Letter Bombs
DON'T WORRY ABOUT
CHALLENGES TO PPG16!
Some readers of The Digger have expressed
concern about possible legal challenges to PPG16 because
it is only planning guidance. Well, so are all PPGs
(Planning Policy Guidance) which cover the whole planning
system. However, it is not just PPG16 that gives archaeology
its place in planning. Archaeological Policies are found
in County Structure Plans and Local Plans which have
been adopted by locally elected members of County and
District councils. These plans are the basis on which
planning decisions are made and therefore carry weight
in planning applications or appeals.
The concept that a developer can 'win the right not
to deal with archaeology in a court' doesn't fit very
well with the planning system as it is not normally
a judicial matter. Developers can argue not to have
evaluations prior to determination of planning applications
and this does happen frequently. However, that decision
is up to the elected members or a delegated planning
officer not a court. Also a developer could appeal against
an archaeological condition placed on a permission but
as long as the reasons for the condition are sound,
a planning inspector is likely to dismiss the appeal
and uphold the condition.
Very rarely have developers argued that archaeology
should not be a consideration in a planning proposal
and won, and that is only when the elected members believe
that the reasons for the development outweigh any archaeological
issues. However, these are not really precedents as
every planning case is unique. Although some Planning
Inspectors have ignored archaeology or removed conditions
it is far more common for inspectors to place conditions
on appeals found in the developers favour.
Many Local Plan Policies have been tested in appeal
situations and been upheld so don't worry too much about
PPG16. It is as robust as any other PPG. Interestingly,
PPG16 is currently under review. It is expected to remain
basically the same with some of us hoping the words
‘research’ appear in the new version!
Useful Links
PPG
16 document
PPG
16 guide
PAN
42 (scottish guidance)
October
2004
