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Submission
from ALGAO:England
Leila Brosnan
Architecture and Historic Environment Division
Department for Culture, Media and Sport
2-4 Cockspur Street
London SW1Y 5DH
01/06/07
Dear Ms Brosnan
HERITAGE
PROTECTION FOR THE 21ST CENTURY: RESPONSE BY THE ASSOCIATION OF
LOCAL GOVERNMENT ARCHAEOLOGICAL OFFICERS FOR ENGLAND
The Association
of Local Government Archaeological Officers for England (ALGAO:England)
is the national body representing local government archaeology services
at County, District, Metropolitan, Unitary and National Park level
in England. ALGAO:England co-ordinates the views of its member authorities
(90 in total) and presents them to government and to other national
organisations. It also acts as an advisor to the Local Government
Association (LGA) on archaeological matters. The range of interests
of our members embraces all aspects of the historic environment
including archaeology, buildings and the historic landscape.
1. General
Comments
ALGAO welcomes
the programme of radical reforms set out in the Heritage Protection
White Paper Heritage Protection for the 21st Century and the government's
commitment to placing the historic environment at the heart of an
effective planning system.
There is a
strong consensus of support from local government archaeological
services for the White Paper's proposals. It is nearly 30 years
since the last legislation to protect archaeology was introduced.
The present systems for protecting the heritage have developed in
a piecemeal fashion and are complex, inefficient to operate, and
lacking the transparency and accountability that a credible, modern
system should provide. The White Paper is therefore welcomed as
an opportunity to modernise the heritage protection system, to make
it more open and more inclusive. We are pleased to see its radical
and reforming approach and are expecting government to honour its
commitment to streamlining without weakening the mechanisms that
protect some of the most important parts of our heritage.
ALGAO particularly
welcomes the following proposals: ·
- unify the
listing of buildings, scheduling of monuments, registration of
parks, gardens and battlefields into a single designation regime,
- integrate
Listed Building and Scheduled Monument consents into a single,
streamlined heritage consent system, determined at local level,
- enhance
local historic environment services by introducing a statutory
requirement for local authorities to have access to Historic Environment
Records, available to all through an accessible gateway,
- enhance
protection of archaeological sites under cultivation,
- expand designation
to include the sites of early human activity without structures,
- introduce
a more transparent system for designation including public involvement
in shaping future designation programmes,
- encourage
local designation with greater protection of local historic assets
and community participation in decisions about the future of the
historic environment.
2. The Consultation
Questions
Q1: Should
Conservation Area Consent be removed as a specific consent and merged
with planning permission? ALGAO believes that this is a
logical consequence of a more streamlined approach to heritage protection.
However, statutory guidance will have to make very clear that conservation
areas have not lost status, and set out the responsibilities of
planning authorities to have appropriate professional advice on
decisions affecting conservation areas, particularly for proposals
for demolition or partial demolition.
Q2: As
a means of promoting early consideration of heritage issues in large
scale developments, should there be new statutory guidance promoting
pre-application assessment and discussion for all major planning
applications which may affect historic assets?
ALGAO welcomes this proposal which has worked well for archaeology
using pre-application assessment to determine the potential impact
of proposals and to inform the design process.
Q3: As
a means of providing greater certainty to developers, should the
current operation of Certificates of Immunity be expanded to enable
an application to be made at any time, and for a site as well as
an individual building?
ALGAO has some reservations about this proposal. Elsewhere the White
Paper proposes more robust and transparent procedures with opportunities
for public participation: great care must be taken not to create
a loophole that allows COIs to be issued through a system less rigorous
and accountable than what is proposed for designation and consent.
On purely pragmatic grounds there are significant limitations in
using this approach for below ground archaeology. A rigorous approach
to evaluation would be required to provide a reasonable level of
certainty about the importance and sensitivity of a site; and in
a developed urban context might not be realistically achievable.
3. More Detailed/Specific
Comments
We also offer
the following summary comments on the proposals in the White Paper
that are especially relevant to ALGAO.
3.1 Statutory
duty for local authorities to maintain or have access to Historic
Environment Records (HERs)
ALGAO wholeheartedly welcome this proposal and we are committed
to ensuring that HERs will perform their key role in delivering
the heritage protection system whist enabling understanding and
enjoyment of the historic environment. We also welcome this proposal
in recognition of the success of local authorities in developing
HERs as the key information resource for the historic environment,
and of the ability of HERs to successfully adapt to the developing
information requirements of the sector over the past 30 years.
However, the
estimated £4-5million annually that local authorities currently
invest in HERs is discretionary and not subject to local government
statutory performance indicators (BVPIs or CPA). HERs therefore
continue to be very vulnerable to service cuts by individual local
authorities. It is also important to recognize that most of this
local government resource is invested in the supporting services
for HERs, especially the experienced professional staff who are
specialists in both the historic environment and information technology.
ALGAO would
therefore wish to see the vital role of the supporting HER services
recognized in any new statutory duty, or alternatively in any statutory
guidance government may wish to issue to local authorities regarding
the nature and standard of their historic environment services (see
below 4.2). Without this additional support and guidance, there
is a real danger that the voluntary investment in HERs and their
support services by local authorities will be put at risk, and as
a consequence the much-needed reform of heritage protection will
be considerably more difficult to achieve.
We would also
like to see a commitment by government to fund the one-off costs
needed to bring all HERs up to the required standard to administer
the new Register. Such costs should include any necessary recasting
and other enhancement of the Register to make it accessible and
fit for purpose.
3.2 Devolution
of Heritage Consents to Local Planning Authorities
ALGAO would wish to see further information about how the consents
for Scheduled Monuments will be dealt with in the new heritage protection
system. We would also ask that further research is undertaken nationally
concerning the likely impact of devolution to local planning authorities
(LPAs) as this is likely to vary considerably between regions. We
would also ask that consideration is given to DCMS issuing specific
advice to LPAs, to the effect that they should have access to appropriate
specialist archaeological advice in determining Heritage Consents
for archaeological sites on the new register.
3.3 The
basis for designation for the new register
The current statutory designations (Listing and Scheduling) are
designated under very different criteria. ALGAO support the general
principle of a new single criterion of 'special architectural, historic
and archaeological interest'. However, we would wish to see further
details as to how 'special archaeological interest' is defined before
fully supporting any new designation criterion.
3.4 The
role of local government historic environment services in designation
In the past, ALGAO member local authority archaeology services have
had an important although informal role in the designation of Scheduled
Monuments. ALGAO would wish to see a continuing role for local authority
historic environment services in enabling the designation of new
assets for the proposed unified register. In particular, we would
like to see Historic Environment Records being used as one of the
key sources of information for making designation decisions.
3.5 Abolition
of Class Consent No. 1
ALGAO welcomes the proposals to abolish the Class Consent and replace
it with management agreements There are however important issues
concerning the future of Defra's Environmental Stewardship scheme
for the historic environment and the resources for producing management
agreements which will need to be clarified if this proposal is to
be translated into positive management for the many archaeological
sites that have been damaged since 1979.
3.6 Enhanced
protection for archaeological sites on the register from illegal
metal detecting and other damage.
ALGAO considers that the reform of the Ancient Monuments Act (1979)
provides an opportunity to strengthen the legal protection currently
given to Scheduled Monuments to damage from metal detecting and
other illegal damage. There have been few successful prosecutions
under the current act even though it is widely acknowledged within
the sector that illegal damage to Scheduled Monuments is a significant
problem.
3.7 Abolition
of Areas of Archaeological Importance (AAIs)
ALGAO is content that the six AAIs be abolished, but would like
to see some of the provisions of AAI status maintained and if possible,
enhanced. In particular, ALGAO members who are responsible for managing
the archaeological resource within the six designated AAIs still
find advance notice of permitted development, especially utilities,
to be a useful provision. ALGAO therefore considers that it is essential
that there is guidance from Government to local authorities for
them to remove some permitted development rights under Article 4
directions for the former AAIs and other historic urban centres
that contain important and vulnerable below-ground archaeological
deposits. We note the proposals in the current Planning White Paper
for easier and more streamlined procedures for local authorities
to serve Article 4 directions and would like to see below-ground
archaeology included within these discussions.
3.8 The
role of local authorities in the proposals for the maritime historic
environment
ALGAO regrets that there is no consideration of the role of local
authorities in relation to the marine historic environment. We would
like to see the guidance for Historic Environment Records (HERs)
include some provision for the extension of coastal HERs to the
6 mile limit. We feel this could be realistically achieved by partnership
with English Heritage, government and the maritime sector and the
absence of any provision is a lost opportunity and one which ultimately
could lead to increased damage and destruction of the maritime historic
environment. We would urge DCMS to reconsider this decision. ALGAO
also regrets that the question of the precedence of salvage over
the heritage interest has not been addressed.
Detailed comments
on the maritime section of the White Paper have been sent to DCMS
from Robin Daniells, Chair of the ALGAO Maritime Committee.
3.9 Heritage
Partnership Agreements
ALGAO supports the introduction of Heritage Partnership Agreements.
However, we would like to see more details of the likely number
of agreements that are envisaged and how their production will be
resourced as soon as this is possible.
3.10
Training
ALGAO would strongly support the emphasis given to the importance
of training to deliver the new heritage protection system. In 1.4
12-15 improving capacity, HELM and Historic Environment Champions
are referred to as means of delivering this. ALGAO would support
these mechanisms, but would urge that local authority historic environment
professionals are full partners with English Heritage in the formulation
of training provision for historic environment professionals and
non-professionals including local authority Councillors.
4. Important
related Issues
We would also like to take the opportunity to comment upon several
issues that we consider are important to ensure the successful implementation
of the White Paper:
4.1 Adequate
Resources for English Heritage
It is vital that English Heritage are provided with sufficient resources
by Government to implement the White Paper proposals and carry out
the current duties and obligations to the sector.
4.2 Defining
local authority historic environment services
The Heritage White Paper proposals and the impending local government
reorganisation under the Local Government Bill, make it a high priority
for government to provide guidance to local authorities on their
roles and responsibilities with respect to their historic environment
services.
4.3 The
importance of the non-designated historic environment
Local authority historic environment services current manage all
non-designated aspects of the historic environment (over 95% of
the total). This includes many nationally important sites and areas.
Much of this work is underpinned by the concept of preservation
in situ of archaeological remains, which is defined in case law
and PPG 16. The conservation of these non-designated archaeological
aspects of the historic environment via the planning process is
a successful part of the sector, worth an estimated £150 million
per year. The new heritage protection system for nationally designated
assets will only work if it complements the role local authorities
currently have for conserving the undesignated historic environment.
The importance of this latter role must therefore be formally recognised
in the new legislation that arises from the Heritage White Paper.
4.4 Timetable
for review of PPGs 15 and 16
These PPGs are both in urgent need of revision. The process of the
designation review and the heritage protection review over the past
five years has delayed their review and we note that Government
is proposing a reform of the system of statutory planning guidance
in the current Planning White Paper. We are therefore concerned
that there will be further lengthy delay in the review of the provisions
of these PPGs. Many of the necessary revisions to PPG 16 are relatively
minor and have the widespread support of the sector. We would therefore
urge DCMS and English Heritage to put forward proposals for a mechanism
to reform the provisions of PPGs 15 and 16 in any draft legislation
that is produced.
4.5 Engagement
of local authorities and partners in implementation of the White
Paper and the drafting of legislation
ALGAO was successfully involved - with IHBC and IFA - in many aspects
of the preparation of the White Paper. We would like to see this
active involvement continue during the implementation phase and
the preparation of legislation. This is particularly the case with
respect to planning issues, where much of the expertise with the
sector lies within local government. Indeed, we feel that the engagement
of local government historic environment professionals in the implementation
of the White Paper is vital for its success.
Dr Stewart
Bryant Chair, ALGAO:England
Consultations
index
ALGAO Maritime Committee Heritage
White Paper response
ALGAO:Cymru
Heritage White Paper response
ALGAO:England
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