26th October 2011, 01:51 PM
vulpes Wrote:Not if it's in properly worded planning condition, then it could be enforced. This was set out some time ago in The Archaeologist magazine article (Reference anyone?). Only a matter of time before it was picked up. And hopefully only a matter of time before it becomes standard practice off the back of some positive appeal decisions.
It was in The Archaeologist 77 (Autumn 2010). The precise wording of Peter Hinton's introduction was:
"IfA has commissioned a formal opinion from counsel on the lawfulness of local authorities requiring archaeological work to be done by Registered Organisations. IfA’s Honorary Legal Advisor briefed counsel about the objectives, scope and administration of the Registered Organisations scheme. Counsel researched the relevant legislation, case law, PPG 16, and the consultation draft PPS5 and its practice guidance. While these latter documents restrict the application of his advice to England, it seems unlikely that it would not hold elsewhere in the UK".
With peace and consolation hath dismist, And calm of mind all passion spent...