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C O N T E X T 1 7 9 : M A R C H 2 0 2 4 43 Legal update Levelling-up and Regeneration Act Alexandra Fairclough writes : The Levelling-up and Regeneration Act 2023 (LURA) became law on 26 October. Its heritage-related provisions include: 1. Special regard to certain heritage assets in the exercise of planning functions (Section 102). This creates a new Section 58B in the Town and Country Planning Act 1990 (TCPA90). This provides that, in considering whether to grant planning permission or permission in principle that affects a ‘relevant asset’ or its setting, a local planning authority or secretary of state must have special regard to the desirability of preserving or enhancing the asset or its setting. Such assets now include scheduled monuments, registered parks and gardens, protected wreck sites and world heritage sites. This introduces a statutory duty to preserve and enhance these assets, whereas previously this statutory duty related only to listed buildings and conservation areas under the Planning (Listed Buildings and Conservation Areas) Act 1990 (PLBCA90). 2. Temporary stop notices are introduced in relation to listed buildings (Section 103) via new Sections 44AA, 44AB and 44AC of the PLBCA90. This provides temporary stop notices in England for works undertaken on a listed building without consent which would affect its special interest, or where works are in breach of a listed building consent condition. 3. Urgent works to listed buildings include occupied buildings. It allows for the recovery of costs (Section 104) by amending Section 54 of the PLBCA90 so that urgent works can be undertaken to all listed buildings, even if in use. 4. Removal of compensation for building preservation notices (which now include requirement for a local planning authority to consult Historic England) (Section 105). The LURA removes the right for those in England to claim compensation for loss or damage caused by the service of a building preservation notice, although the right to compensation continues to exist for those in Wales. 5. The LURA requires a relevant authority to maintain a Historic Environment Record (HER) (Section 230). 6. Amendment to Local Government Act 1985 to allow the commission (Historic England) to provide and erect a commemorative plaque, tablet or sign on a house or building or place in any area in England (Section 240). Permitted development Change to permitted development via the Town and Country Planning (General Permitted Development etc) (England) (Amendment) (No 2) Order 2023, which will amend the Town and Country Planning (General Permitted Development) (England) Order 2015, came into force on 21 December 2023. The changes relevant to heritage include permitted development rights (PDRs) for solar panels and some other forms of development. These include: 1. Allowing the installation of solar canopies on non-domestic, off- street parking, if they are located ten metres or more from the curtilage of a house or flat. Prior approval is needed for the impact on appearance on Article 2(3) land. Easing of restrictions includes: 2. Allowing solar panels (no higher than 0.6 metres above the highest part of the roof, excluding the chimney) to be installed on domestic flat roofs. Prior approval is needed for the impact on appearance on Article 2(3) land. 3. Allowing solar equipment in the curtilage of domestic buildings where it is installed closer to the highway than the dwellinghouse. This includes conservation areas, but prior approval is needed for the impact on the appearance of the conservation area. 4. The one megawatt limit for non- domestic rooftop solar. 5. Upgrading rooftop masts and deploying small cell systems. Revised NPPF A revised National Planning Policy Framework (NPPF) was issued on 19 December 2023, building on previous versions. The new NPPF suggests three major changes, including a change in local planning authorities’ housing supply delivery; a change in emphasis on ‘beauty’ in design (there are 10 references to beautiful design in the NPPF); and an emphasis on community-led development. There appear to be no significant changes in respect of Section 16, Conserving and enhancing the built environment. The wording remains the same but the paragraph numbering has changed. The NPPF includes a new policy stating that significant weight should be given to supporting energy-efficiency and low-carbon improvements to existing buildings (para 164). The amendments in terms of design include reference to mansard-roof extensions (para 124). Faculty jurisdiction The Faculty Jurisdiction (Amendment Rules) 2023 came