hurting-back Wrote:The only legal protection an archaeological resource receives if it is not scheduled, is that which is granted through the planning process; that is, after a condition is placed on the development. Therefore I don't think that you could be prosecuted for digging up archaeology unless the activity you were digging it up for violated planning law (i.e. it turns out that the archaeological work was enabling work for a development that requires planning permission) in which case you aren't being prosecuted for destroying archaeology, but for thumbing your nose at the planning process.

I have not yet read the PPS statements in detail (it is on my task list for next week - and has been for many weeks!), it will be interesting to see if it materially changes any of this....

Quote:
The implications of this PPS5 statement are that the application would be treated as if the site was still there so an applicant who destroyed a site prior to applying for planning permission could end up with a refusal of permission on the grounds that any permission granted would be impossible to implement because it would be impossible to discharge the archaeological condition required for permission to be granted.