have done, and plan to do, to improve our service.

This independent charity can help you to engage in the planning process. It provides free, impartial advice on planning to individuals and community groups.

Contact Planning Aid for Scotland:

11/2C
Tweeddale Court
14 High Street
Edinburgh
EH1 1TE

Telephone: 0131 220 9730
Email: office@planningaidscotland.org.uk

Planning Aid for Scotland website