4th June 2014, 02:04 PM
Most archaeological reports submitted as part of a planning application (including those prepared under para. 128 of the NPPF) do not (and should not) include anything that could be seen as recommending the proposed development - these reports describe the likely effects of the development on aspects of the historic environment and in many cases go on to suggest measures that could reduce the level of effect (i.e. mitigation).
Cuarators will review the application documents and advise on whether or not an adequate level of information has been submitted in order for them to be able to advise on determination. This advice may well indicate that the application is acceptable (with appropriate mitigation) or unacceptable. In the former situation, a statement that the development is acceptable should not be seen as a recommendation. In the latter case, the curator may well state an objection but also propose conditions that should be applied in the case of the application being consented - remember that the curator is providing advice to those who are determining the application.
At a Public Inquiry the duties of expert witnesses are clearly established through legal process - you are there as an expert in your subject area (e.g. archaeology) to provide independent opinion that will assist the planning decision maker to reach an informed conclusion as to the merits or otherwise of the proposed development. Again it is important not to recommend the development but to provide unbiased objective opinion (see PINS Circular 01/09).
The duty to provide an independent opinion over-rides any contractual duty to a client.
Beamo
Cuarators will review the application documents and advise on whether or not an adequate level of information has been submitted in order for them to be able to advise on determination. This advice may well indicate that the application is acceptable (with appropriate mitigation) or unacceptable. In the former situation, a statement that the development is acceptable should not be seen as a recommendation. In the latter case, the curator may well state an objection but also propose conditions that should be applied in the case of the application being consented - remember that the curator is providing advice to those who are determining the application.
At a Public Inquiry the duties of expert witnesses are clearly established through legal process - you are there as an expert in your subject area (e.g. archaeology) to provide independent opinion that will assist the planning decision maker to reach an informed conclusion as to the merits or otherwise of the proposed development. Again it is important not to recommend the development but to provide unbiased objective opinion (see PINS Circular 01/09).
The duty to provide an independent opinion over-rides any contractual duty to a client.
Beamo