By E-Mail

Strategy/Merger Consultation

Room 2.31

Longmore House

Salisbury Place

Edinburgh

EH9 1SH

CONSULTATION ON THE HISTORIC ENVIRONMENT STRATEGY FOR SCOTLAND AND THE MERGER OF HISTORIC SCOTLAND AND RCHAMS: COMMENTS FROM THE SCOTTISH PROPERTY FEDERATION

Introduction

  1. The Scottish Property Federation (SPF) is a voice for the property industry in Scotland. We include among our members; property investors, developers, landlords of commercial and residential property, and professional property consultants and advisers. Over 130 companies are members of the SPF.
  1. We welcome the opportunity to contribute to the consultation on the Historic Environment Strategy for Scotland and the Merger of Historic Scotland and the Royal Commission on Ancient and Historical Monuments of Scotland. We have not addressed all of the individual questions embedded in the consultation but we make a number of points below in relation to overarching principles. We are also happy for the Scottish Government to publish our comments and share our views with other public authorities.

Key Interest

  1. The SPF’s main interest in the Strategy is to assist in helping Historic Scotland and its successor body to remain in a position to support positive outcomes for the historic built environment. The private sector is the largest source of investment in the heritage sector and we are willing to work ever more closely with Historic Scotland to drive the sector forward to make the best use of our (built) historic environment. A good example of the role of the private sector in this regard is the approach taken in revitalising the traditional financial centre around Charlotte Square.

Key Concerns

  • The key tenet of the SPF’s policy on the historic environment is our belief that the best way to maintain historic properties is through their effective retention in use. However,difficult decisions will occasionally need to be made regarding the continued use and in extremis even existence of some buildings where this is not feasible for a variety of reasons (safety, cost to maintain, interest etc).
  • The private sector is the largest source of investment in the heritage sector and the property industry is willing to continue to work closely with experts within Historic Scotland in order to drive the potential of the sectorfor the purposes ofheritage itself and its contribution towards sustainable economic growth.
  • The industry would welcome the support of HS to address the growing complexity and legacy of managing historic assets where challenging economic conditions have tested viability considerations and their regenerative potential.
  • In devising the Strategyit will be important to bear in mind and ideally for the policy function of HS to have a strong input into the influence of wider government policies and their effect on the built environment, for example the impending retrofit requirements for non-domestic buildings from January 2014 under s63 of the Climate Change (Scotland) Act 2009.
  • Our members strongly support the operation of effective and efficient systems that align with the on-going simplification of the planning system and we are strongly of the view that this should be a key consideration in deciding on the internal control and governance arrangements of the new NDPB.

General Comments

  1. We recognise and understand the need for preservation and note the assumption to conserve historic buildings. However, difficult decisions will occasionally need to be made regarding the continued existence of some buildings where this is not feasible. Clearly it will be preferable to adapt or manage buildings to alternative uses in order to preserve their existence but it is important for the Strategy to recognise that sometimes historic buildings need to be adapted to fit modern requirements and standards. Unfortunately there is a growing proportion of listed buildings that are simply not fit for modern occupational requirements and this is an issue that needs to be acknowledged and addressed. For example, converted former town houses in the city centres of Glasgow and Edinburgh. Thus there is a growing legacy of historic assets where challenging economic conditions have tested viability considerations and their regeneration potential. In general investors will not be able to allow proposals to drag on with allocated funds being unable to achieve their required return – time is money. The time taken and feasibility of investing in older properties will become an increasingly critical determining factor in striking a balance between safeguarding historic assets in as close to their original presentation as possible, whilst realising their potential in contributing to sustainable economic growth.
  1. Our members question in fact whether the current system perhaps stifles the better use of dormant listed buildings rather than encouraging the reuse of listed buildings, which by their nature are often town centre and often also located in a prominent site. It is worth bearing in mind that these listed buildings are not exempt from the climate change retrofit requirements which in itself creates cost problems for potential investors.
  1. Sometimes overlapping policies introduced for the purpose of conserving and preserving the historic environment can make it difficult to address issues of use and adaptation. For example permitted development rights (PDRs) generally do not apply in conservation areas and there are almost 600 of those in Scotland, including much of central Edinburgh. Likewise, protecting broadly identified historic battlefields from inappropriate development is undoubtedly a good thing. However, the designations that have been made so far seek to capture the wider area of the battlefield, and are often extensive. No notice or consultation is required for the listing of a battlefield, except after the event and a number of commercial properties in these areas, including modern properties, may face additional planning controls when they next require a property refit.

Delivering the Vision

Question 8

  1. Our members agree that the Strategy should help the historic environment to remain in a position to deliver positive outcomes, harness available opportunities and address challenges. In particular the SPF welcomes the positive steps taken to create a central historic environment policy unit and the introduction of the certificate of intention not to list and the removal of notice. We also welcome the merger of RCHAMs and HS as a new non-departmental public body. This can be further supported by an efficient listed building consent and planning application process that will support developers seeking to bring historic properties up-to-date or back into use.

Realising the Ambition

Question 9

  1. Our members agree with the proposed structure, which will underpin how the ambition set out in the Strategy is realised particularly in aligning activities and energies across the sector as it adds authenticity to the proposals.The SPF recognises that early engagement by the private sector with HS and local authorities is also a key issue and one for the private sector to play its role in.

Measuring Success

Question 10

  1. The SPF believes firmly that the best way to maintain historic policies is through their effective retention in use, which should be a key measure of success. This can be helped by an efficient listed building consent and planning application process that will support developers seeking to bring historic properties up-to-date or back into use. This process would be greatly aided by agreements on timescales which will benefit both parties through providing certainty of decision-making and thence of the timing of the outcome of property proposals. Our members support strongly the operation of effective and efficient systems that align with the on-going simplification of the planning system and are strongly of the view that this should be a key consideration in deciding on the internal control and governance arrangements of the new NDPB. The SPF would be happy to be involved in further discussions about measuring success.

Equality, Business and Regulatory, Environmental Issues

Question 12

  1. The SPF is of the view that the proposals presented in the Strategy should not impact on business, the third sector or have any regulatory impact than is already the case provided it is aligned with the on-going simplification of the planning system.

Merger Proposals

Question 15

  1. Our members agree with the functions set out for the new body. It will be important for the new body to continue to work with the private sector to improve knowledge standards and skills.

Question 19

  1. Our members would support the approach set out in option 1 of the proposals for the management of Scheduled Monument Consent for Properties in the Care of Scottish Ministers. The operation of effective and efficient systems that aligns with the on-going simplification of the planning system should be a key consideration in deciding on the internal control and governance arrangements of the new NDPB. Time is money and investors will not be able to allow proposals to drag on with allocated funds being unable to achieve their required return.

Question 20

  1. Our members agree with the proposal to exempt certain aspects of the organisation’s work from Ministerial direction would provide an appropriate balance between public accountability and scrutiny and the need to provide for independent professional decision making.

Question 27 & 28

  1. The SPF recognises the need to keep unnecessary costs to a minimum and the desire to retain recognised brands. However, it will be important to ensure that in so doing the new body works in an efficient, effective and cohesive manner in line with the intended policy behind the merger. Our members agree that the new body should have a new name and identity and suggest Heritage Scotland as a possible option.
  1. The SPF would be pleased to discuss our comments at the Scottish Government’s convenience.

Mandy Catterall

Policy Officer,

Scottish Property Federation

0131 306 2222

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