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?

Abstract

Purpose

One of the central tenets of heritage protection is preserving heritage significance. This can be traced to the “conserve as found” philosophy espoused by Ruskin and Morris in the 1840s. A consensus of values framing what is conserved and the processes facilitating conservation has evolved. This paper examines those processes in land-use planning regulation.

Design/methodology/approach

After examining several cases selected for their high profile, revisions are suggested. A methodology is developed to promote a new way of applying the legal tests of preservation.

Findings

These include the development of a new methodology to assess cumulative heritage impacts, the removal of any artificial divide between tests of heritage harm and greater harmony between heritage policy and heritage legislative duties when confronting the delivery of preservation and enhancement within conservation practice.

Originality/value

Beyond the calls for reform from such bodies as Historic England and Cadw, no real examination has been undertaken of the relationship between legal strictures and policy detail when assessing the rigours of heritage significance.

Citation

Stubbs, M. and Carr, O. (2024), "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?", Journal of Cultural Heritage Management and Sustainable Development, Vol. ahead-of-print No. ahead-of-print. https://doi.org/10.1108/JCHMSD-05-2024-0096