31st October 2007, 06:21 PM
That's one way of approaching it HB. But you can take a two-stage approach to discharge. Where you provide the developer with a letter confirming that the on-site archaeological works have been satisfactorily completed - so there is no impediment to the development commencing but that the condition will be fully discharged once reporting is complete or near completion (i.e. written, approved and funded). If you like: Practical discharge and Full discharge. As assessments can take at least months to prepare I'm not sure that delaying development once the fieldwork has been completed would be that easy to explain to a developer.
Your condition is pretty much the standard PPG16 clause. Oh further to the issue of publication PPG16 is clear (para 25): 'Such agreements should also provide for the subsequent publication of the
results of the excavation'.
Although this refers to S106 agreements it should also apply to conditions etc.
Your condition is pretty much the standard PPG16 clause. Oh further to the issue of publication PPG16 is clear (para 25): 'Such agreements should also provide for the subsequent publication of the
results of the excavation'.
Although this refers to S106 agreements it should also apply to conditions etc.