When progressing any development in England, one of the first steps is to understand and work within the limits of the various legislation covering the Historic Environment
Heritage Legislation
In relation to archaeology, the backbone of legislation is the Ancient Monuments and Archaeological Areas Act 1979. This provides for the legal protection of important and well-preserved archaeological sites and monuments through their addition to the Government’s ‘schedule’ of archaeological monuments.
The Act empowers Local Authorities to require that developers investigate any site ‘that contains or [and, this is the key part] is likely to contain anything of archaeological or historic interest which will be disturbed, damaged, destroyed or removed without proper archaeological investigation if operations are carried out on the site. Such remains, where they survive, may then be scheduled for statutory protection should they be of national significance or, more often, mitigated to enable development.
Likewise, structures are afforded legal protection through their addition to ‘lists’ of buildings of special architectural or historical interest. The listing of buildings is carried out by the Government’s DMCS Department under the Planning (Listed Buildings and Conservation Areas) Act, 1990.
The main purpose of the legislation is to protect buildings and their surroundings from changes that would materially alter the special historic or architectural value of the building, or its setting. This necessitates the granting of formal Listed Building Consent for all works undertaken to or within the designated curtilage of a Listed Building. This legislation also allows for the creation and protection of Conservation Areas by local planning authorities to protect areas and groupings of historical significance.
Further categories of heritage assets with consideration in planning have been extended in recent years, and now includes Registers for Parks and Gardens, and Historic Battlefields; while these forms of heritage asset are not statutorily protected by designation, registration is a ‘material consideration’ in the planning process. A similar situation pertains to UNESCO World Heritage Sites and their settings – though these usually contain one or more designated Heritage Asset.
National Planning Policy Framework (NPPF)
Revised in 2021, The NPPF sets out government policy on the historic environment, which covers all elements, whether designated or not, that are identified as ‘having a degree of significance meriting consideration in planning decisions, because of its heritage interest’.
Paragraph 194 states that in determining applications, local planning authorities should require an applicant to describe the significance of any heritage assets affected, including any contribution made by their setting. The level of detail required in the assessment should be ‘proportionate to the assets importance and no more than is sufficient to understand the potential impact of the proposal on their significance’.
Paragraph 201 explains that ‘where a proposed development will lead to substantial harm to or total loss of significance of a designated heritage asset, local planning authorities should refuse consent, unless it can be demonstrated that the substantial harm or loss is necessary to achieve substantial public benefits that outweigh that harm or loss.
Paragraph 202 advises that where a proposal involves less than substantial harm to the significance of a designated heritage asset, this harm should be weighed against the public benefits of the proposal, including securing its optimum viable use. In weighing applications that affect directly or indirectly non designated heritage assets, Paragraph 203 states that a balanced judgement will be required having regard to the scale of any harm or loss and the significance of the heritage asset
How to Successfully progress works
The early bird catches the worm!
Early consultation is paramount for successful management of a site with built heritage or archaeological constraints. Engaging with recognised heritage consultants, such as AB Heritage, at the outset of a project will help identify archaeological risk and provide advice that works to avoid potential hurdles later in the planning process.
Additionally, if site works are required – these can be timetabled early in the development process to avoid costly delays to the programme. Our professional heritage consultants monitor site works to ensure that fieldwork is delivered on time and within the agreed scope of works.
No scope creep = no delays = no spiralling costs.
Services that can help
A range of professional assessments and reports are available to suit various planning requirements. An example of some of our products is given below.
Our Initial Site Heritage Appraisals have been designed to provide a broad assessment of heritage risk on any land being considered for development, even prior to purchase. This pre-planning report will not only outline options for further works that may be required but will provide useful data for risk registers and purchase negotiations as part of your decision-making process.
An Archaeology Desk Based Assessment focuses on assessing the below ground archaeological factors associated with a development, providing a clear and impartial assessment of the potential impact associated with a development and how best to avoid them. These are undertaken to inform a planning application, or as an information gathering tool to help advise on site design and layout. The work includes data orders of the local Historic Environment Record; a site visit and review of data held at the Local Record Office; a detailed impact assessment; and recommendations for appropriate investigation or mitigation works, where required.
Heritage Statements are required for Listed Building Consent Applications and to support applications affecting Conservation Areas, the setting of Listed Buildings and other surviving heritage assets. These reports establish the history and development of a building or site, to better understand the historic significance of such features and allow the most effective design works to take place to help achieve planning consent.
A Detailed Heritage Settings Assessment follows a step-by-step procedure to assess the historic setting of a building or site. By understanding specific factors related to the historic setting of a site it is possible to assess potential impacts and benefits associated with a proposed development at the earliest possible stage, allowing heritage consultants to guide planning works to a successful conclusion. These are typically required for larger developments that have the potential to impact the setting of a number of heritage assets in the vicinity of the site, such as housing developments or infrastructure projects.
Often stipulated as a condition of planning, an Historic Building Recording Survey is used as a tool to understand a structure’s historic significance and development over time. 
There are four levels of to Good Recording Practice (2016). These range from a high-level and scene setting appraisal (Level 1), through to a high detailed / measured survey of the building (Level 4). Whichever level of survey is required for your project they all play a specific role in assessing, managing, and recording the structure as part of the redevelopment of a site. Your Heritage Consultant will help guide you on the most appropriate level for your needs.
AB Heritage is a professional commercial archaeology consultancy and a registered organisation with the Chartered Institute for Archaeologists. Operating across the UK, the company helps clients to manage historic environment project risk as part of successful developments.
For further details on the above please visit our services page
Updated from original blog 2018