The policy protection of heritage in England & Wales – time for a rethink? Is the negative heritage test in the guise of “less than/substantial harm” the most appropriate means by which heritage significance can be examined and assessed?

What is it about?

This paper tests the hypothesis that the English adoption of an 'internal' and 'external' heritage balance in planning decision-making creates confusion that diverts attention away from the desirability of preservation, as intended by the key legislation, in preference to a morass of negatively couched policy tests. Various judicial challenges in the past have sought to clarify this confusion by seeking to untangle the legislation from the policy.

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