22nd April 2009, 02:33 PM
Posted by Talisien:
For a start, PPGs (or PPSs, which are replacing PPGs) are not guidelines, they are guidance - which might look like a small difference, but it is significant. They are issued by Government under powers granted by the Town and Country Planning Act, and provide guidance to Local Authorities - which they are required to comply with - on how to prepare development plans and how to consider relevant issues in the planning process.
They are legally enforceable in that any component of the development plan that conflicts with a PPG is unlikely to get through the statutory process leading to formal Adoption, and in that any planning decision that conflicts with a PPG is open to appeal and the appeal is likely to be successful.
Posted by Peteraf:
Not all UK MAs are the same though - Oxbridge ones are first degrees plus attendance at some dinners, while Scottish ones are the result of a 4-year undergraduate course.
1man1desk
to let, fully furnished
Quote:quote:Confusion arises, I believe, in how you regard PPG16. All the PPG documents are guidelines... They are not, however, protocols or enacted, either under new legislation, primary acts, enabling acts or as statutory instruments amending earlier legislation/schedules etc ... and thus not strictly speaking legally 'enforcable'...Not entirely true.
For a start, PPGs (or PPSs, which are replacing PPGs) are not guidelines, they are guidance - which might look like a small difference, but it is significant. They are issued by Government under powers granted by the Town and Country Planning Act, and provide guidance to Local Authorities - which they are required to comply with - on how to prepare development plans and how to consider relevant issues in the planning process.
They are legally enforceable in that any component of the development plan that conflicts with a PPG is unlikely to get through the statutory process leading to formal Adoption, and in that any planning decision that conflicts with a PPG is open to appeal and the appeal is likely to be successful.
Quote:quote:Returning to the original point, whether the persons actually undertaking the assessment should be members of the IfA, this is not a requirement that can be enforced by the local plannning authority. All the developer needs to do is to ensure they employ a professionally qualified archaeological organisation or consultant (PPG16 - Para 20)You are right this time. The Local Authority would be within its rights to accept MIFA or RAO status as evidence that an individual or organisation was professionally qualified - but would not be within its rights to refuse any alternative evidence of professional qualification.
Posted by Peteraf:
Quote:quote:leic as a foot note to that in most if not all of the countries where he gives an MA as the requirement that would normaly be the first degree takes 5 years Most UK MAs dont get a look in as they are only one year class work and one to write up.I can't see anything to stop local authorities requiring a certain level of academic qualifications (even though that would exclude some UK archaeologists). However, in comparing a UK MA with overseas ones, bear in mind that English MAs are generally post-graduate qualifications that follow a 3-year first degree, so they represent the culmination of 4-5 years study, whereas the overseas ones are simply longer first degrees. They should therefore represent at least equal qualifications.
Not all UK MAs are the same though - Oxbridge ones are first degrees plus attendance at some dinners, while Scottish ones are the result of a 4-year undergraduate course.
1man1desk
to let, fully furnished