22nd September 2011, 05:54 PM
I'm not condoning or supporting this decision in any way, but in strictly technical terms, the statement that the Council has no statutory duty to deal with archaeology is probably correct. As has been pointed out in various threads, archaeology is covered by documents that are couched in terms of 'guidance' and 'policy', rather than being laws. In relation to this, however, it's worth noting that the Draft Policies for Consultation document, which was only issued by Sandwell MBC in March of this year, contains the following draft policy for dealing with archaeology and development proposals (apologies, it's quite long):
Draft Policy - Archaeology & Development Proposals
In Areas of Potential Archaeological Importance (APAI) and any other areas where the Council considers there to be archaeological potential, the local planning authority will require archaeological information (derived, if necessary, from an archaeological evaluation), prior to the determination of planning applications. This information will be needed to assess the archaeological implications of the development proposals and to identify requirements for archaeological preservation or investigation.
Referral of applications for development will also disclose sites or areas where archaeology or conservation is necessary before redevelopment or demolition is permitted to take place.
In considering proposals for development, the Council will seek to ensure that special heritage assets of national or possibly high regional importance are identified as being particularly worthy of preservation in situ. Other heritage assets will be preserved wherever possible, but where it would be unreasonable to withhold planning permission for the development of such sites, provision will be made through agreements and conditions of planning permissions for an appropriate level of archaeological evaluation and recording (preservation by record), prior to damage or destruction through development.
It is essential that heritage assets and their settings are preserved and enhanced so as to fully exploit their archaeological, recreational and educational value, and, where appropriate, made attractive to visitors.
Prospective developers are encouraged to consult the Council and the Historic Environment Record in advance of submitting planning applications whether they are in an Area of Potential Archaeological Importance or elsewhere.
Areas of Potential Archaeological Importance and specific sites and areas beyond the APAI have been identified within the Borough. Each area fulfils one or more of the following criteria:
- Ancient structures, either buildings or earth works, are visible or have been located by excavation, or objects have been found by chance or by deliberate search;
- Early settlement or other activity is indicated by written documents or maps;
- There has been little ground disturbance through earthmoving, mining or similar activities, so that archaeological features as yet unknown might be expected to be preserved.
The principal reasons for the rapid growth of the urban areas of the Borough were the mining and industrial activities of the 18th, 19th and 20th centuries. The area became one of national industrial importance. Although the legacy of dereliction, pollution and poor building should be removed where possible, it must be recognised that this also includes heritage assets of significance. Most of these are undesignated. Under existing criteria, much of this heritage is not recognised as being of sufficient national historic, archaeological or architectural importance to merit statutory protection; but Areas of Potential Archaeological Importance will be identified by continual local monitoring and assessment of relevant information sources, including the Sandwell Historic Environment Record, where information is consolidated and recorded.
The Historic Environment Record or HER is a record of all known sites and monuments of archaeological and historical importance in the Borough of Sandwell. It links archaeological sites with studies, evidence, finds and includes buildings and structures, demolished and extant. The HER is a resource for students, Archaeological/Conservation Consultants or the interested public. In conjunction with this, the library accumulated for the compilation of data is also available as a source for further studies. The record is sometimes called the Sites and Monuments Record (SMR). It records the archaeology of the Borough from its earliest prehistoric remains through to recent time
The boundaries of these areas may be modified and further areas and sites may be identified, as more archaeological information becomes available. The Council will be able to give up-to-date advice on the extent of the areas of archaeological importance and the integration of the preservation of archaeological deposits with other land uses; achieved by means of management agreements.
This is defined in terms of Policy ENV2 of the Black Country Core Strategy, which protects Historic Character and Local Distinctiveness, and as you'll see, it makes several references to dealing with archaeology and the HER. It'd be worth asking the Council what's changed in the last six months to so radically alter their policy, given that they were so keen on archaeology six months ago. It'd also potentially be worth asking how their decision sits with Policy ENV2, and indeed National planning policies.
Draft Policy - Archaeology & Development Proposals
In Areas of Potential Archaeological Importance (APAI) and any other areas where the Council considers there to be archaeological potential, the local planning authority will require archaeological information (derived, if necessary, from an archaeological evaluation), prior to the determination of planning applications. This information will be needed to assess the archaeological implications of the development proposals and to identify requirements for archaeological preservation or investigation.
Referral of applications for development will also disclose sites or areas where archaeology or conservation is necessary before redevelopment or demolition is permitted to take place.
In considering proposals for development, the Council will seek to ensure that special heritage assets of national or possibly high regional importance are identified as being particularly worthy of preservation in situ. Other heritage assets will be preserved wherever possible, but where it would be unreasonable to withhold planning permission for the development of such sites, provision will be made through agreements and conditions of planning permissions for an appropriate level of archaeological evaluation and recording (preservation by record), prior to damage or destruction through development.
It is essential that heritage assets and their settings are preserved and enhanced so as to fully exploit their archaeological, recreational and educational value, and, where appropriate, made attractive to visitors.
Prospective developers are encouraged to consult the Council and the Historic Environment Record in advance of submitting planning applications whether they are in an Area of Potential Archaeological Importance or elsewhere.
Areas of Potential Archaeological Importance and specific sites and areas beyond the APAI have been identified within the Borough. Each area fulfils one or more of the following criteria:
- Ancient structures, either buildings or earth works, are visible or have been located by excavation, or objects have been found by chance or by deliberate search;
- Early settlement or other activity is indicated by written documents or maps;
- There has been little ground disturbance through earthmoving, mining or similar activities, so that archaeological features as yet unknown might be expected to be preserved.
The principal reasons for the rapid growth of the urban areas of the Borough were the mining and industrial activities of the 18th, 19th and 20th centuries. The area became one of national industrial importance. Although the legacy of dereliction, pollution and poor building should be removed where possible, it must be recognised that this also includes heritage assets of significance. Most of these are undesignated. Under existing criteria, much of this heritage is not recognised as being of sufficient national historic, archaeological or architectural importance to merit statutory protection; but Areas of Potential Archaeological Importance will be identified by continual local monitoring and assessment of relevant information sources, including the Sandwell Historic Environment Record, where information is consolidated and recorded.
The Historic Environment Record or HER is a record of all known sites and monuments of archaeological and historical importance in the Borough of Sandwell. It links archaeological sites with studies, evidence, finds and includes buildings and structures, demolished and extant. The HER is a resource for students, Archaeological/Conservation Consultants or the interested public. In conjunction with this, the library accumulated for the compilation of data is also available as a source for further studies. The record is sometimes called the Sites and Monuments Record (SMR). It records the archaeology of the Borough from its earliest prehistoric remains through to recent time
The boundaries of these areas may be modified and further areas and sites may be identified, as more archaeological information becomes available. The Council will be able to give up-to-date advice on the extent of the areas of archaeological importance and the integration of the preservation of archaeological deposits with other land uses; achieved by means of management agreements.
This is defined in terms of Policy ENV2 of the Black Country Core Strategy, which protects Historic Character and Local Distinctiveness, and as you'll see, it makes several references to dealing with archaeology and the HER. It'd be worth asking the Council what's changed in the last six months to so radically alter their policy, given that they were so keen on archaeology six months ago. It'd also potentially be worth asking how their decision sits with Policy ENV2, and indeed National planning policies.
You know Marcus. He once got lost in his own museum