Check on heritage assets when developing land
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If you're
planning on developing land and seeking planning permission for
your new project, don't forget to find out if there are any
heritage assets at the site.
And the sooner the better.
Under Planning Policy Statement 5: Planning for the Historic
Environment (PPS5)* all applicants are required to assess the
significance of heritage assets. Dealing with them to the
satisfaction of the local planning authority can be costly, both in
terms of money and time.
Although historic buildings or monuments on your site may be
obvious, the definition of 'heritage assets' includes any 'site,
place or landscape which is positively identified as having a
degree of significance meriting consideration in planning
decisions'. It's very easy to overlook these assets, particularly
if they have archaeological significance and are hidden
underground.
Public records will provide an understanding of the history of
your site but if necessary, expert advice can be sought, says
Catherine. If it turns out that there's an archaeological interest,
a local authority will need a full report on the available
published data and possibly a small excavation of the site - both
of which would need to be commissioned from a professional
archaeologist.
It's rare that heritage assets are considered too important to
allow a development to proceed but planning permission might come
with certain conditions relating to specific assets.
Where the potential for significant archaeology has been
identified, these conditions could range from a watching brief by
the archaeologist to a full-scale site excavation. In all cases the
work would require a published report.
Costs for each phase of dealing with heritage assets need to be
factored in to a project.
Conditional contracts or option agreements can be drafted to
include provisions allowing the purchaser to have access to the
land to carry out a field evaluation in addition to the usual soil,
water and environmental tests.
The results of such an evaluation could then be taken into
account in assessing market value. The significance of heritage
assets, particularly archaeological remains, won't always be
ascertainable before excavation and it may be appropriate to allow
for additional indemnity provisions, possibly backed by a
retention, 'an escrow' account or another form of security.
Tuesday, March 08 2011
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