1. David Tomback – Enabling Development notes
What are the drivers for asset transfers?
 National policy e g defence reviews, NHS policy
 Smaller government e g mergers of local authorities
 Asset Management Plans (required since 2000)
 Targets to raise receipts from asset sales
 Estate rationalisation– fewer sites
 Operational efficiency e g sell the less efficient buildings
 Big Society agenda – transfer to community groups
 Localism Bill – land of community value
General Disposal Consent (England) 2003
Local authorities are allowed to transfer land and buildings at less than market value,
whether on a lease or freehold basis, where this ‘would help to secure the promotion
or improvement of the economic, social or environmental well-being of its area’
The future
Expect more of:
Disposals of heritage assets by public bodies
- Communities bidding to take on heritage assets
- Increased role for Building Preservation Trusts, social enterprises,
partnerships, ‘community interest companies’
- Increased demand for support and advice from organisations such as English
Heritage, HLF, Architectural Heritage Fund, Asset transfer Unit
Expect less of:
- grants from government agencies, including EH
- Big dowries from the MOD and other departments
- Funding from government departments and local authorities to maintain and
repair their heritage assets
The economy
 UK GDP contracted 0.5% in Q4 2010. Double dip – inflation –
 2010 saw a moratorium on lending -funding is the key.
 Government review of banking due in September.
 Yet FTSE hovering around 6,000
 Been there before! Seen four booms and busts in lifetime.
Feasibility Studies
 Regeneration through Heritage handbook – Prince’s Regeneration Trust.
 Feasibility study process – Michael Stratton’s Industrial Buildings:
Conservation and Regeneration
 Realistic and robust business plan
 Perhaps the need for amore accessible guidance?
 IS ENABLING DEVELOPMENT THE SOLUTION?

2. Started with the Royal Opera House (Court of Appeal 1988 R v. Westminster City
Council ex parte Monahan)
Enabling development is the means of securing the long term future of a heritage
asset when conservation through development in compliance with policy cannot do
so.
PLANNING POLICY STATEMENT 5
Policy HE11: Enabling Development
Local planning authorities should assess whether the benefits of an application for
enabling development to secure the future conservation of a heritage asset outweigh
the disbenefits of departing from the development plan (having regard to
the requirements of section 38(6) of the Planning and Compulsory Purchase Act
2004) or from national policies, taking into account whether:
it will materially harm the significance of the heritage asset or its setting
• it will avoid detrimental fragmentation of management of the heritage asset
• it will secure the long term future of the heritage asset and, where applicable, its
continued use for a purpose sympathetic to its conservation
it is necessary to resolve problems arising from the inherent needs of the heritage
asset, rather than the circumstances of the present owner, or the purchase price paid
• there is a source of funding that might support the heritage asset without the need
for enabling development
• the level of development is the minimum necessary to secure the future
conservation of the heritage asset and of a design and type that minimises harm to
other public interests.
Note 16 - Caveat
Note that these criteria are listed as a starting point,what is a material
consideration will always depend on the circumstances of the individual case and
this list is not comprehensive.
Market Testing
PPS5 – HE9.3
Guidance – it has to be genuine!
BPTs should be aware of the properties in their patch.
Have made contacts with reputable developers/LPA/Conservation officers
When market testing completed and concept of enabling development allowed, that
is the time when opportunity knocks.
Developers can be white knights or white sharks, there are all types. When
developers and BPTs work together:
 Each party has something important to offer.
 The BPT takes on the historic entity
 The developer takes on the new build
 Both sides can benefit and learn from the experience
To secure the benefit from Enabling Development

3.  SECTION 106
 Comply with ODPM circular 05/05 so must be:-
 Relevant to planning.
 Necessary to make the proposed development acceptable in planning terms.
 Directly related to the proposed development.
 Fairly and reasonably related in scale and kind to the proposed development.
 Reasonable in all other respects.
Problems can include
 Accuracy of Development appraisals
 Phasing
 Level of developer’s profit
 Additional unforeseen costs
 Market surge/failure
 Developer goes bust half way through development
Big Society:
‘The Government will make it easier for communities to take on community assets
through the community right-to-buy provisions in the Localism Bill. Practical help is
already available from the government-funded asset transfer unit and from the
Community builders programme, and the big society bank will step in to help social
enterprises and voluntary sector organisations early next year.’ (Andrew Stunell,
Parliamentary Under Secretary of State, CLG answer to PQ, Nov 2010)
Conclusion
Enabling development a valid, if inefficient, means of securing future of heritage
assets through public subsidy
 Take into account whether there will be material harm to the significance or
setting.
 avoids fragmentation of management.
 Secures long term future.
 Minimum necessary and benefits outweigh disbenifits.
 Enabling development can provide a platform for making a Trust more
financially stable in the future.
 The partnership between the private developer and the BPT is an opportunity
for both sides to learn from each other.
 It is not easy!
However, don’t be afraid!