2009 Yearbook

22 Y e a r b o o k 2 0 0 9 BUILDING · CONSERVATION INSTITUTE · OF · HISTORIC · A r c h a e o l o g y Statute or Model Policy Score No of LPAs Percentage Ancient Monuments and Archaeological Areas Act 1979 To make provision for the investigation, preservation and recording of matters of archaeological or historical interest and (in connection therewith) for the regulation of operations of activities affecting such matters. 1 1 3 2 2 6 3 25 74 4 2 6 5 4 12 0 0 0 TOTAL 34 101 SPP23: Model Policy 3 A) Scheduled monuments and other identified nationally important archaeological resources shall be preserved in situ, and within an appropriate setting. Developments which have an adverse effect on scheduled monuments or the integrity of their setting shall not be permitted unless there are exceptional circumstances. 1 0 0 2 1 3 3 5 15 4 16 47 5 10 29 0 2 6 TOTAL 34 100 SPP23: Model Policy 3 B) All other significant archaeological resources shall be preserved in situ wherever feasible. The planning authority will weigh the significance of the archaeological resources and of any impacts upon them and their settings against other merits of the development proposals in the determination of planning applications. 1 2 6 2 1 3 3 2 6 4 11 32 5 15 44 0 3 9 TOTAL 34 100 SPP23: Model Policy 3 C) The developer may be requested to supply a report of an archaeological evaluation prior to determination of the planning application. Where the case for preservation does not prevail, the developer shall be required to make appropriate and satisfactory provision for archaeological excavation, recording, analysis and publication, in advance of development. 1 1 3 2 2 6 3 5 15 4 10 29 5 12 35 0 4 12 TOTAL 34 100 0 = no policy; 1 = very poor reflection of statute or national policy; 2 = poor reflection but contained elements; 3 = satisfactory, but not fully cohesive or comprehensive; 4 = good with a clear link to national policy; and, 5 = very good, with strong or direct links to statute or policy considered to be good or very good. The majority of LPAs (25, or 74%) have policies that meet the statutory requirements in a satisfactory manner. Turning to Model Policy 3A (to preserve in situ and prevent development from affecting a SAM or its setting), only two LPAs (6%) have no policy that addresses this and one (3%) has a policy that is rated as poor. A total of 26 (76%) have policies that comply with MP3A to a good or very good standard. Model Policy 3B covers all other significant archaeological assets which should be preserved in situ. MP3B also requires a balanced assessment of impact against development proposals. A total of three LPAs (9%) have no policy that aligned with MP3B and a further three (9%) have a policy that is rated poor or very poor. The majority of LPAs have good or very good policies when assessed against this model policy (26, or 76%). Model Policy 3C permits the LPA to require a developer to make a pre- application assessment and to provide for excavation and analysis at their Analysis of findings The relationship of development plans to the Ancient Monuments and Archaeological Areas Act is not as direct as the other policy areas examined in this report. The reason for this is that the main activities of scheduling and scheduled monument consent are the domain of Scottish Ministers through Historic Scotland only. LPAs have no real locus in this, unlike listed buildings, and whilst they might be involved in the process (especially if there is a planning application affecting a SAM), that involvement is generally limited. However, it is clear that, on examination, many LPAs do have policies on SAMs, probably due to their presence in the statutory landscape. As such, some mention of SAMs, their importance, and the need to carefully consider any impact on them, is deemed to comply. All of the LPAs have some form of policy or policy statement covering SAMs. However, three (9%) have policies that are viewed as poor or very poor in this regard. A total of six (18%) have policies that are own cost. Four LPAs (12%) have no policy covering this policy area and a further three (9%) have policies that are deemed poor or very poor. Against this, 64 per cent of LPAs (22) have a policy basis for developer contribution that is good or very good in its relationship to MP3C. Comment on archaeology policies Overall, most LPAs had some basis for decision-making in their development plans covering archaeology. All development plans reflect the presence of SAMs, which is somewhat surprising as they have no locus in their regulation. Most have effective policies that seek to prevent unsuitable development in and around a SAM and most have good or very good policies that address other aspects of the archaeological resource. Similarly, many have a policy basis for developer contributions to excavation and evaluation, although the quality of these in terms of compliance to the proposed draft model policies is slightly more variable.