Posted by Troll:
Quote:quote:the IFA cannot possibly police the industry and have no legal standing with which to do so. Curators on the other hand are a different case altogether.They have the mandate and responsibility ...
There is some truth in that, but it does over-state the curators' position.
If anyone has a mandate, it is the Local Planning Authority, who are required to take archaeological effects into account as one amongst many 'material factors' in making decisions in the planning system, and who are supposed to do this in line with guidance in PPG16.
The curators have more day-to-day influence than the IFA, because they work closely with the LPAs. However, they have no more actual legal standing than the IFA - they are simply advisors to the planning authority, who are not legally obliged to either seek or take their advice. They have no actual decision-making powers.
The sanctions open to the curators are very limited - they can advise the LPA to refuse planning permission (if it is a pre-determination case) or to refuse to discharge a planning condition (if it is post-determination). The LPA may or may not take their advice, and the curator would have to have a very strong case to take either of these paths.
Even the LPA's legal mandate extends only to the planning system - for projects outside the planning system, such as trunk roads or strategic pipelines, the LPA's role is purely advisory.
Curators do have two strengths not available to the IFA - they have a presence on the ground with the capacity (in theory) to monitor all the work in their area, and their remit extends to all units working in their area, not just to RAOs.
Rather than seeing them as alternatives, I see the IFA and curators as complementing and strengthening each other. The curators extend the reach of the IFA standards (if not the IFA itself) by making their use a requirement in briefs, even where the work is not done by an RAO or a member of the IFA. On the other hand, where the curator observes a transgression by an RAO, a report to the IFA (or even just the threat of one) provides an additional potential sanction that does not depend on the cooperation of a non-archaeological planning official.
I don't know how often that threat is used by curators. However, believe it or not, I have in the past successfully extracted post-ex funding from a reluctant client by warning him that I might be reported to the IFA by the curator for not reporting on fieldwork!
1man1desk
to let, fully furnished