Contingencies
Introduction
This section outlines the responsibilities and the procedures to be followed in the event of unexpected discoveries being made during an historic environment project.
Background
Many of the procedures outlined in this document rely on the decisions made on currently available evidence. This evidence may be incomplete. Contingencies will be necessary to deal with unexpected discoveries, as it will not always be possible to absorb the extra work needed within the originally allocated resources.
The responsibility of the archaeological contractor
In all cases it is the responsibility of the archaeological contractor to inform all interested parties of any new or unexpected circumstances which arise during the project, whether or not the site is being monitored regularly. No decisions should be made as to an appropriate alteration to the project without the agreement of the planning archaeologist and the developer. This is particularly important when there are archaeological and, or financial implications.
Contingency
Both the planning archaeologist and the contractor should endeavour to identify any likely circumstances that might arise during the project that will result in costs over and above the expected cost of the project.These contingency costs should be quantified on the brief and, or the specification. It will be the responsibility of the planning archaeologist, on behalf of the local planning authority, to decide whether conditions on site allow for the use of a particular contingency but a contingency should only be implemented with the agreement of all interested parties. Final instructions should be made in writing to the developer on behalf of the local authority.
Discovery of remains during development
If, during the course of development, archaeological remains come to light for which no contingency has been made and which are not of national importance, then the planning archaeologist may wish to open discussions with the developer, on behalf of the local planning authority, to provide for the preservation or recording of those remains. The developer will not normally be under an obligation to provide further resources but will be expected to comply with all reasonable requests to ensure the recording or preservation of the remains.
An exception to the above will be where human remains are uncovered. In this case the developer will be responsible under the Burial Act (1857) for the excavation and removal of those remains.
Where remains are deemed by the Secretary of State, on the advice of Historic England, to be of national importance, in accordance with published criteria, then the Secretary of State has the power to legally protect the remains through the process of scheduling. In that event the developer would need to seek separate scheduled monument consent before continuing work. It is also open to the local planning authority (or the Secretary of State) to revoke planning permission if necessary. In this case the developer may be liable for compensation. In the majority of cases, however, it should prove possible for the parties to resolve their differences through voluntary discussion and for a satisfactory compromise to be reached.