The historic environment and planning
If you are proposing works which may affect an archaeological or historical site or if you are proposing works which may form part of a planning application, for informal advice please contact David Evans.
Planning and archaeology - the role of Planning Policy Guidance Note 16 (PPG 16)
'PPG 16' has become one of the most important concepts in British archaeology. It forms the basis of all rescue archaeology and thus of the majority of excavations carried out in this country. PPG 16 is Planning Policy Guidance note number 16 and was issued by the Department of the Environment in November 1990. It says in effect that the responsibility for rescue archaeology lies not with central government but with the local planning authorities and that archaeology should be included in their planning policies. It suggests how planning authorities should exercise their powers. Archaeologically the main change was that it suggested that there should be a distinction between what it called 'curators' and 'contractors'. The curators are the archaeologists employed by local authorities who advise the planning departments as to the archaeological significance of planning applications put before them. Through PPG 16 archaeology becomes a material consideration in the planning process. The importance or otherwise of the archaeology on a particular site should be assessed before determination. Failure to do so might lead to the refusal of planning consent.
PPG16 recognizes that not all archaeological sites are of equal value. The desirability of preserving ancient monuments and their setting is a material consideration in the planning process. This was first stated in the Department of the Environment circular 8/87 (now superseded by PPG15) and is confirmed by PPG16 (para 8):
"Where nationally important archaeological remains, whether scheduled or not, and their settings, are affected by proposed development there should be a presumption in favour of their physical preservation."
It is also considered important that early consultation between potential applicants, developers and planning archaeologists should take place in order to allow thorough consideration of these important remains.
The PPG gives advice on procedures prior to submission and/or determination of applications and introduces the important concept of preservation in situ. If this option is not possible, the planning authority may need to consider refusal of the application. In certain circumstances preservation by record may be considered an appropriate option. The guidance reports that it is "open to the local planning authority to impose conditions designed to protect a monument and to ensure that reasonable access is given to a nominated archaeologist" to carry out either a watching brief or archaeological investigation and recording.
PPG16 also suggests that "In cases where planning authorities have decided that planning permission may be granted but wish to secure the provision of archaeological excavation, it is open to them to do so by the use of a negative condition."
PPG16 is an advisory note which advocates the presumption of preserving important archaeological sites and their settings and supplies the mechanism by which financial resources for any necessary assessment, evaluation, excavation and analysis can be provided by the developer. Its essence is that in considering development proposals, local planning authorities shall give due recognition to the importance of archaeological remains. It is also the framework by which the Secretary of State for the Environment will consider cases of national importance coming before him. Every planning inquiry inspector has a copy of PPG16 and judges every case within the framework of the document, which explains the processes and how he should respond in a given set of circumstances. The stages by which archaeological consideration is evaluated in the process up to the determination of a development application are of central importance and the terms are used with great precision, as their meanings have something to do with the planning process.
The South Gloucestershire Local Plan consists of:
- Local plan policies - L11
- Historic parks and gardens and battlefields - L12
- Archaeology - L13
- Conservation areas - L14
- Listed buildings - L15
Locally listed buildings also have to be taken into account.