24th June 2014, 12:51 PM
Marc - the key part of clause 25 is the 'as appropriate' bit.
For motorways and trunk roads the landowner (in England) is the Highways Agency, in Wales it would be Welsh Government etc. For other roads the highway authority (i.e. landowner) is usually the county council.
For archaeological work on Highways Agency or county highways land, an instuction from the HA or CC would be deemed to include landowner agreement to enter and carry out the works as commissioned. If the work is for a new road and the land has not yet been purchased by the HA or CC (through CPO or other), then the HA/CC will have negotiated access to undertake investigatory works necessary to reach the required level of design etc. If those works include archaeological investigations than access for such will have been included in the licence for access agreed with the landowner and there is no need for the archaeologists to agree a separate permission.
For pipelines, cables etc that are constructed under permitted development rights the situation is slightly different as the ownership of the land (and the finds in England and Wales) will not change - the developer usually only has the right to build and maintain but not to take ownership of the land. However the agreement to enter the land for the purposes of construction will usually include clauses that deal with the right to undertake surveys and investigations as necessary, including archaeological works. Hence again there would be no need for the archaeologists to agree a separate permission.
Beamo
For motorways and trunk roads the landowner (in England) is the Highways Agency, in Wales it would be Welsh Government etc. For other roads the highway authority (i.e. landowner) is usually the county council.
For archaeological work on Highways Agency or county highways land, an instuction from the HA or CC would be deemed to include landowner agreement to enter and carry out the works as commissioned. If the work is for a new road and the land has not yet been purchased by the HA or CC (through CPO or other), then the HA/CC will have negotiated access to undertake investigatory works necessary to reach the required level of design etc. If those works include archaeological investigations than access for such will have been included in the licence for access agreed with the landowner and there is no need for the archaeologists to agree a separate permission.
For pipelines, cables etc that are constructed under permitted development rights the situation is slightly different as the ownership of the land (and the finds in England and Wales) will not change - the developer usually only has the right to build and maintain but not to take ownership of the land. However the agreement to enter the land for the purposes of construction will usually include clauses that deal with the right to undertake surveys and investigations as necessary, including archaeological works. Hence again there would be no need for the archaeologists to agree a separate permission.
Beamo