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20th March 2010, 11:58 AM
http://groups.google.com/group/uk.legal/...245da4243a
Read it and weep
Quote:This is purely hypothetical.
I own a share in a small piece of land (about an acre) and we co-
owners are thinking of applying for planning permission. We've been
told that, if planning is permitted, we would be required to undertake
an archaeological survey.
As I understand it, and as things stand at the moment, there is no law
that says I cannot hire a digger and just dig the site up prior to the
application being submitted (or accepted). Would this be legal, and
would it obviate the requirement to carry out the archaeological
assessment? I _know_ it would be an act of inexcusable vandalism -
I'm merely interested in the legality.
Quote:AFAIK and this came up when talking to various builders and planning
people, the general opinion was that if you do find something, and the
archaeologists get to hear, they can shut you down for years while the
burrow and mutter.
My advice would be to diog a test trench right across the site, and if
nothing shows up, present that as evidence that there is nothing there,
and if something does, make a moral ethical and commercial decision as
to what the heck to do next.
ruined archaeology is not worth actually re-digging. I dont think its
illegal to wreck a site: Only to wreck it AFTER the archaeolgists have
got a court order..or something like that.
etc.... there are dozens of more outlandish replies... including my all time faves... I know a mate who.... fill in fictitious story ..... :face-confused:
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20th March 2010, 12:54 PM
My type of people
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20th March 2010, 03:34 PM
Dear God. There's a fair lot of ill-informed knee-jerkers all collected in one place. That guy Alasdair is a prime example. "Yeah, like society should have to pay if I want to disturb society's heritage with my private business development...er...yeah.."
(note to anyone jumping to argue - I am well aware of the complexity of planning laws, developer pays principle, etc etc etc, having done a PG Masters on it - I just think it's funny that this man isn't but is throwing his toys out the pram anyway).
NEVER expect competence.
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22nd March 2010, 11:03 AM
whats a pg masters?
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22nd March 2010, 11:35 AM
post-grad ?
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22nd March 2010, 11:52 AM
Planning Guidance?
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22nd March 2010, 01:44 PM
Unfortunately by highlighting this thread all thats happened is unit of 1 and his useless advice moved forums - unfortunately he came back
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22nd March 2010, 08:02 PM
It is indeed a post-graduate masters - technically an MLitt in Professional Archaeology. And yeah, I declined to comment on Unit of 1's advice
NEVER expect competence.
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23rd March 2010, 11:33 PM
Interestingly the new PPS 5 guidance (see separate thread) does address the question as to whether a developer has allowed a 'heritage asset' to deteriorate and how that shouldn't be a material consideration in the planning process. A developer who tries the approach suggested may still find themselves requiring an archaeological evaluation and assessment which could be as costly and time consuming as their worst fears..... a qualified opinion as to the extent of damage the developer has wrecked upon the archaeological resource.
With peace and consolation hath dismist, And calm of mind all passion spent...
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Not only that....I have excavated seemingly "wrecked" archaeology for most of my career and have recovered huge amounts of data. I think the important element of this thread is for me quite an old chesnut...... Archaeology is simply not enshrined within unambiguous law in the UK and I for one think that this is either disgusting, deliberately delayed or predictable.:face-stir:
