29th March 2012, 01:05 PM
(This post was last modified: 29th March 2012, 01:16 PM by ken_whittaker.)
Kevin,
At first glance and without having looked at the details, I would say that an objection is valid if it evident that the LPA has failed to consider whether significant and demonstrable harm outways the benefits of the application [SIZE=2]when assessed against the Local Plan or, if a Local Plan is not in place, against policies in the NPPF taken as a whole, which include the historic environment.[/SIZE]
[SIZE=2]I would read this as the LPA cannot simply ignore the historic environment, ie it is a material consideration in general planning terms, but they only need establish there is no significant and demonstrable harm, and only then relative to the benefits of the scheme, ie have they sufficient information to balance harm v benefit, which could be relatively simple, even if the heritage consequences are 'exceptional' or 'wholly exceptional', provided the applicant has made sure the benefits justifies the ends, ie sustainable development and economic growth. Also this test seems to allow LPAs greater latitude on whether archaeology is a material consideration in relation to individual applications, as the requirement that harm must be 'demonstrable' sugests to me they are unable to take into account presumed or predicted archaeological remains. The question is, does this now put LPAs in a position where they must strictly adhere to policies for pre-determination evaluation, and, if so we might have alighted on the first of many unintended consequences ? Sadly this may simply be a rhetorical question where LPAs have already dispensed with the services of archaeological planning advisors.
[/SIZE]
At first glance and without having looked at the details, I would say that an objection is valid if it evident that the LPA has failed to consider whether significant and demonstrable harm outways the benefits of the application [SIZE=2]when assessed against the Local Plan or, if a Local Plan is not in place, against policies in the NPPF taken as a whole, which include the historic environment.[/SIZE]
[SIZE=2]I would read this as the LPA cannot simply ignore the historic environment, ie it is a material consideration in general planning terms, but they only need establish there is no significant and demonstrable harm, and only then relative to the benefits of the scheme, ie have they sufficient information to balance harm v benefit, which could be relatively simple, even if the heritage consequences are 'exceptional' or 'wholly exceptional', provided the applicant has made sure the benefits justifies the ends, ie sustainable development and economic growth. Also this test seems to allow LPAs greater latitude on whether archaeology is a material consideration in relation to individual applications, as the requirement that harm must be 'demonstrable' sugests to me they are unable to take into account presumed or predicted archaeological remains. The question is, does this now put LPAs in a position where they must strictly adhere to policies for pre-determination evaluation, and, if so we might have alighted on the first of many unintended consequences ? Sadly this may simply be a rhetorical question where LPAs have already dispensed with the services of archaeological planning advisors.
[/SIZE]