Discussion Paper

Culloden Battlefield Historic Environment Listings and Designations

A briefing to Highland Council and Key Stakeholders

Brad Williams – October 2013

CONTENTS

1. INTRODUCTION AND BACKGROUND ..................................................................................... 3

THE PLACE................................................................................................................................ 3

HIGHLAND COUNCIL AS A STATUTORY HERITAGE AUTHORITY ................................................... 4

HISTORIC SCOTLAND AND MANAGEMENT OF HISTORIC BATTLEFIELDS ...................................... 6

2. DESCRIPTION OF THE PLACE AND SURROUNDS...................................................................... 7

3. HERITAGE SIGNIFICANCE OF THE PLACE................................................................................. 9

4. CURRENT STATUTORY LISTINGS AND MANAGEMENT INSTRUMENTS: .................................. 11

5. DESIRED HISTORIC ENVIRONMENT OUTCOMES ................................................................... 17

6. ISSUES ARISING .................................................................................................................. 21

DEFINING THE VALUE AREA .................................................................................................... 21

INTANGIBILITY OF SOME KEY VALUES ..................................................................................... 22

LANDSCAPE CHARACTERISATION AND DEFINITION OF VISUAL CATCHMENT AREAS ................. 23

DEVELOPMENT PRESSURE ...................................................................................................... 24

FORESTRY OPERATIONS.......................................................................................................... 25

7. OPTIONS ............................................................................................................................ 26

8. RECOMMENDATIONS ......................................................................................................... 33

ATTACHMENT A – PROPOSED DESIGNATION/LISTING BOUNDARIES............................................ 37

 1. INTRODUCTION AND BACKGROUND

This briefing paper has been developed for Highland Council in order to assess the sufficiency of the current
historic environment management provisions for the Culloden Battlefield Site (the place) (and associated
places) on the eastern outskirts of Inverness, Scotland. The following points are addressed in this document:

- What are the broad values of the place?

- What are the current statutory and non-statutory mechanisms available for managing/protecting
those values?
- What is an appropriate area designation(s) to administer those values?
- Are current mechanisms sufficient? And are the areas to which they apply sufficient?

The above will culminate in the following recommendations

- A proposed mechanism (or mechanisms) for managing the historic environment and an applicable
area designation.
- Supplementary Guidance for managing values in the statutory process pursuant to the Highland-
wide Development Plan, Local Development Plan(s) and Highland Historic Environment Strategy.

THE PLACE

The battlefield marks the site of the April 16th 1746 battle between Charles Edward Stuart’s Jacobite troops
and the Duke of Cumberland’s (British) army – the last battle ever fought on British soil. The Jacobite troops
were defeated in the battle (losing some 1500-2000 troops as opposed to Cumberland’s losses of some 60-
2001), which effectively ended the 50 year Stuart campaign to reclaim the Scottish monarchy and marked
the start of a profound trajectory in British history. The defeat of the Stuarts allowed England to concentrate
on colonial exploits elsewhere in the world (e.g. America, Canada, India, Australia) and has international
significance in the process of colonialism and expansion of the British Empire as well as the fall of the
Scottish Monarchy. This battle set precedents for further British Military actions in the latter eighteenth and
early nineteenth centuries in the lead up to the Napoleonic Wars.

The battle has remained an important part of Highland cultural memory – and in the nineteenth century a
series of memorials and grave markers were erected on the site. The land was sold to the Forestry
Commission in 1925 and a conifer plantation established. Between 1937 and 1970, various property owners

1
Note that the actual numbers of dead vary between historians, and supplementary non-invasive archaeological survey provides a
figure in the upper-end for Cumberland’s losses.
gave, or nominally sold, surrounding areas (including obvious site features) to the National Trust for Scotland
(NTS) and by 1981 the NTS owned approximately 12.4 acres of the core area of the battlefield. That year the
Trust purchased a further 109 acres of land from the Forestry Commission. During the 1970s and 1980s, the
NTS undertook several projects to reinstate the historic landscape of the battlefields and surrounds,
including clearing forestry plantations, re-establishing moorland vegetation, undergrounding of services,
demolition of intrusive buildings and facilitating the realignment of the road (built in 1835) which formerly
ran through the cemetery of the clans (and associated land dealings). The final land acquisition was in 1989
when the Trust purchased 39 acres known as the Field of the English. A visitor centre and representative’s
residence was built in 1970 (redeveloped in 1984) which were replaced with the current visitor centre in
2004.

HIGHLAND COUNCIL AS A STATUTORY HERITAGE AUTHORITY

By way of the Highland Local Development Plan (April 2012), Highland Council as a planning authority
manage development in the region pursuant to the Town and Country Planning (Scotland) Act 1997. Section
21 of the plan (Safeguarding our Environment) specifically relates to historic cultural heritage (Section 21.1).
Section 21.1 provides Policy 57 (Natural, Built and Cultural Heritage), fulfilling the planning authority’s
obligation to further Scottish Planning Policy (of relevance here the Scottish Historic Environment policy).
Policy 57 states that:

All development proposals will be assessed taking into account the level of importance and type of heritage
features, the form and scale of the development, and any impact on the feature and its setting, in the context
of the policy framework detailed in Appendix 2 [of the plan]. The following criteria will also apply:

1. For features of local/regional importance we will allow developments if it can be satisfactorily

demonstrated that they will not have an unacceptable impact on the natural environment, amenity
and heritage resource.

2. For features of national importance we will allow developments that can be shown not to
compromise the natural environment, amenity and heritage resource. Where there may be
significant adverse effects, these must be clearly outweighed by social or economic benefits of
national importance. It must also be shown that the development will support communities in fragile
areas who are having difficulties in keeping their population and services.

Note that under the Scottish Historic Environment Policy, Historic Battlefield
Designation indicates that a battlefield is considered to be of National significance,
 therefore there is an expectation that planning authorities will manage them in
accordance with this level of significance.

3. For features of international importance developments likely to have a significant effect on a site,
either alone or in combination with other plans of projects, and which are not directly connected with
or necessary to the management of the site for nature conservation will be subject to an appropriate
assessment. Where we are unable to ascertain that a proposal will not adversely affect the integrity
of a site, we will only allow development if there is no alternative solution and there are imperative
reasons of overriding public interest including those of a social or economic nature…….. Where we
are unable to ascertain that a proposal will not adversely affect the integrity of the site, the proposal
will not be in accordance with the development plan within the meaning of Section 25(1) of the Town
and Country Planning (Scotland) Act 1997.

Sections 3 and 7 of the current document discusses the potential of the Culloden
Battlefield to be of international importance.

Appendix 2 of the plan details specific place types, listing mechanisms and local/national policy according to
these three levels. It is noted in the plan that the rigour of assessment of proposals is to be consistent across
all three tiers.

Supplementary advice on the historic environment is provided by Highland Council’s Highland Historic
Environment Strategy Supplementary Planning Guidance (adopted January 2013).

Highland Council also act as the referral agency for development applications which require referral to, and
input from, the national heritage agency, Historic Scotland, and to ensure that development appraisals
accord to Historic Scotland Interim Guidance, guidelines and policies.

Culloden Battlefield Conservation Area was designated in 1968 with the intention of encompassing the area
associated with the 1746 battle. The boundary was drawn based on the understanding of the battle at the
time and no amendments have been made since. Given the recent designation of a wider area as a Historic
Battlefield by Historic Scotland, and development pressure in the area, it is fitting that a review of the
Conservation Area (and other historic environment provisions) be undertaken.
HISTORIC SCOTLAND AND MANAGEMENT OF HISTORIC BATTLEFIELDS

Clauses 2.88 and 2.89 of the Scottish Historic Environment Policy details Historic Scotland’s obligations in
working with planning authorities on the management of Historic Battlefields:

2.88 – Historic Scotland will work closely with planning authorities on consent for development
proposals affecting inventory sites, and with other public bodies.

2.89 – In fulfilling this duty Historic Scotland will:

a. make its decision-making processes transparent

b. provide advice and support in aid of the protection, management and interpretation
of battlefields: and
c. keep policy and process for battlefields under review.

It is expected that the Highland Council, Historic Scotland, the National Trust for Scotland and other key
stakeholders will work collaboratively for the common goal of the conservation of the historic environment
values of the Culloden Battlefield and related sites.
 2. DESCRIPTION OF THE PLACE AND SURROUNDS

The central area of the Culloden Battlefield is located on rehabilitated moorland and grazing area 6
kilometres east of Inverness, Scotland. The NTS own much of the core portion of the site (i.e. the main battle
site, burial sites, memorials etc.) however the wider setting of the site and associated sites/event locations
surround the core part of the site.

Conifer plantations and semi-natural woodlands bound the site to the north and west. Whilst farming land
and low density residential occupation is predominant around the site (particularly to the east and south)
development pressure from an expanding Inverness is encroaching the site – particularly from the north. To
the south of the core of the site, fields gently slope to the River Nairn which at the time of the battle would
have been a mix of moorland, pasture land enclosed with turf and stone enclosures. Culloden House – which
has a strong association with the battle (largely reconstructed in the late 18th century after a fire and period
of semi-dereliction) is to the north of the site although plantations and recent residential development have
obliterated the ability to comprehend the connection of the places on-ground as well as the connection of
the site to the Inner Moray Firth in the distance (noting that contemporary artworks of the battle emphasise
views to the house and firth – although in an exaggerated manner).

A road runs through part of the battlefield site, which until the 1980s was aligned further southward
immediately through the clan cemetery. A visitor centre constructed by the NTS in 2006 is located at the
east of the site. The main historic above ground features of the site are the 18 th century Old Leanach
Cottage, the nineteenth century memorial cairn and clan graves, the Well of the Dead, the nearby
Cumberland Stone and Kings Stables Cottage and the reconstructed Culwhiniac enclosure. Over the last 3
decades, sporadic archaeological work has been done which has revealed that the site is scattered with the
detritus of battle, remains of enclosures and other buildings associated with the Old Leanach Cottage.

The core of the battlefield site was until recent decades covered in conifer plantations and has since been
rehabilitated to a gorse and heather moorland by the owners, the NTS. The site retains a marshland feel
with pools of water and streams, giving an overall impression of site conditions at the time of the battle.
Wider development is almost incomprehensible from the core of the site (e.g. the area of clan graves and
memorials) – development to the north being screened by plantations, to the east being screened by the
new visitor centre and mound, and to the south and west broad open fields are largely devoid of major
development right to the distant hilltops. The time of the battle would have seen the areas as a combination
of marshland and farming land – the area still has that same predominant feel (although subtly different)
which provides an ambient setting for the battlefield site. There are a number of Neolithic (and onwards)
occupation and burial sites in the vicinity, including the Clava Cairns (further discussed below).

The historical landscape of the battlefield site, being the Culloden Moor, parts of the Culloden House Estate
(e.g. Culloden Park) and the wider Drummossie Moor, is depicted in historical accounts and artwork from the
time of the battle. Recent archaeological work has given further insight into the landscape. At the time of
the battle, the moor was used as rough grazing land, with a series of stone walled and turf enclosures to the
north and south of the battleground which played an important part in locking the position of the battle (and
in understanding its extent). Some historical artworks tend to exaggerate the park-like landscape of
Culloden House through to the Inner Moray Firth – it can be reasonably summarised that the area was a
combination of wet moorland and rough grazing with some tree cover – currently the sites (e.g. battlefield,
Culloden House and the firth) are very disjointed by topography, development and forestry making it
difficult to relate to the early connectedness and landscape. The area is likely to have been sparsely
populated with small holdings and tenant farms across the landscape and remains of much earlier
settlement (from the Neolithic onwards) also dotted throughout the landscape.
 3. HERITAGE SIGNIFICANCE OF THE PLACE

A substantial amount of work on the historical background of the battle of Culloden has been undertaken
over many decades and will not be repeated at-length here. The list of sources below is not intended to
represent a comprehensive bibliography of the battle; however these sources were consulted in formulating
background knowledge of the events (and consequent history and site evolution) sufficient to inform the
development of this document:

- HISTORIC SCOTLAND (2011): Inventory of Historic Battlefields – Battle of Culloden.

- THE NATIONAL TRUST FOR SCOTLAND (2013): Cuil Lodair Culloden
- THE NATIONAL TRUST FOR SCOTLAND (1992): Culloden Management Plan.
- AITCHISON. K. (1994): Culloden Dykes, Documentary Research.
- BLACK, J. (2000): Culloden and the ’45.
- POLLARD, T. ed. (2009): Culloden, The History and Archaeology of the Last Clan Battle.
- REID, S. (2002): Culloden Moor 1746, The Death of the Jacobite Cause.

From a review of the above sources, the heritage significance of the Culloden Battlefield is unquestionable.
Whilst the development of comprehensive statements of significance is beyond the scope of this document,
the following summarises the significance of the place, event and associated persons:

The Culloden Battlefield is of National significance as marking the final battle fought on British soil and
represents the unsuccessful end of a long-running battle to restore the Stuarts to the throne. The battle
represented an important event in the demise of the Jacobite movement and the Clan system in Scotland
with the start of the Highland Clearances and the end of the traditional Highland way of life. Accordingly, the
battle holds an important place in the national identity of Scotland as depicted in folklore associated with the
battle and aftermath.

The battlefield is of international importance in understanding the expansion of the British Empire, as defeat
of the Jacobites (and consequently quelling the threat of French invasion) allowed England to concentrate on
imperial expansions elsewhere, including America, Canada, India, New Zealand and Australia – some
personalities involved in Culloden went on to have an involvement in subsequent battles of great importance
to the history of the British Empire. The Battle of Culloden has a place in understanding a wider international
context of British battles and the following decades represent unprecedented British colonial expansion and
contraction which acted to shape the modern world as we now know it. No other battle within the British
Isles had such immense consequences in the international expansion of the British Empire, with an estimated
20 million people across the world being descended from Scottish citizens displaced by the events directly
resulting from the events culminating at, and leading on from, the battle of Culloden.2

The site of the battle has associations with persons of great importance to British history, including Charles
Edward Stuart (the last Stuart who attempted to reclaim the throne of Scotland and England, grandson of
King James VII of Scotland and II of England), Prince William Augustus the Duke of Cumberland (son of King
George II) as well as many persons of great local importance – in particular the Chiefs of many prominent
Highland Clans. The battlefield as a memorial, as depicted in folklore and physical commemoration is of
national significance as a pilgrimage site and symbol of one of the most profound cultural transition periods
in Scotland.

The Culloden Battlefield has substantial research potential, as proven by archaeological work over the past
few decades, to yield information on the following important historical and archaeological themes:

- War tactics of the 18th century

- Arsenal of both the army and Jacobite forces
- General material culture of two distinct 18th century populations
- Buildings, structures and other features of the battlefield
- Natural and cultural landscapes of the battlefield

All of which have the potential to add to our knowledge of the site and battle as well relevant regional,
thematic and temporal investigations.

Accordingly, it can be concluded that the management of the values of the historic environment related to
the Culloden Battlefield needs to consider the following key issues:

- The physical remains associated with the battle (e.g. buildings, archaeological/human remains,
artifacts, memorials, important natural features etc.).
- The areas of historical association which may or may not have physical remains associated (i.e.
areas of events with intangible/associative values) – e.g. areas of battle, routes, gathering places,
aftermath places.
- The setting, landscape character and curtilage of the physical remains and areas of historical
association.

2
History of Culloden House. Unpublished brochure, Culloden House.
 4. CURRENT STATUTORY LISTINGS AND MANAGEMENT INSTRUMENTS:

The following table summarises the current statutory and non-statutory mechanisms in-place for the protection/management of the historic heritage values of the
Culloden Battlefield and some brief commentary on their perceived shortcomings (further articulated throughout this document):

Mechanism & applicable area/item Overarching Administered by Effect Issue at present

legislation/policy
Listed buildings
Planning (Listed Buildings
Battlefield -
and Conservations Areas)
- Memorial Cairn (Category A) Any development of the
(Scotland) Act 1997
- Kings Stable Cottage (Category B) buildings must have listed
- Historic Scotland
- Old Leanach Farmhouse (Cat B). building consent from Highland
Guidance Notes
Council. Any development This mechanism appears to be the best
Highland Council, in
Culloden House – nearby which may impact upon available, and sufficient for, managing the
Town and Country Planning conjunction with Historic
- House (Category A) the setting of the listed building historic heritage values of these buildings.
(Scotland) Act 1997. Scotland for Category A
- Stables and Yard Wall (Category is most likely to need planning
- Scottish Historic buildings.
A). permission. See yellow, purple
Environment
- Walled Garden (Category B) and blue dots on Figure 4.1.
Policy.
- Dovecot (Category B)
- Planning Advice
Notes
Conservation Areas Inclusion in a Conservation Area This area is considered to not encompass an
- Highland-wide
- An area encompassing the core results in the removal of certain area sufficient for managing the wider
Development Plan
of the battlefield (largely NTS permitted development rights landscape setting and curtilage of the
- Highland Historic
land, plus some forestry land and per the provisions of the Town battlefield.
Environment Highland Council.
pasture) and Country Planning (General
Strategy (Interim
- An area encompassing Culloden Permitted Development) This area is considerably smaller than the
Supplementary
House and Academy. (Scotland) Amendment Order Historic Battlefield designation.
Planning Guidance)
2011. Further revocation of
specific development rights not
covered by that order may, if
necessary, be achieved by way
of Article 4 Directions of the
Town and Country Planning
(Scotland) Act 1997. By these
mechanisms, any development
within the conservation area
must be approved by Highland
Council.
Possible impact upon a
conservation area is a Material
Consideration in the
assessment of any development
proposal in proximity to that
conservation area.
See green lines on Figure 4.1.
The area covers a large part of NTS land,
which is being effectively managed by the
NTS therefore arguably a large portion in
effect is not necessary.
Nonetheless, the conservation area does
include a portion of forestry area and
privately owned farmland which allows
statutory input into any use/development of
that land.
Note that development outside the
conservation area may be assessed for impact
upon the conservation area itself, i.e. the
impact upon the conservation area being a
Material Consideration in the assessment of
the development proposal, however it is
considered more equitable and transparent
to have some form of area definition which is
of interest when protecting the landscape
and setting values of the battlefield.
There are no specific statutory
Supplementary Guidance notes for these
conservation areas, which rely on the general
provisions of the Highland-wide Development
Plan, the Highland Historic Environment
Strategy (Supplementary Planning Guidance),
and the broad principles of PAN71
Conservation Area Management Planning
Advice Note. The need for Supplementary
Guidance has been identified in the

Scheduled Ancient Monuments
Graves of the clans.
Note that there are several other SAM’s
in the vicinity (not necessarily related to
the battlefield), including the Clava
Cairns.
Designed Landscape
Culloden House, walled garden etc. (not
applicable to the battlefield).
3
Historic Scotland provides guidance at http://www.historic-scotland.gov.uk/index/heritage/gardens.htm
Ancient Monuments and
Archaeological Areas Act
1979
A non-statutory designation
3 by Highland Council in
by Historic Scotland.
Any development which may
impact a Scheduled Ancient
Historic Scotland
Monument must have the
approval of Historic Scotland.
See solid red dots on Figure 4.1.
A non-statutory designation
however is a Material
Consideration in the
assessment of development
proposals.
Designated by Historic
Scotland, administered
Any development within the
Designed Landscape or nearby
consultation with
development which will have
Historic Scotland.
impact upon the Designed
Landscape must be approved
by Highland Council.
See hatched area on Figure 4.1.
(Proposed) Inner Moray Firth Local
Development Plan.
This mechanism appears to be the best
available, and sufficient for, managing the
values of the Scheduled Ancient Monuments.
In order to achieve statutory weight, a
designated Designed Landscape requires
Supplementary Guidance pursuant the (Local)
Development Plan.
Note that the management of this designed
landscape is encompassed within the Listed
Building consent process and Culloden House
conservation area, therefore assessing
management effectiveness of the Designed
Landscape is not considered necessary within
the scope of the current document.

Historic Battlefield
Includes a wide area around the
battlefield, forestry areas and a separate
area around Culloden House and
Academy.
Archaeological sites
A large number of archaeological sites
have been identified, both within the
Conservation Area/Battlefield designation
as well as outside those areas. These are
4
Historic Scotland’s Managing Change in the Historic Environment – Historical Battlefields Interim Guidance (March 2011) provides some management guidance:
http://www.historic-scotland.gov.uk/index/heritage/policy/managingchange.htm
5
Highland Council’s Standards for Archaeological Work provides guidance. http://www.highland.gov.uk/yourenvironment/conservation/archaeology/developmentguidance.htm
A non-statutory designation
by Historic Scotland
4 Historic Battlefield or nearby
(designated in 2011).
A non-statutory designation
5 Highland Council
by Highland Council.
A non-statutory designation
however impact upon a Historic
Battlefield is a Material
Consideration in the
assessment of development
proposals.
Designated by Historic
Scotland, administered
Any development within the
by Highland Council in
consultation with
development which will have
Historic Scotland.
impact upon the Historic
Battlefield must be approved
by Highland Council.
See red shaded area on Figure
4.1.
A non-statutory designation
however impact upon an
archaeological site is a Material
Consideration in the
assessment of development
proposals.
In order to achieve statutory weight, a
designated Historic Battlefield requires
Supplementary Guidance pursuant the (Local)
Development Plan.
The boundaries of the Historic Battlefield are
considered problematic to administer. Whilst
they are based on rigorous historical research
designed to encompass sites of actual events
such as the battle, as well as troop
movements, associated topography and
related sites, they appear to have given no
consideration to effective curtilage, landscape
values etc. of the site(s). The boundaries are
also administratively difficult as they (in some
cases) do not follow natural features or title
boundaries, therefore are difficult to define
on-ground and problematic to administer in
statutory processes.
Whilst archaeological sites within a
Conservation Area have statutory standing,
others are a Material Consideration in the
assessment of development proposals (unless
given statutory weight by scheduling as an
Ancient Monument or by Supplementary
recorded on Councils GIS and HER
systems.
Culloden Management Plan 1993
Guidance notes).
Sets management objectives for
all aspects of the place, for
implementation by the NTS.
This includes a focus on the
management of historic
environment values within As a 20 year old plan, this could be
A non-statutory
wider land management, considered outdated. Although the
management plan
NTS (and associated business, tourism and conservation principles are still considered
developed by the owner of
stakeholders/partners). education initiatives. sound and relevant, a review of the
much of the site – the
mechanisms to achieve outcomes may be
National Trust for Scotland.
Applies to NTS owned land only required.
(see Figure 2.2), although does
set policy for future land
acquisition and/or conservation
agreements in the vicinity.
Figure 4.1 – All applicable statutory heritage listings - Culloden Battlefields area as included in Historic Scotland’s Battlefields Inventory (red) with the Highland Conservation Areas (green outline),
Designed Landscape Area (hatched), Scheduled Ancient Monuments (darker red spots) and Listed Buildings (Cat A yellow spots, Cat B – purple spots, Cat C – blue spots).
 5. DESIRED HISTORIC ENVIRONMENT OUTCOMES

By inference from the table of statutory protection mechanisms in Section 4, particularly in the identified
shortfalls the following are general desired outcomes for the historic environment of the Culloden Battlefield
and associated sites/landscape and possible mechanisms to achieve such (further details in the options
discussion in Section 7).

Listed Buildings: As per Section 4, there are a number of Listed Buildings within, and associated with, the
Culloden Battlefield. This mechanism is considered sufficient to ensure effective scrutiny of development
proposal that may affect those buildings, therefore should remain in-force indefinitely. If any additional
buildings are identified in the future that may reach the threshold for listing, then these should be assessed
and listed on a needs-basis and on their merit.

It is considered that in the short-term at least, sufficient protection is afforded to

important historic buildings associated with the battlefield (and in the vicinity) by means
of Listed Building Status and no additional outcomes are desired.

Highland Council Conservation Areas: As per Figure 4.1, it is apparent that the conservation areas do not
accord with the area defined on the Battlefields Inventory (considerably smaller), which highlights a disparity
in what respective agencies believe to be an area sufficient to encompass the values of the place. Whilst
these areas technically do not have to accord, there remains the question as to whether the conservation
areas are large enough to protect the area considered important by the Battlefields Inventory designation.
Correlation of those areas may be an administrative advantage. Given the potentially international
importance of the place as mentioned in Section 3, it is critical that the wider setting and landscape value of
the battlefield is managed effectively. Inappropriate development within the important setting of the place
has the potential to impact upon the values of the place.

It is considered desirable that a wider area surrounding (and including) the battlefield is
required to effectively manage landscape and setting issues. Whether this is achieved by a
Conservation Area or other mechanism will be discussed in Section 7 and is a key
consideration of this document.
Scheduled Ancient Monuments: The Culloden Battlefields memorial Cairn is the only Scheduled Ancient
Monument within the current Conservation Area and Battlefield Inventory designation. The nearby Clava
Cairns and Standing Stone and Culchunaig Cairn are also Scheduled Ancient Monuments. This mechanism is
considered sufficient for the protection of those monuments therefore should remain in-force indefinitely.
Whilst there are a large number of other known archaeological (and other historic) sites both within and
around the current Conservation Areas and Battlefield Inventory designation, these are not Scheduled
Ancient Monuments (except those mentioned above). Whilst it is possible to consider any impact of
adjacent/nearby development upon Scheduled Ancient Monuments, it may be useful to have a defined area
as a statutory trigger surrounding these monuments where impact can be assessed (rather than a somewhat
more ad-hoc trigger which is currently in-place by virtue of proximity) and ideally Statutory Guidance for
assessing such impact.

It is considered that the current Scheduled Ancient Monuments should remain as such and
that a future project may wish to assess other known archaeological sites for scheduling.
There may be some benefit from defining an area around Scheduled Ancient Monuments
(e.g. a conservation area) to further protect their setting.

Historic Scotland Designed Landscape Designation: The Designed Landscape designated around Culloden
House is considered sufficient to encompass the values immediately associated with that landscape. Further
protection is afforded through consideration of landscape values which would be required in any
development assessment associated with the house, stables or walled garden and any development within
the current Conservation Area around the house and walled garden.

It is considered that the Designed Landscape Designation around Culloden House is

sufficient (in conjunction with other mechanisms) to manage historic environment values.
Even if the designation of the Conservation Area is removed, the withstanding Listed
Building status would still be sufficient to manage those values therefore no additional
outcomes are desired.

Historic Scotland Historic Battlefield Designation: Whilst the (recent) Historic Battlefield Inventory
Designation by Historic Scotland is welcomed and it appears to based on comprehensive and rigorous
research, there are concerns that it is based primarily on historical movements/events, physical remains,
associated sites and relevant topography and has not considered setting, views and curtilage of the wider
place, accordingly may not provide sufficient justification to manage those wider values in the development
process.

It is considered desirable that a wider area surrounding (and including) the battlefield is
required to effectively manage landscape and setting issues. Whether this is achieved by
seeking that Historic Scotland extend that area, or by other mechanism will be discussed in
Section 7.

The exact boundaries of any designated area should be defined in a logical manner which
follows either 1) identifiable land features, or 2) property boundaries, for administrative
ease.

Regardless of the area defined by the Battlefields Inventory designation, it is desirable that
Supplementary Guidance be developed to give this designation a stronger statutory
standing.

Unscheduled archaeological sites: As mentioned in Section 4, there are a large number of unscheduled
archaeological sites both within and around the existing Heritage Area and Battlefield Inventory designation
– those outside of the designations have no statutory protection (as opposed to recognition and being a
Material Consideration in the appraisal of proposed developments). Better protection of these sites by
statutory means (whether or not they are associated with the Culloden Battlefield) is desirable.

It is considered desirable that statutory protection be afforded to unscheduled

archaeological sites in the area, whether or not associated with the Culloden Battlefield.

Management of the site: Apart from the statutory management of historic environment values, this is the
responsibility of the NTS, therefore not part of the scope of this document, however Highland Council should
work proactively with the NTS in the statutory management of the historic environment values of the place.

Given the above discussion, the following issues are to be considered in the remainder of this document:

- Whether the Historic Scotland Battlefield Designation should be extended (or reviewed for more
effective administration).
- Whether the conservation area designation should be extended, or removed in favour of another
mechanism which would encompass wider setting, curtilage and landscape issues.
- How unscheduled archaeological sites may be more tightly managed through a statutory process.
 6. ISSUES ARISING

With Section 5 distilling the key desired outcomes of any review of the statutory provisions relevant to the
management of the historic environment of Culloden Battlefield, the following issues which require
consideration in the formulation of appropriate mechanisms and area designations have been identified.

DEFINING THE VALUE AREA

Regardless of the mechanism chosen to manage the values of the battlefield, the first question is how to
define the area(s) of value. The key principles which are to be considered in the designation of a proposed
boundary are (correlating with the aspects of the significance of the site as summarised at the end of Section
3):

- To impose the most comprehensive possible protection on the core battlefield site area – i.e. the
area where troop camps, engagement and aftermath are known to have occurred (which are also
likely to be the areas of highest archaeological potential).

- To identify and protect areas with associative values where there are unlikely to be physical remains
associated with the battle – e.g. areas of troop movements, aftermath sites etc.

Note – The above areas may be part of the one administrative designation, however
have different provisions within supplementary guidance to achieve desired
outcomes.

- To identify a zone where no physical remains associated with the battle are known (or likely) , and
where battle-related events may not have taken place – however the open space, spatial
relationships, views, landscape values and/or curtilage are of importance to the values of the core
Historic Battlefield.

Note – This area may be included in the statutory designation area, or rely on the
provisions of proximity in order to achieve desired outcomes.
 - To identify related sites/places, which have importance in understanding the battle, but not
necessarily connected to the core site or within the buffer zone (e.g. Culloden House) and to ensure
that these have adequate statutory protection.

In addition to the above, the following pragmatic principles will be considered here:

- The ability of sites, places, areas to demonstrate the key historic themes or historic heritage
significance and their integrity (whether current or possible future) and how that effects that ability.

- Land tenure and the consequences for future management – whilst noting that the predominant
consideration here is protection of the historic environment, there may be other factors that require
consideration for a pragmatic assessment of proposed boundaries.

- Whether purely conservation zoning/designation is the most effective tool for managing values –
e.g. are provisions relating to general open space, rural land/landscape management etc. likely to be
effective in achieving desired historic environment outcomes?

INTANGIBILITY OF SOME KEY VALUES

As detailed at the end of Section 3, whilst part of the historic heritage values of the Culloden battlefields are
embodied in the buildings, artifacts, memorials and other physical remains of the place, a large part of the
significance of the place is in intangible values – namely association with people and events which leave no
physical trace on the site or in the landscape. Despite this intangibility, these are important values which
need to be managed just as the physical remains do.

The landscape itself, wider setting and association with other places is also of significance when portraying
the setting of the events of the battle – however may or may not bear physical remains associated with the
battle.

It is often difficult from a statutory management perspective when a physical boundary for intangible (i.e.
non-physical) values must be defined. It is also similarly difficult to determine what types of development
will diminish intangible, setting and landscape values – for instance if a place is developed does it diminish
associative values, or merely our ability to discern that association? If land use changes, it doesn’t change
what historically happened on that place – so are values withstanding?

These questions are examples of the difficulties faced when attempting to determine appropriate
mechanisms to manage intangible values within a system which relies strongly on fabric and tangibility. Any
end-product Supplementary Guidance will need to carefully consider such issues and formulate appropriate
responses to manage such values.

LANDSCAPE CHARACTERISATION AND DEFINITION OF VISUAL CATCHMENT AREAS

Under Scottish Planning Policy (Clause 112), development plans are to provide the framework for the
protection, conservation and enhancement of all elements of the historic environment to allow the
assessment of the impact of proposed development on the historic environment and its setting. Setting is
more than the immediate surroundings of a site or building, and may be related to the function or use of a
place, or how it was intended to fit into the landscape or townscape, the view from it or how it is seen from
around, or areas that are important to the protection of the place, site or building. It is therefore essential
to consider the landscape setting of the Culloden Battlefield, identify its significance, the physical extent that
contributes to that significance and to utilise appropriate instruments to protect that significance.

Despite the fact that development has encroached into the area, when standing in the core area of the
battlefield (e.g. near the graves of the Clans), very few buildings can be seen in any viewfield – promoting a
sense of isolation and sparse development consistent with that of the time of the battle. This is a very
important interpretive tool in presenting an appreciation of the site and surrounds. The hills to the south
(although some have forestry operations) probably look largely as they did in 1746. The view to the east has
been disturbed by the construction of the visitor centre, however this blocks the development further in that
direction, therefore on-balance is a neutral element. Forestry operations block views of development to the
north (as well as what would have been the traditional view to Culloden House and the Firth) and vegetation
blocks views to the west.

In order to define a ‘desired future character statement’ for the Culloden Historic Battlefield and indeed
before a mechanism to achieve that character can be concluded, the following questions need to be
addressed (consistent with Scottish Planning Policy Planning Advisory Note 71 – Conservation Area
Management and Annex 3 of the Scottish Historic Environment Policy):

1. What was the historic character of the landscape (i.e. contemporary with the battle)?
 2. Is it possible, or even desirable, to restore such landscape character?
3. Is maintenance of existing character sufficient for the provision of a suitable setting for the
battlefield?

Leading from those questions, is a fourth question – that of the extent of that desired character, which is a
very difficult consideration in this case, given the wide and open topography of the wider place. If it is not
desirable to see any development from the core area of the place, then a massive area to ridge of the
southern hills (as one example) may need to be managed (although there may be areas where topography
permanently screens development from the place, therefore development control may not be required to
achieve desired outcomes). The plantations to the north and west provide a near edge to the visual
catchment and screen (possible) intrusive development in those directions, however the inevitable harvest
of those plantations will provide a completely different context to those viewfields (which may be beneficial
or detrimental to the setting of the place). Despite the land appearing generally flat, there are undulations
across the wider site that make discerning visual impact of any development difficult – particularly with
current vegetation cover.

This document will attempt to propose a methodology for determining an appropriate setting and visual
catchment area for the core area of the battlefield, loosely defined as the main visitor area on NTS land (as
well as other key historic sites in the vicinity (e.g. the Clava Cairns).

DEVELOPMENT PRESSURE

The area is on the fringe of Inverness which is a rapidly growing city. Land values in recent years have
escalated substantially making this area a very desirable residential area. The Culloden area is included as a
‘Growth’ area in the (Proposed) Inner Moray Firth Local Development Plan (September 2013) (see Clauses
4.15-6 – although noting that the main growth node of The Culloden area is distant to the battlefield). It is
known that there is land within the Historic Scotland Battlefields Inventory area which is earmarked for
development in the near future; therefore the threat of impact upon the site is imminent. Any amendments
to existing Conservation Areas or Battlefield Inventory Designation, and any new Conservation Areas will
require public consultation which may cause objection, media and political pressure.
FORESTRY OPERATIONS

As per Figure 2.2, there are both nearby and distant forestry operations which have relevance to the setting
of the Culloden Battlefield. For instance, the tract of plantation immediately to the north of the battlefield
(and still within the Conservation Area) is likely to reach harvest potential in the near future. Examples of
issues arising from such are:

- The need to manage harvesting operations to avoid damage to archaeological remains and any
previously unidentified cultural features (achievable in this instance through Conservation Area
provisions and any future Supplementary Guidance).
- Whilst removal of the trees would restore the relationship between the battlefield site and the
Culloden Park portion of the site (important historical linkage), tree removal would potentially allow
views to existing incompatible development to the north which is currently screened. Although the
trees do close in the site to a certain degree and inhibit linkages to related sites, they contribute to
the feeling of a somewhat ‘natural’ landscape by screening development.

Issues such as maintaining forest buffers, replanting, framing/screening and non-replanting are matters
which will need to be considered in any provisions or Supplementary Guidance arising from the current
review and in consultation with Forestry Commission Scotland and other relevant stakeholders.
 7. OPTIONS
The following options are proposed as possible instruments and mechanisms for managing the historic heritage values of the Culloden Battlefields and associated
sites/curtilage. These are presented here in no particular order and have a brief assessment of advantages/disadvantages/issues to inform the recommendations
presented in Section 8.
Option
Status-quo (i.e. leave
designations as-existing.
Remove existing
Conservation Areas and rely
on the Battlefield
Designation (and individual
Building/Monument &
Landscape listings) to
protect values.
Protection of particular value
Advantage Disadvantage Notes
Physical remains Historical sites Setting/views
Threatens key values If either of these options were
The current Conservation Area does provide
associated with the taken, there would need to be very
adequate statutory protection for physical remains
battlefield. Does not meet thorough Supplementary Guidance
and the Historic Battlefield provides some non- Easy. Involves no action
expectation or review of developed pursuant to Local
statutory protection for wider sites of historical and no potential for
the designations, Plans/Highland Historic
importance – although may not include a landowner objection.
Current designations do particularly in-light of the Environment Strategy - noting that
comprehensive set of ‘triggers’ for consideration of
not provide adequate recent Historic Battlefield the Culloden House portion of the
these values in the development process.
recognition or protection designation. Historic Battlefield is in the Inner
Whilst the Historic of setting/views etc. (with Would result in a loss of Moray Firth Local Development
Battlefield designation the exception of the Removes one layer of statutory grip on managing Plan Area (currently drafted) and
does include all/most Culloden House Designed administration (particularly the values of the Historic the core Historic Battlefield is in
Would still afford
important historical Landscape area in in the case of Culloden Battlefield, unless thorough the Badenoch/Strathspey/Nairn
adequate statutory
places (without conjunction with Listed House where the Supplementary Guidance is plan area (forthcoming). It may be
protection to the obvious
necessarily having Building status. Conservation Area appears provided for the Historic difficult to administer both these
physical remains
physical values) the to provide no greater Battlefield designation. areas concurrently, therefore they
associated with the
designation of a protection given Listed Still would not adequately may need to be approached
battlefield.
Conservation Area adds Building and Designed encompass wider separately in their respective local
statutory weight to that Landscape status). setting/landscape values plans with references to each other
designation. and key views. underpinning their connection.
 Would still fail to
encompass protection of
Administratively neater to
setting/views etc.
As per above with the added advantage that the As per above, this still have corresponding areas.
Expand Conservation
expansion of the Conservation Area(s) would add would provide
Area(s) to match the Boundaries of the Historic
statutory weight to the Historic Battlefield inadequate protection of Would add statutory
Battlefield Designation. Battlefield are (in some
designation. setting/views etc. weight to the current
cases) administratively
Historic Battlefield.
awkward.

It is not considered that the

wider landscape would
meet the Criteria for
inclusion in a Historic
Battlefield designation – as
Seek that Historic Scotland per Annex 6 of the Scottish
expand the Historic Historic Environment Policy
Would provide comprehensive protection (in conjunction with the Historic
Battlefield designation to which sets out the criteria
Battlefield) of all physical, historical and wider setting/view values. Detailed
an area which encompasses for the designation of
Supplementary Guidance would be required to be incorporated into Local
wider setting and landscape Historic Battlefields.
Development Plan(s) to give this statutory weight.
values. Despite the importance of
setting, the Criteria is more
concerned with physical
remains, places of historic
events and landscape which
is directly associated with
battle events/tactics (see
note).
 The area would need to be
carefully defined to only include
wider landscape areas which are of
This area may need to be
critical importance. This may be
very wide, in particular if
achieved through a ‘Zone of
distant hillsides are to be
Theoretical Visibility’ exercise upon
included. May involve a
which a zoning plan may be
large number of property
formulated.
Adequate protection of owners and forestry areas
Expand Conservation area Would provide comprehensive protection (in conjunction with the Historic
values. Ideally, this area which may raise objection.
to a much wider area which Battlefield) of all physical, historical and wider setting/view values. Detailed Whilst wider setting can be taken
should incorporate other
encompasses setting and Supplementary Guidance would be required to be incorporated into Local into consideration for the impact of
important sites in the area, It is dubious whether
views. Development Plan(s). any development on a nearby
including the Clava Cairns. distant areas that
Conservation Area, it is pragmatic
contribute to setting
and equitable to have some form
(rather than having their
of definition on the area which may
own actual values) can be
have impact upon the Conservation
included in a Conservation
Area – even if this area is not
Area (by definition).
actually included in the
Conservation Area.

Would still not

Archaeological sites related to the battlefield are comprehensively provide
considered to have adequate protection via the It is dubious whether an protection for wider
Would afford added
Utilise an ‘Archaeological current Conservation Area (particularly if this is Archaeological Protection setting/views etc. Unless
protection to
Heritage Area’ (and expanded), and to a lesser degree by virtue of the area is suitable for there are actually physical
archaeological sites
Supplementary Guidance) Historic Battlefield designation. . Some non- protecting wider remains in those areas,
associated with the
to encompass wider values battlefield archaeological sites in the area are landscape and setting then it is dubious whether
battlefield (and other sites).
recognised but do not have adequate statutory values. they could be assigned as
protection currently. part of the Archaeological
Heritage Area.
 It is unlikely that a case
could be made for any
Whilst the landscape area
special values of the
around the battlefield is
surrounding landscape in
important to its setting, it
its own right, therefore
could not be considered
this approach is likely to fail
The current Conservation Area does provide to be significant natural
Use of non-historic in attempting to use such
adequate statutory protection for physical remains landscape, important
environment based Could preserve setting of designation to afford
and the Historic Battlefield provides some non- rural land or to hold any
planning mechanisms to the battlefields without protection to proximal
statutory protection for wider sites of historical great importance in its
achieve wider protection necessarily imposing historic environment
importance – although may not include a own right, therefore
(with retention of existing historic environment values. Designation of a
comprehensive set of ‘triggers’ for consideration of provisions which rely on
listings/designation). For provisions, which may be green belt to prevent
these values in the development process. designation of such may
example natural landscape more palatable to property development for
Development of Supplementary Guidance and not be applicable, nor
provisions, green belt owners. conservation purposes is
incorporation into Local Plan(s)/Highland Historic afford the degree of
designation etc. inconsistent with Scottish
Environment Strategy would address this issue. development
Planning Policy (159-60)
scrutiny/protection that
which aims to use green
is desired for (proximal)
belts to direct development
historic environment
(e.g. for settlement
outcomes.
strategies) rather than
prevent it.
The highest level of A very comprehensive and
Would allow the protection possible for the strong case would need to
Would provide the highest level of protection for the definition of a ‘Buffer values of the place. be made to reach the
key values of the site, including physical remains, Zone’ which would threshold for inscription on
UNESCO World Heritage Further notes on this option are
historical associations and current thoroughly encompass all Allows a clearly defined the World Heritage List.
nomination provided below.
listings/designations would still stand as an added wider setting and ‘buffer zone’ and provisions
layer of protection. landscape values as well for such around the area This is likely to be a costly
as key views. considered to be important exercise, both up-front and
to the setting of the World in the long-term
Heritage Area. administration.

May open considerable

opportunity for economic
development through
heightened status of the
site – funding
opportunities, tourism etc.
Notes on the possibility of a UNESCO World Heritage Nomination

Further to Clauses 121-121 of Scottish Planning Policy, the identification and protection of World Heritage
sites is to be undertaken. Council may wish to take the lead on the preparation of the Culloden Battlefields
to the UNESCO World Heritage list.

Whilst there are 39 battlefields on Historic Scotland’s inventory, the Culloden battle is potentially the only
one which could be seen to have consequences of international importance as the final chapter in the
Scottish Monarchy, i.e. the final blow to the Stuart family and the last battle on British soil. The conquering
of the Jacobites allowed England to concentrate on colonial expansion elsewhere - the events of Culloden
were a major event influencing England’s imperial conquests in the New World – which shaped England’s
trajectory into Canada and Australia (and elsewhere), therefore a pivotal moment in international expansion
of geopolitical spheres of influence - colonialism and the expansion of the British Empire – an event which
has acted to fundamentally shape the histories of several nations.

With further detailed research into the site, factors leading to the battle, consequential events and
comparative analysis (thematic, temporal and geographic) allowing a detailed articulation against the
Criteria for inscription upon the World Heritage list, the place may have the potential to reach the thresholds
for inclusion on the list. This is supported by the physical integrity of the site – having demonstrated
archaeological remains, the site being largely undisturbed by development and within a reasonably intact
setting – all of which are critical in preserving and communicating its values.

The site fits the site typology identified by UNESCO as being a gap in the current World Heritage List (in
particular fitting the categories of military, archaeological and symbolic sites).6 As an analogy, there has
been consideration by the Turkish Government (supported by the Australian Government) to have the
Gallipoli Peninsula (of ANZAC association) inscribed onto the list, and the Kokoda Trail (Papua New Guinea) is
currently on the tentative list7 - therefore the notion of battlefields which have acted to shape the history
and identity of nations (and empires) is plausible.

Planning authorities should protect World Heritage Sites and their settings from inappropriate development,
including relevant policies in the development plan and setting out the factors that will be taken into
account when deciding applications for development proposals which may impact on a world heritage site.
The immediate setting of a World Heritage Site, important views, and other areas which are important to the
site and its protection, should be protected from inappropriate development (buffer zones may be defined).
The setting of a World Heritage Site is the area around it in which change or development may have an

6
http://whc.unesco.org/en/activities/643/
7
http://whc.unesco.org/en/tentativelists/5061/
adverse impact on the World Heritage Site – input into development proposals over a wider area may allow
a firmer statutory approach to wider landscape values.

A working party and reference group encompassing major stakeholders and experts, with National
representation (e.g. including representatives of respective UK Departments of Culture etc.), would need to
be established to prepare a nomination as per UNESCO’s Preparing World Heritage Nominations – Second
Edition 2011. If the nomination is to proceed then the place would need to be added to the United
Kingdom’s Tentative nomination list alongside other UK places proposed for Inscription.8 This would require
a very thorough analysis of the history of the battle within a global context, a detailed comparative analysis
of thematically similar sites globally, a rigorous assessment of its values against the Criteria for Inscription on
the World Heritage List etc. Longer term management issues of a World Heritage site would also need to be
considered up front.

If the site were to be inscribed onto the World Heritage list, a World heritage site management plans would
need to be prepared (in conjunction with stakeholders) and referenced in Council’s development plan as
supplementary guidance. It is envisaged that this process would take a number of years and be very costly –
however the flow-on benefits from inscription on the World Heritage List (e.g. tourism, heightened heritage
profile to the area, funding opportunities etc.) would be immeasurable.

8
For the current Tentative nomination list for the United Kingdom, see: The United Kingdom’s World Heritage – A Review of the
Tentative List of the United Kingdom of Great Britain and Northern Ireland. Independent Expert Panel Report for the Department of
Media, Culture and Sport, March 2011.
 8. RECOMMENDATIONS

This discussion paper has sought to assess the historic environment protection mechanisms currently in-
place for the Culloden Battlefield and associated/proximal sites and to elaborate on the perceived
issues/ineffectiveness of these mechanisms.

The significance of the place is indisputable and extends to a threshold well above National significance. A
series of desired historic environment management outcomes have been identified and options with current
(or prospective) management mechanisms have been scoped.

It is recommended that the course of action as outlined in the shaded cells of the Table in Section 7 be
pursued, namely the expansion (replacement) of the current Conservation Area and development of
Statutory Guidelines for that area, as well as the designation of a proximal area of important setting to which
the Statutory Guidelines can also apply. This would involve the following next steps (recommendations):

1. That the existing listings affecting Culloden House remain in-place and un-amended (i.e. the
Designed Landscape designation, Conservation Area, Listed Buildings and Battlefield Zone).
a. Supplementary Guidance may be developed in the future, however this is not considered to
be a high priority at present.

Reason for recommendation: Current provisions for protection the values of

Culloden House and Academy and the Designed Landscape are considered sufficient.

2. That the Conservation Area around the Culloden Battlefield be replaced (effectively extended)
with an area as defined in Attachment A to encompass an area which includes a wider curtilage for
the battlefield and include proximal sites of historic significance (e.g. the Clava Cairns and other
archaeological sites). This should be branded as Culloden Battlefield & Clava Cairns Conservation
Area (or similar).

Reason for recommendation: The current provisions do not provide sufficient

protection for the wider Historic Battlefield and desired curtilage, views, setting etc.
There are a number of sites which are in proximity to the battlefield (though not
 necessarily historically associated) which would benefit from protection of a wider
setting.

3. That a detailed Conservation Area Appraisal (consistent with Scottish Planning Policy Planning
Advisory Note 71) be undertaken for the battlefield, including aspects of setting, wider landscape
and viewfields/visual catchment. This may also be done within the context of other battlefield
sites in the Highlands and wider Scotland. This is likely to require a detailed zone of theoretical
visibility study to be undertaken which would consider visibility of proximal and distant
development from key areas within the battlefield, e.g. areas where development will not visible
from the Battlefield, therefore may have no impact upon setting.

Reason for recommendation: The current provisions do not provide sufficient

protection for the wider Historic Battlefield and required curtilage, views, setting
etc. and there is currently an insufficient definition of the current/desired character
of the Conservation Area (or any wider area).

4. That supplementary guidance for the designated Conservation Area be developed which
(broadly):
a. Designates where there is a presumption against any development – i.e. areas where any
development would have an unreasonable impact upon the values of the Battlefield, Clava
Cairns or other sites within the conservation zone (whether that is physical impact, impact
upon areas of historical importance, or impact upon key views, setting etc.). This
presumption may exclude development of existing buildings or in nodes of existing
development. This area may correlate with the Historic Battlefield designation.
b. Designates areas particular development may have an unreasonable impact upon the
setting and landscape value of the battlefield (and other sites) and conversely where
development may occur which will have no impact upon those values (as determined by
zones of theoretical visibility) and is outside the Historic Battlefield designation (i.e. not in
areas of physical remains, archaeological potential or historical importance) and provides
broad design parameters (e.g. bulk and form) for such development.
c. Proposes management strategies for forestry practices, which protects archaeological
remains (known and potential), areas of historical importance and considers visual impacts
 (e.g. opening of areas - connectedness, or conversely utilisation of forestry as buffers in the
landscape).
d. Designates a wider landscape protection and visual catchment area (as informed by the
zone of theoretical visibility exercise, which defines where development may have an impact
upon the conservation area itself and provides guidance for the assessment of
development proposals in that wider landscape protection and visual catchment area (e.g. a
‘Performance Criteria/Acceptable Solutions’ type system).

Considers will be given as to whether the provisions of the General Permitted Development
Order (2011) is sufficient to cover all cases of possible inappropriate development or whether
specific Article 4 Directions are required for the Conservation Area. Article 4 Directions may
need to be used to strengthen any/all these provisions if necessary through reduction/removal
of certain permitted development rights and provide triggers for assessment.

Reason for recommendation: To discourage development within the Historic

Battlefield and to recognise that some development may still occur within the
Conservation Zone, however this needs to:

 Prevent development that may have a physical impact upon the values of
the place.
 Retain the small-scale rural and natural character of the wider area, as it was
during the battle.
 Preclude development which is visible from the core of the battlefield in
order to maintain a sense of isolation and a largely undeveloped landscape.
 Allow input into the management of forestry operations as a tool for
maintaining a ‘natural’ appearance of the landscape (buffers etc.).

5. That in consultation with key stakeholders, a nomination to UNESCO for World Heritage Status is
prepared in accordance with UNESCO’s Preparing World Heritage Nominations – Second Edition
2011.

Reason for recommendation: To explore the notion that the place may reach the
threshold for Inscription on the World Heritage List and, if proven necessary, to
ensure that the highest-order protection is afforded for the values of the Culloden
Battlefield and environs.
ATTACHMENT A – PROPOSED DESIGNATION/LISTING BOUNDARIES
Figure A1 – Proposed conservation area boundary (approximate). Note that this is likely to be reduced subject to the findings of the Zone of Theoretical Visibility exercise. To be read in
conjunction with Figure 4.1 which shows existing historic environment designations/listings.
Figure A2 – Proposed conservation area boundary (approximate) and area where visual catchment and landscape management may be required to preserve the setting of Culloden
Battlefield (and other key sites) (green shading). The areas shaded orange are also likely to require some landscape management provisions, however until such time as the Zone of
Theoretical Visibility exercise is completed, this is unclear.