17th February 2009, 06:29 PM
Quote:quote:Originally posted by geodan
I am aware of one southern county that includes a restrictive and anti competitive clause within its heritage planning conditions, specifically
" before any works commence"....[suitable work]...."shall be carried out by one of the attached list of contractors..........".
Conditions issued on planning consents must be "clearly seen to be fair, reasonable and practicable." Circular 11/95: Use of conditions in planning permission. This wording of an archaeological condition is not included on this document, but I would draw your attention to one of the recommended archaeological conditions, number 54: *** ********* ***** ****** ****** ** *** ********** ***** ** *** ************ ********* ** *** ***** ******** *********, *** ***** ***** him ** ******* *** ********** *** ****** ***** ** ******* *** ***** (paragraphs 80-81)(the standard PPG16 condition is also recommended in this document). We have previously argued over the use of the access condition on this board and it is clear that many people have widely differing views to its interpretation.
The planning inspectorate's recommended conditions also contain this wording: LISTED BUILDING - ACCESS FOR RECORDING:
The developer shall give the local planning authority X days advance notice of the start of any works and, for a period of [e.g. 14 days] before any work begins, reasonable access to the building shall be given to [name of person/body or] a person/body nominated by the local planning authority for the purpose of recording the building [or interior] by making measured drawings or taking photographs.
Model Conditions: http://www.communities.gov.uk/documents/...324923.pdf
Inspectorate's conditions: http://www.planning-inspectorate.gov.uk/...tions.html
As you can see it is accepted by both the Department for Communities and Local Government and the planning inspectorate that it is reasonable to nominate an archaeologist.
I have to say I do entirely disagree with it and would not tie a list into any condition as I think it would place the planning authority in a very curious situation with regard to enforcement action.
Edited to preserve the modesty of certain lizards. I had not noticed the reference to archaeologists as 'him' whilst pasting the condition across.