Developer, Planner and Conservation Help Section
Current Relevant Legislation and Guidance
It is important that you know the current legislation in the UK. The following links will take you to the most important documents that we are aware of.
BAJR cannot take responsibility for the contents of the
following documents, but if you find a broken link or have additional documents
you feel would be useful we would appreciate an email 
-
info @ bajr . org
List of Links below:
Wales (legislation specific to Wales)
Institute of Field Archaeologists - Direct links to pdf
documents
Scotland
Historic Scotland
Historic Scotland safeguards the nation's built heritage and promotes its understanding and enjoyment on behalf of Scottish Ministers. They are the National Origination for Scotland.
Planning
Advice Note PAN 42 (or 
pdf
version)
This document provides advice on good practice and other relevant information concerning the planning process and heritage. This is used by the Local Authority Archaeologist and Planning Officers
Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997
This document from the HMSO provides the legislation concerning Listed Buildings in Scotland - your duty and restrictions on development and alteration.
NPPG5
- ARCHAEOLOGY AND PLANNING
National Planning Policy Guideline 5 (NPPG) sets out the Government's planning policy on how archaeological remains and discoveries should be handled under the development plan and development control systems, including the weight to be given to them in planning decisions and the use of planning conditions.
NPPG15
- RURAL DEVELOPMENT
National Planning Policy Guideline 15 (NPPG) the Government is committed to the protection, conservation and enhancement of the historic environment so that it may be enjoyed today and passed on in good order to future generations. Paragraph 43 outlines the principles of policy which should be considered in the context of rural development and provides information on sources of more detailed guidance.
Rural
Stewardship Scheme (section 5)
The Rural Stewardship Scheme (RSS) is an Agri-environment Scheme designed to encourage farmers, crofters and Common Grazings Committees to adopt environmentally friendly practices and to maintain and enhance particular habitats and landscape features. - Section 5 deals with archaeological advice and management of heritage resources on your farmland.
NPPG18
- PLANNING & THE HISTORIC ENVIRONMENT
National Planning Policy Guideline 18 (NPPG) deals primarily with listed buildings, conservation areas, world heritage sites, historic gardens, designed landscapes and their settings. It complements NPPG5 Archaeology and Planning, which sets out the role of the planning system in protecting ancient monuments and archaeological sites and landscapes.
PAN 58 - Environmental Impact Assessment
Environmental Impact Assessment (EIA) is a process which identifies the environmental and Heritage effects (both negative and positive) of development proposals. It aims to prevent, reduce and offset any adverse impacts. It is part of the process to have an archaeological report produced to advise on heritage matters.
Scotland’s
Listed Buildings A Guide for Owners and Occupiers
This booklet gives an informal account of the legislation, principally contained in the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997, which protects Scotland’s historic buildings and describes how it is generally administered by Historic Scotland on behalf of the Scottish Ministers and by the planning authorities. It explains how buildings of “special architectural or historic interest” are selected for listing and outlines the system of control which ensures proper scrutiny of all applications to demolish, alter or extend listed buildings, internally or externally, or to demolish any buildings in conservation areas. The aim is to protect the character of the heritage and to guard against unnecessary loss or damage.
Historic
Scotland Free Publications Online
An extensive catalogue of publications, ranging from Technical papers, Advice, Grants and Policy.
Treasure
Trove Panel Scotland
Scots common law is quod nullius est fit domini regis (that which belongs to nobody becomes our Lord the King’s [or Queen’s]). So ALL objects Who's original owner or rightful heir cannot be identified or traced are the property of the Crown. It does not matter whether objects were lost or intentionally hidden, or whether it is a gold bracelet or stone axe.
General
Finds Reporting Form or Archaeological
Assemblages
Users of metal detectors in Scotland should be aware that all finds they make are subject to claim by the Crown and should be reported for assessment to the Treasure Trove Advisory Panel Secretariat (TTAPS) - Under section 42 of the Ancient Monuments and Archaeological Areas Act (1979) it is a criminal offence to use a detector on a scheduled ancient monument. This is also true of ALL Archaeological sites, where finds must be reported along with 2 copies of a Data Structure Report.
England & 
Wales
English Heritage
English Heritage works in partnership with the central government departments, local authorities, voluntary bodies and the private sector to conserve and enhance the historic environment, broaden public access to the heritage and increase people's understanding of the past - they are the National Organisation for England
CADW
Cadw is the historic environment agency within the Welsh Assembly Government with responsibility for protecting, conserving, and promoting an appreciation of the historic environment of Wales. (CADW means Keep in Welsh)
National
Heritage Act 2002
An Act to make further provision in relation to the functions of the Historic Buildings and Monuments Commission for England; and for connected purposes. Section 3 extends to England and Wales, Scotland and Northern Ireland.
Guidelines
on The Treatment of Christian Burials in Archaeological Projects
The document aims to provide reasonably comprehensive guidelines covering the treatment of human remains and associated artifacts and grave markers at all phases of an archaeological fieldwork project, including decisions concerning whether remains should be retained long-term for scientific study or reburied following completion of the analysis phase of the fieldwork project.
Valletta
Convention on the Protection of the Archaeological Heritage
The Valletta Convention on the Protection of the Archaeological Heritage
was promulgated at Valletta in Malta in 1992. It was ratified by the UK
Government on 21 September 2000 and came into force on 21 March 2001. It
contains provisions for the identification and protection of archaeological
heritage, its integrated conservation, the control of excavations, the use
of metal detectors and the prevention of illicit circulation of archaeological
objects, as well as for dissemination of information.
(This link leads you to the CBA portal, where further links and expanatory
text are available)
Planning
(Listed Buildings and Conservation Areas) Act 1990
Act of Parliament of the United Kingdom that altered the laws on granting of planning permission for building works, notably including those of the listed building system in England and Wales.
Planning
Policy Guidance 15 Planning
and the historic environment (PPG 15)
PPG 15 is short for Planning Policy Guidance 15: Planning and the Historic Environment, a document produced by the British Government to advise local planning authorities on the treatment of historic buildings and the wider historic environment within the planning process
Planning
Policy Guidance 16 Archaeology and Planning (PPG 16)
Planning Policy Guidance 16 Archaeology and Planning commonly abbreviated as PPG 16, is a document produced by the British Government to advise local planning authorities on the treatment of archaeology within the planning process. It sets out the Secretary of State's policy on archaeological remains on land, and how they should be preserved or recorded both in an urban setting and in the countryside. It gives advice on the handling of archaeological remains and discoveries under the development plan and control systems, including the weight to be given to them in planning decisions and the use of planning conditions.
Managing
local authority heritage assets
About 17% of grade I and II* listed buildings at risk of loss from neglect
and decay are in the ownership of central or local government’
English Heritage Register of Buildings at Risk, 2002 - Understand the responsibility
of Local Government.
Building
Regulations and Historic Buildings - energy efficiency
New legislation makes it clear that the special characteristics of a historic building must be recognised.The aim of this revised part of the Building Regulations is to improve energy efficiency where practically possible, provided that this does not harm the character of the building or increase the risk of long-term deterioration to fabric or fittings.
English
Heritage Free Publications Online
English Heritage produces a wide variety of free publications with subjects ranging from repair, conservation and management of the historic environment to grants, funding and more general information on aspects of English Heritage's work.(over 1100 publications are available in a searchable database)
Treasure
Act 1996 Code of Practice (Revised) England and Wales
All finders of gold and silver objects, and groups of coins from the same finds, over 300 years old, have a legal obligation to report such items under the Treasure Act 1996. Now prehistoric base-metal assemblages found after 1st January 2003 also qualify as Treasure. The PAS site (this link) has explanations and links to the following:
Summary of the Treasure Act
Full version of the Treasure Act Code of Practice (revised) PDF 652KB
Treasure Act leaflet
Planning
for Archaeology and the Historic Environment
Factsheets written to provide information about the planning system in England with the goal of helping local groups and individuals interested in conservation of their local archaeological and historic heritage understand and become more involved in planning in their area.
Environmental
Stewardship (main site)
Environmental Stewardship is a new agri-environment scheme which provides
funding to farmers and other land managers in England who deliver effective
environmental management on their land. Its primary objectives are to:
Conserve wildlife (biodiversity)
Maintain and enhance landscape quality and character
Protect the historic environment and natural resources
Promote public access and understanding of the countryside
Natural resource protection
Maritime
and Intertidal Archaeology
The importance of the maritime and intertidal archaeology of Wales is emphasised
and the existing methods of protection described. Management of maritime archaeology
has particular problems and historically has suffered from lack of resources
in terms of suitably qualified practitioners and appropriate financial support.
Suggestions are made for further study and proposals made for strengthening
current weaknesses in the management of the maritime heritage.
Strategic
Environmental Assessment: Consultation Bodies' Services and Standards for
Responsible Authorities in Wales
This note describes the services and standards which Responsible Authorities
in Wales can expect from the Welsh Consultation Bodies (Cadw, Countryside
Council for Wales and the Environment Agency), when consulting in relation
to the European Directive 2001/42/EC on 'the assessment of certain plans and
programmes on the environment' (the 'SEA' Directive).
Welsh
Office Circular 1/98
Planning and the historic environment: directions by the Secretary of State
for Wales
Welsh
Office Circular 60/96
Planning and the Historic Environment - ArchaeologyThis pdf document is large and may be slow to download.
Welsh Office Circular 61/96
Planning and the Historic Environment: Historic Buildings and Conservation
AreasThe English version of this document is not available to download. CADW can email it to you on request.
Review of the System of Ecclesiastical Exemption in Wales
The report notes that there are different arrangements and procedures in Wales
in operating the ecclesiastical exemption, together with different practice
in the secular system. It concludes that it would appear advisable for the
exemption to remain for the immediate future.
'Planning
Policy Wales' (March 2002)
Current land use planning policy is contained in 'Planning Policy Wales' (March
2002) which provides the strategic policy framework for the effective preparation
of local planning authorities' development plans. This is supplemented by
20 topic based Technical Advice Notes (Wales) (TANs). Procedural guidance
is given in Welsh Office / National Assembly for Wales circulars. 'Planning
Policy Wales', the TANs and the circulars, may be material to decisions on
individual planning applications and will be taken into account by the National
Assembly for Wales and Planning Inspectors in the determination of called-in
planning applications and appeals.
Technical
Advice Notes
20 topic based Technical Advice Notes (Wales) (TANs).
Northern Ireland
Environment
and Heritage Service
Information on archaeological sites, historic monuments and buildings, industrial remains, designed historic landscapes and features of the shores and sea-bed. You can view information from the Historic Monuments Database and the Historic Buildings Database and find out about the Monuments and Buildings record.
Planning
Policy Statement 6: Planning, Archaeology and the Built
Heritage
Planning Policy Statement setting out the Department of Enviroments policy on the protection and conservation of archaeological remains and built heritage.
Historic
Monuments and Archaeological Objects
Historic Monuments have been protected by legislation since 1869. The current legislation is the Historic Monuments and Archaeological Objects (NI) Order 1995 - this is a link to the whole document.
Licenced
Archaeologist : Application to Excavate
To work in NI as a Site Director Project Manager you must be Licenced. This form allows you to apply for a licence to excavate - the more you work in NI the licence is easier to get. (every site must be licenced)
Article
42 of the Planning (NI) Order 1991
Article 42 of the Planning (NI) Order 1991 places a duty on the Department of the Environment (DoE) to compile lists of buildings of special architectural or historic interest. This function along with others associated with historic buildings is carried out by the Department's Environment and Heritage Service (EHS).