Should an archaeologist recommend a development in the planning application comments

[Marc Berger]

N What is "Expert evidence"?

N.1 Who provides expert evidence?

[SIZE=3]N.1.1 Expert evidence is evidence that is given by a person who is qualified, by training and experience in a particular subject or subjects, to express an opinion. It is the duty of an expert to help an Inspector on matters within his or her expertise. This duty overrides any obligation to the person from whom the expert has received instructions or by whom he or she is paid.

N.1.2 The evidence should be accurate, concise and complete as to relevant fact(s) within the expert’s knowledge and should represent his or her honest and objective opinion. If a professional body has adopted a code of practice on professional conduct dealing with the giving of evidence, then a member of that body will be expected to comply with the provisions of the code in the preparation and presentation (written or in person) of the expert evidence.

[/SIZE]N.2 Endorsement

[SIZE=3]N.2.1 Expert evidence should include an endorsement such as that set out below or similar (such as that required by a particular professional body). This will enable the Inspector and others involved in an appeal or a called-in application to know that the material in a proof of evidence, written statement or report is provided as ‘expert evidence’. An appropriate form of endorsement is:

[/SIZE][SIZE=3]"The evidence which I have prepared and provide for this appeal reference APP/xxx (in this proof of evidence, written statement or report) is true and has been prepared and is given in accordance with the guidance of my professional institution and I confirm that the opinions expressed are my true and professional opinions.".

[/SIZE][SIZE=3]N.2.2 Giving expert evidence does not prevent an expert from acting as an advocate so long as it is made clear through the endorsement or otherwise what is given as expert evidence and what is not.
[/SIZE]

so in effect there are three ways to get to be a expert? One is as the authorities curator, 2. as the applicants archaeologist or three as a commentator to the application. If there has been no Heritage statement and, or public comments made about the archaeology then only the authorities curators could be called and probably wouldn't if no comments had been made to the application? Its interesting to note that the inspectors expect the expert to act as an advocate , within their professional codes. One of the things that I have wondered is that a heritage statement should advocate which mitigation should be used or even that the mitigation should be undertaken before application to be included in the application. The wording of PNNF suggest that if so a a desk based assessment and evaluation could be undertaken.

One of the things going on though seems to be that Heritage statements seem to have evolved very quickly to be like eias rather than a visit by the applicatant to their friendly HER. Heres 57 pages of a Heritage statement and seems to advocate the mitigation required. Admittedly it seems to have been undertaken because it was next to a designated park. http://publicaccess.e-lindsey.gov.uk/onl...APR_113382