Discharging Archaeological Planning Conditions
Background
An applicant is progressing through the planning process for a new development project. A consultation response from the Council’s archaeological advisor indicates no objection to the development, provided that specific archaeological planning conditions are met as part of a planning consent. These conditions typically require the implementation of archaeological works prior to or during the demolition and construction process.
Planning for the Condition
To address the archaeological condition, it is crucial to understand its wording, which can vary between different Councils. Most conditions will require the preparation of a “Written Scheme of Investigation” (WSI) to be agreed upon with the Council. The WSI is a comprehensive methodology document outlining how archaeological works will be conducted on the site.
Example of an Archaeological Condition
An example of a typical condition might be:
“No development shall take place within the site until the implementation of a programme of archaeological work has been secured in accordance with a written scheme of investigation which has been submitted to and approved by the Local Planning Authority.”
This condition necessitates the creation and submission of a WSI for Council approval. The archaeological work outlined in the WSI must then be executed before the development commences. While the condition may seem to imply only one stage of archaeological work, it does not preclude the possibility of multiple stages and addendums to the initial WSI.
Example of a More Detailed Archaeological Condition
A more complex condition might be:
- “No demolition or development shall take place until an archaeological written scheme of investigation (WSI) has been submitted to and approved by the local planning authority in writing.”
- “No development shall take place other than in accordance with the written scheme of investigation approved under Part A and any addenda to that WSI covering subsequent phases of mitigation.”
- “The development shall not be occupied or put into first use until the site investigation and post-investigation assessment has been completed in accordance with the programme set out in the archaeological written scheme of investigation.”
This condition divides the archaeological work into distinct stages, which allows for the partial discharge of each part (A-C). It provides flexibility for demolition and / or development to commence in specific site areas while archaeological work or reporting is still in progress. This approach facilitates a phased development process and ensures that any subsequent mitigation phases are accounted for.
Implementing the Condition
Once the planning condition is received (even in draft form), the applicant should seek professional advice to determine the scope of archaeological work required to satisfy the condition. Early engagement with an archaeological consultant is vital to:
- Drafting the WSI: Preparing a detailed methodology for how archaeological work will be conducted, which will then be submitted to the Council for approval.
- Cost and Time Planning: Understanding the potential costs and timescales for the required archaeological work, which may include site investigations, excavations, monitoring, and building recording.
- Integration with Development Schedule: Ensuring that the archaeological works are planned to fit within the broader development program, avoiding delays.
Conclusion
Successfully navigating archaeological planning conditions involves careful interpretation of the condition’s wording and proactive planning. By preparing a thorough WSI and engaging early with professionals, the applicant can ensure compliance with the condition while minimising disruptions to the overall development timeline.
