REVIT Heritage Report.pdf

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Torfaen County Borough Council REVIT: A Review of the Conservation of Industrial Heritage Assets on Brownfield Sites receive a certain amount of compensation, in the form of tax relief, for the additional burden of maintaining the cultural heritage. 3.8.8 Depending on each federal state, the administration is either a two-or three-tier system. Cultural heritage institutions may be: "lower heritage conservation authorities", chiefly found at district level, but also at municipal level; "higher heritage conservation authorities" at state level, but found only in the larger states; and finally the "superior heritage conservation authority", which is a State Ministry with responsibility for cultural affairs 3.8.9 Stuttgart is located in Baden-Württemberg, which is a Federal Bundesländer divided into four regions with Stuttgart as a Federal capital and Administrative District in its own right. 3.8.10 The federal states’ laws on cultural heritage protection provide for a central specialised authority, the National Monument Office (Landesdenkmalamt or LDA), in each federal state. 3.8.11 The National Monument Office of Baden-Württemberg is the central authority responsible for all specific issues relating to cultural heritage in the region and is only subject to the control of the supreme cultural heritage protection authority. 3.8.12 The LDA is divided into the Department of Building and Art Monument care, the Department of Archaeological Care of Monuments and the of Department administration and inventory services. 3.8.13 The responsibilities of the LDA involve advising the lower cultural heritage authorities (communes), the owners of monuments and historic buildings and drawing up guidance on all issues relating to the conservation and protection of the cultural heritage. The LDA represents the interests of cultural heritage conservation in respect of all public planning and development projects and maintains a list of monuments and historic buildings. 3.8.14 The higher cultural heritage authorities (district governments) exercise technical control over the lower cultural heritage authorities. They are responsible for monuments and historic buildings under the trusteeship of the Federal Government, or of the federal states and, sometimes, for drawing-up and updating lists of monuments and historic buildings. 3.8.15 The lower cultural heritage authorities (rural districts and communes) are generally responsible for the practical implementation of cultural heritage conservation and protection. This means they are the main point of contact for all inquiries, applications and appeals. 3.9 Legal Background 3.9.1 The main national legal protection is the Article Act (artikelgesetz) of 1980 governing the incorporation of cultural heritage protection into Federal Law. This means cultural heritage protection has been integrated into a number of federal laws (legislation governing regional planning, waterways, federal laws governing nature conservation, telecommunications laws etc.) based on the information gained during, and obligations ensuing, from the European Heritage Conservation Year in 1975. A recommendation issued by the German National Committee for Monument Protection (Deutsche Nationalkomitee für Denkmalschutz) provided the basis for the Article Act. 3.9.2 In addition national Planning Legislation of 1991 stipulates that cultural heritage must be taken into consideration in urban development plans and this 0014021/JM/001 15

Torfaen County Borough Council REVIT: A Review of the Conservation of Industrial Heritage Assets on Brownfield Sites regulation has been integrated into the relevant laws of the federal states. The institutions which deal with heritage management therefore differ from state to state. Some states even have two regional heritage bodies due to historic differences. 3.9.3 The legal basis for the conservation and protection of cultural heritage is regulated in the various heritage protection laws of the federal states. The state laws define the cultural heritage value, the competencies, access to monuments and historic buildings, tasks, rights and obligations of the public sector and of the owners of monuments and historic buildings. 3.9.4 Following reunification in the years between 1990 and 1994, Eastern Germany adopted the various cultural heritage protection laws enacted by the federal states in West Germany between 1971 and 1980. In Eastern Germany the special “Urban Heritage Protection” programme was implemented as part of the promotion of urban development has been particularly successful 3.9.5 The legal basis for monument protection and care of monuments in Baden- Württemberg is the monument protection law of 1972. Cultural monument protection encompasses: "...objects, or any part it, whose preservation is in the public interest due to scientific, artistic or local-historical reasons”. The cultural monument protection also includes any other structures belonging to such a monument, as forms part of the principal monument, or is within the setting of a monument. 3.9.6 Permission on statutorily protected monuments is provided by the lower monument protection authorities in consultation with the land agency, the mayoralties and/or the higher monument protection authorities. 3.9.7 Due to the federal structure and the associated allocation of responsibilities, Germany does not have a national cultural heritage inventory of sites and monuments. Instead, the specialised cultural heritage authorities in each Federal area provide inventories for the cultural heritage and these are financed from federal state funds. 3.9.8 Whilst each state has a "list of monuments and historic buildings ", there is not necessarily any link between the protection of land and buildings and their status as listed monuments. In some states, listing has no more than a declaratory effect, and the protective provisions of the law apply to all constructions, sites or objects which meet the statutory definition of "monument", regardless of whether they are listed or not. In others, listing has "constitutive" effect; only those buildings listed as monuments are protected. 3.9.9 The practical difference between the two systems lies in the fact that constitutive listing entails an administrative procedure designed to determine the building's legal status as a monument, whereas declaratory listing does not entail any administrative procedure, and the question of whether a building is or is not a monument can be left open until such time as a firm and final decision is required for a restoration or demolition scheme. 3.9.10 All state cultural heritage conservation agencies are developing GIS systems, although most of them have not yet done so. In the majority of cases, there is a trend towards integration of cultural heritage with the State Surveyor’s Office within the framework of the “real estate registers” (ALKIS), or digitised maps. The integration of cultural heritage into framework is useful for the state cultural heritage conservation agencies because it can be used by the planning authorities for planning decisions which take cultural heritage into consideration. 0014021/JM/001 16

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