The role of the developer
By making the historic environment a material consideration within the planning process, the National Planning Policy Framework places the responsibility for ensuring the appropriate treatment of heritage assets with the developer. This means that prospective developers must consider and mitigate the effects of their development scheme on the historic environment as regards the settings of any historic assets or the impact on underlying remains.
Recommendations to the developer
It is to the advantage of all parties for the planning process to be navigated to be as smoothly as possible. Where a development proposal directly or indirectly affects a heritage asset a balanced judgement will be made by the planning authority in regard to the scale of any harm or loss to the heritage asset and its significance. The planning authority will require developers to record and advance understanding of the significance of any heritage assets affected by a development proposal and to make this evidence publicly accessible, including any archive.
Developers are recommended to:
- seek pre-application discussions with the local planning authority
- be aware of the architectural, artistic, historical and archaeological interest of the development site, and to take account of the wider social, cultural, economic and environmental benefits of heritage conservation
- explore a range of alternatives for the buildings or site to be developed
- provides the local planning authority with clear, detailed proposals
- sets out a realistic timescale for the proposed development
- demonstrates that the guidance in government policy has been followed
- proposes an appropriate mitigation strategy for important heritage assets that could be destroyed if a consent is implemented
- is prepared to enter into any related legal agreements necessary to implement the proposals
- the archaeological advisor will aid the developer in the achievement of these aims wherever possible
- the developer's responsibility does not end until all fieldwork is completed, an appropriate report has been deposited with the HER, and the developer has deposited an appropriate archive
To achieve the above the developer may wish to engage a consultant who can provide informed advice on heritage matters (see Archaeological Contractors). The consultant will be able to produce specifications for necessary archaeological work, advise on the importance of heritage assets and potential mitigation strategies as well as liaise with the archaeological advisor.
Planning conditions
Where an archaeological planning condition is attached to a planning consent it is the responsibility of the developer/owner to ensure that all parts of the condition(s) are complied with. An archaeological condition will not be discharged until the planning authority is provided with suitable evidence demonstrating that the condition has been satisfied and following confirmation from the relevant archaeological advisor. Failure to comply with all conditions may be considered by the local planning authority to be a breach of consent. Please contact the relevant local planning authority for any advice on planning conditions.