Identity, Value and Protection: The Role of Statutory Heritage Regimes in Post-Brexit England

Abstract

A series of Acts of Parliament enable the Secretary of State for Culture to designate a wide variety of historic sites in England, as advised by Historic England. Although focused on the protection and management of sites, an emphasis is also placed on celebrating the sites’ history and their place in our national cultural narrative. Drawing on a range of recent casework undertaken by Historic England, this paper explores the place of statutory heritage regimes in post-Brexit England, especially the place that such sites play in the national consciousness and construction of identities by different communities.

Keywords:

• Heritage
• Brexit
• listing
• scheduling
• DCMS
• Historic England

Notes

1. Although not having the same weight as a listed, scheduled or protected site, Registration is a material consideration in the planning process, meaning that local planning authorities must take into account the historic interest of a Registered site when deciding whether or not to grant permission for any changes.

2. All cases can be (and many are) subject to review requests by interested parties, handled by DCMS. In all cases, see https://historicengland.org.uk/listing/apply-for-listing/designation-process/ for an explanation of the process, criteria and guidance used to inform the statutory process. All such sites, whether scheduled, listed, protected or registered, are included on the National Heritage List for England (NHLE), the statutory list of all designated historic places that is maintained by HE on behalf of the government in England, see https://historicengland.org.uk/listing/the-list/.

3. See https://historicengland.org.uk/research/heritage-counts/.

4. See https://historicengland.org.uk/listing/enrich-the-list/.

5. It should be noted that the only content moderation implemented via ‘Enriching the List’ is on grounds of privacy (for example, not showing people’s faces or car number plates on uploaded photos); obscenity (unless the use of obscene language is part of the historical narrative of a site, e.g. when part of listed graffiti) or demonstrable technical inaccuracy.

6. See https://content.historicengland.org.uk/images-books/publications/he-corp-plan-2017-20/three-year-corp-plan-2017-20.pdf/.

7. As of late April 2017, it has been announced that Colston Hall will be renamed: https://www.theguardian.com/uk-news/2017/apr/26/bristol-colston-hall-to-drop-name-of-slave-trader-after-protests.

8. NHLE entry 1435127, https://historicengland.org.uk/listing/the-list/list-entry/1435127, accessed 7 June 2017.

9. See https://nottspolitics.org/wp-content/uploads/2013/06/Labours-Plan-for-science.pdf.

10. NHLE entry 1439178, https://historicengland.org.uk/listing/the-list/list-entry/1439178, accessed 7 June 2017.

11. See https://historicengland.org.uk/whats-new/first-world-war-home-front/.

12. See https://historicengland.org.uk/research/inclusive-heritage/.

13. NHLE entry 1431190, https://historicengland.org.uk/listing/the-list/list-entry/1431190, accessed 7 June 2017.