Requirement of planning authorities to consult the Society
The requirement to consult the Society on planning applications affecting Registered Parks and Gardens commenced with the Town and Country Planning (Consultation with the Garden History Society) Direction 1995. I am unclear whether this is still in force or has been superseded by other legislation. The T & C P (Development Management) Order 2010 restates the need to consult English Heritage regarding applications affecting Grade I and II* Parks and Gardens but says nothing about consulting the Society. Any comments on this would be welcome.
This post was submitted by Chris Evans.
Category: Forum |
2 Comments » 
Jenifer White (of English Heritage) sends the following information:
In 2009 DCLG put together a draft comprehensive list of consultees for ease of reference http://www.planningportal.gov.uk/uploads/kpr/Draft_list_of_stat_and_non_stat_consultees.pdf
The GHS is listed as one of the statutory consultees.
The annex cites the basis of the GHS statutory consultee status:
Garden History Society
STATUTORY CONSULTATION: Direction under Article 10(3) of the GDPO 1995 set out in Appendix C to DOE Circular 9/95
Before granting planning permission for development which, in the local planning authority’s opinion, is likely to affect any garden or park of special historic interest which is registered in accordance with section 8C of the Historic Buildings and Ancient Monuments Act 1953, they shall consult the Garden History Society.
NON STATUTORY CONSULTATION RECOMMENDED BY CENTRAL GOVERNMENT: None
This means that the GHS keeps its statutory consultee status.
http://www.english-heritage.org.uk/professional/archives-and-collections/portico/
Dear Colleagues,
I note the exchange above but I am still confused. As Chris says,the T&CP (Development Management Provision) (England) Order 2010 no longer includes the GHS in Schedule 5 (Statutory Consultees). The DMPO has superseded (cancelled) the GDPO 1995 (and everything authorised under it), which Jenifer does not acknowledge. Can the Society please state the basis upon which it still claims statutory consultee status – this is important if the Society does not want to be ‘left out of the loop’.