10th April 2006, 01:20 PM
From Troll:
A couple of years ago I researched what happens if EH advise against the grant of consent but the applicant nevertheless chooses to proceed with the application. At the time of my inquiry, EH and DCMS could find no records of any such case in the previous 6 years - because developers nearly always withdraw their application, or change it to satisfy EH requirements, in the face of EH objection. As it happens though, there were two cases pending at the time. One went to a full Public Inquiry (I don't know the outcome), and the other to a formal Hearing (which I attended as an observer. The application was refused).
The implication here is that, unless there was a prosecution or other enforcement action, any works of the sort described by Silent Bob and decried by Troll have probably been approved by EH and are being done to their satisfaction. Under those circumstances, there is not much that either a County curator or a Consultant could do.
1man1desk
to let, fully furnished
Quote:quote:Blame? The morons responsible for the method statements and the muppet Curators who allow them.The Secretary of State for their hands off approach too. I spent 16 months trying to stop one particular developer from trashing scheduled Monuments and listed buildings.I was confronted with their consultants who frankly had far more interest in their percentage mark-up than being professionals and, a County Mounty whose approach was "Simon, stop making things more complicated than they already are".As HB correctly points out, County Mounties have no powers here - any works of the sort described are subject to Scheduled Monument Consent, granted by DCMS on the advice of English Heritage. I have made several successful applications for SMC under this procedure, and in my experience EH are quite rigorous in their consideration of the case. If the developer subsequently does anything not allowed under the consent, they are liable to prosecution - and EH have shown themselves willing to prosecute in the past.
A couple of years ago I researched what happens if EH advise against the grant of consent but the applicant nevertheless chooses to proceed with the application. At the time of my inquiry, EH and DCMS could find no records of any such case in the previous 6 years - because developers nearly always withdraw their application, or change it to satisfy EH requirements, in the face of EH objection. As it happens though, there were two cases pending at the time. One went to a full Public Inquiry (I don't know the outcome), and the other to a formal Hearing (which I attended as an observer. The application was refused).
The implication here is that, unless there was a prosecution or other enforcement action, any works of the sort described by Silent Bob and decried by Troll have probably been approved by EH and are being done to their satisfaction. Under those circumstances, there is not much that either a County curator or a Consultant could do.
1man1desk
to let, fully furnished