Protecting the natural and cultural heritage of local landscapes: Finding substance in law and legal decision making

Abstract

Local landscapes enrich the lives of the communities that live and work within them by reflecting their natural and cultural heritage. This heritage emerges from the physical formation of landscape and its relationship with the heritage assets and sites within it, for example, historic buildings, wildlife and protected habitats. This paper seeks to explore how these values are given substance in law and legal decision making. It outlines the conceptual framework for the protection of local landscape values in England and then reflects upon the way in which they are identified in land use planning decisions. It does so by focusing on the narratives that emerge around these values in the reports of Planning Inspectors. Two case studies are used to illustrate the possible challenges that might be encountered in attempting to adopt local and holistic perspectives, and a broad interpretation of the heritage that lies in the local landscape. The paper concludes by considering a possible future research agenda, especially the means of appreciating the role and significance of law in a multi-disciplinary approach.