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[{TableOfContents title='A.5   Local authorities and planning'}]

!!!A.5   Local authorities and planning
One of the reasons why local authorities maintain records of the archaeological, built and natural environment is to regulate development and the use of land and to protect and enhance the environment of their local area. The implications of development proposals on the historic environment are assessed against the HER and specialist advice is given to development control officers within the local planning authority.

!!A.5.1 Development plans
Structure, local and unitary development plans are the main way that local authorities make sure that their conservation policies are integrated with other planning policies. Archaeology, buildings and natural environment information services should be consulted during the preparation of plans in line with PPG 12 ([DoE 1992a|Bibliography#DoE 1992a|target='_blank']) and [Planning Policy Wales (2016)|Bibliography#Welsh Government 2016|target='_blank'] (see [Panel 1|http://archaeologydataservice.ac.uk/ifp/Wiki.jsp?page=SectionA.4#section-SectionA.4-Panel1TheNationalLegislativeAndPolicyFrameworkForHERs|target='_blank']). In Scotland [SPP1 (Scottish Executive 2002)|Bibliography#Scottish Executive 2002|target='_blank'] states that one of the primary objectives of the planning system is “to maintain and enhance the quality of the natural heritage and built environment” (para.4), that planning should encourage sustainable development by conserving important historic and cultural assets (para. 7), and that the National Planning Policy Guidelines are a material consideration in development control (para. 51) – archaeology is covered by [NPPG 5|Bibliography#SDD 1994a|target='_blank'], whilst [NPPG 18|Bibliography#SDD 1999|target='_blank'] covers the Historic Environment. In particular, development plans should make reference to the existence of the HER and both Local Plans and Unitary Development Plans should state that the HER will be used in the assessment of development proposals. English Heritage has published guidance on conservation policies in both strategic and local plans in England ([English Heritage 1993|Bibliography#English Heritage 1993|target='_blank']). No equivalent existed in Scotland at the time of writing.

In September 2004, the [Planning and Compulsory Purchase Act|Bibliography#Planning and Compulsory Purchase Act 2004|target='_blank'] came into force. This requires Local Planning Authorities in England and Wales to have a Local Development Framework in place by Spring 2007. These will replace the existing system of Unitary Development Plans, Local Plans and Structure Plans. A [Guide for Heritage Groups on Local Development Frameworks|http://www.heritagelink.org.uk/docs/heritage_groups_guide.pdf] is available on the [Heritage Alliance web site|http://www.heritagelink.org.uk/|target='_blank']. In Wales Local Planning Authorities are required to prepare and maintain up to date ''local development plans''.  Policy on preparation of LDPs in Wales can be found in Chapter 2 of [Planning Policy Wales (Welsh Government 2016)|Bibliography#Welsh Government (2016)|target='_blank'], with practical guidance given in the [Local Development Plan Manual Edition 2 (Welsh Government 2015)|Bibliography#Welsh Government 2015|target='_blank'].

!Other plans and strategies
Local authorities also issue other plans, strategies and planning guidance, for example estuary management plans, minerals and waste plans, and rural strategies. Although some of these plans are not statutory, they do have significance and receive careful consideration from both planning authorities and planning inspectors (England and Wales)/ Inquiry Reporters (Scotland).

!!A.5.2 Planning advice

The information contained in HERs is used to form the basis of professional advice about the implications of proposed developments on the cultural heritage. This advice is given in the context of the planning guidance notes outlined below.

!Planning and archaeology
%%(text-decoration:underline)England/%: __[Planning Policy Guidance Note (PPG) 16 Archaeology and Planning|Bibliography#DoE 1990a|target='_blank']__ [(DoE 1990a)|Bibliography#DoE 1990a|target='_blank'] pulls together and expands existing advice within the current legislative framework. Planning authorities are recommended to make full use of the expertise of the county archaeological officer and to compile and maintain an HER as the basis for assessing the archaeological implications of development. Early consultation with county archaeological officers and the HER is recommended to reduce potential conflicts between the needs of development and archaeology.
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%%(text-decoration:underline)Scotland/%: __[National Planning Policy Guidance (NPPG) 5 Archaeology and Planning|Bibliography#SDD 1994a|target='_blank']__: ([SDD 1994a|Bibliography#SDD 1994a|target='_blank']) contains broadly similar recommendations. It sets out the Scottish Executive'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. More detailed advice on planning procedures and the separate controls over scheduled monuments is given in the associated [Planning Advice Note (PAN) 42 Archaeology - the Planning Process and Scheduled Monument Procedures (SDD 1994b)|Bibliography#SDD 1994b|target='_blank']
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%%(text-decoration:underline)Wales/%: __[Planning Policy Wales|Bibliography#Welsh Government (2016)|target='_blank']__ [(Welsh Government 2016)|Bibliography#Welsh Government (2016)|target='_blank'], and __[Welsh Office Circular 60/96 Planning and the Historic Environment: Archaeology|Bibliography#Welsh Office 1996b|target='_blank']__ ([Welsh Office 1996b|Bibliography#Welsh Office 1996b|target='_blank']): pull together and expand existing advice within the current legislative framework. Planning authorities are recommended to make full use of the expertise of the regional archaeological services provided by the Welsh Archaeological Trusts and where appropriate their own archaeological officers and to adopt the statutory HER as the basis for assessing the archaeological implications of development. Early consultation with archaeological advisors and the HER is recommended to reduce potential conflicts between the needs of development and archaeology.

!Development Plans
%%(text-decoration:underline)England/%: __[PPG12 Development Plans and Regional Planning Guidance|Bibliography#DoE 1992a|target='_blank']__ ([DoE 1992a|Bibliography#DoE 1992a|target='_blank']) provides guidance for the preparation of the various development plans and requires local planning authorities to take account of concerns for conservation of the environment and the built and archaeological heritage. There is no Scottish equivalent – see references to [SPP1|Bibliography#Scottish Executive 2002|target='_blank'] above in Development Plans.
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%%(text-decoration:underline)Wales/%: __[Planning Policy Wales|Bibliography#Welsh Government (2016)|target='_blank']__ [(Welsh Government 2016)|Bibliography#Welsh Government (2016)|target='_blank'] provides guidance for the preparation of the various development plans and requires local planning authorities to take account of concerns for conservation of the environment and the built and archaeological heritage.

!Planning and the historic environment
%%(text-decoration:underline)England/%: __[PPG15 Planning and the Historic Environment|Bibliography#DoE 1994a|target='_blank']__ ([DoE 1994a|Bibliography#DoE 1994a|target='_blank']) provides a full statement of government policies for the identification and protection of historic buildings, conservation areas and other elements of the historic environment.
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%%(text-decoration:underline)Scotland/%: __[NPPG 18 Planning and the Historic Environment|Bibliography#SDD 1999|target='_blank']__ ([SDD 1999|Bibliography#SDD 1999|target='_blank']); deals primarily with listed buildings, conservation areas, world heritage sites, historic gardens, designed landscapes and their settings. The primary source of guidance on the Scottish Ministers'  interests and responsibilities in relation to listed buildings and conservation areas is provided in the Memorandum of Guidance on Listed Buildings and Conservation Areas (revised 1998)
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%%(text-decoration:underline)Wales/%: __[Planning Policy Wales|Bibliography#Welsh Government (2016)|target='_blank']__ [(Welsh Government 2016)|Bibliography#Welsh Government (2016)|target='_blank'], __[Welsh Office Circular 60/96 Planning and the Historic Environment: Archaeology|Bibliography#Welsh Office 1996b|target='_blank']__ ([Welsh Office 1996b|Bibliography#Welsh Office 1996b|target='_blank']) and and __[Welsh Office Circular 61/96 Planning and the Historic Environment: Historic Buildings and Conservation Areas|Bibliography#Welsh Office 1996c|target='_blank']__ ([Welsh Office 1996c|Bibliography#Welsh Office 1996c|target='_blank']): provide a full statement of Welsh Government policies for the identification and protection of historic buildings, conservation areas and other elements of the historic environment.

In addition to the above, the value of HERs is recognised in a number of other Acts and government policy statements (see [Panel 1|http://archaeologydataservice.ac.uk/ifp/Wiki.jsp?page=SectionA.4#section-SectionA.4-Panel1TheNationalLegislativeAndPolicyFrameworkForHERs|target='_blank']) except in Scotland where the only reference to SMRs may be found in [Planning Advice Note (PAN) 42 (SDD 1994b)|Bibliography#SDD 1994b|target='_blank'], paras. 12-15.

!The journey from PPG 15 and 16 to the National Planning Policy Framework.
Planning Policy Statement 5 replaced [Planning Policy Guidance Notes 15|Bibliography#DoE 1994a|target='_blank'] and [16|Bibliography#DoE 1990a|target='_blank'] applied to all planning decisions affecting “Heritage Assets” taken after 23 March 2010.

English Heritage simultaneously published their “[Historic Environment Planning Practice Guide|http://www.historicengland.org.uk/images-books/publications/pps-practice-guide/]” which was mentioned in Paragraph 1 of PPS5 which says:

“Guidance to help Practitioners implement this policy, including the legislative requirements that underpin it, is provided in Planning for the Historic Environment Practice Guide.”

Underpinning the new policy guidance is the concept of “Heritage Asset”, which is defined:

“A building, monument, site, place, area or landscape positively identified as having a degree of significance meriting consideration in planning decisions. Heritage Assets are the valued components of the historic environment. They include Designated Heritage Assets (as defined in this PPS) and assets identified by the Local Planning Authority during the process of decision-making or through the plan-making process (including local listing).”

The final version of the [National Planning Policy Framework|http://www.communities.gov.uk/documents/planningandbuilding/pdf/2116950.pdf] was published, with immediate effect, on 27 March 2012. The withdrawn documents are listed at NPPF Annex 3, and include most, but not all, PPSs and PPGs, plus a range of other guidance documents, letters etc.  It is however a ‘Framework’ and will not stand alone.

For the moment, English Heritage have been advised that the “Historic Environment Planning Practice Guide” still stands.

!Adoption of the HER by the local authority
In England and Wales, HERs will normally be adopted by resolution by their local authority in line with the [Town and Country Planning (General Permitted Development) Order 1995|Bibliography#Town and Country Planning (General Permitted Development) Order 1995|target='_blank'] (see [Panel 1|http://archaeologydataservice.ac.uk/ifp/Wiki.jsp?page=SectionA.4#section-SectionA.4-Panel1TheNationalLegislativeAndPolicyFrameworkForHERs|target='_blank']). In the absence of statutory status for HERs in England, adoption goes some way towards ensuring the continuance of HER services and provides a useful way of explaining their importance to councillors.

!!A.5.3 Marine policy, planning and decision-taking
Major changes affecting the whole of the UK accompanied the [Marine and Coastal Access Act (MCAA) 2009|Bibliography#Marine and Coastal Access Act 2009|target='_blank'], which introduced a hierarchical system of marine planning and a comprehensive approach to the licensing of marine activities, both of which make explicit reference to the management of the historic environment. In addition, sections on nature conservation (marine protected areas) and the management of inshore fisheries also include provisions on the historic environment. The implementation of the MCAA 2009 varies between the home countries and is accompanied by equivalent provisions in the other ‘Marine Acts’: the [Marine (Scotland) Act 2010|Bibliography#Marine (Scotland) Act 2010|target='_blank']; and the [Marine Act (Northern Ireland) 2013|Bibliography#Marine Act (Northern Ireland) 2013|target='_blank']. Notwithstanding, the overall effect of the Marine Acts collectively is that in each home country the management of the marine historic environment has become much more firmly embedded in marine management as a whole.

For marine management purposes, the waters around the UK are split into Inshore Regions and Offshore Regions. Inshore Regions encompass tidal waters from the upstream tidal limit of rivers and estuaries, seaward to the limit of the UK Territorial Sea, which is generally 12 nautical miles (about 22 km) from low water. Offshore Regions extend from the limit of the UK Territorial Sea to the limit of the UK Continental Shelf, which may be 200 nautical miles or more from the coast.

UK-wide policy with respect to the historic environment is set out in the [UK Marine Policy Statement|Bibliography#HM Government 2010|target='_blank'] (UK MPS) which has statutory application throughout the UK:

''The view shared by the UK Administrations is that heritage assets should be enjoyed for the quality of life they bring to this and future generations, and that they should be conserved through marine 
planning in a manner appropriate and proportionate to their significance. Opportunities should be taken to contribute to our knowledge and understanding of our past by capturing evidence from the historic 
environment and making this publicly available, particularly if a heritage asset is to be lost.''

In support of the UK MPS, each home country is developing subsidiary (national or regional) marine plans that include policies on the historic environment. Like the UK MPS, the national/regional marine plans have statutory force with respect to decision-making by public authorities. In England, the first regional Marine Plan - the [East Inshore and East Offshore Marine Plans|Bibliography#HM Government 2014|target='_blank'] - was published in 2014. Marine Plans for the other English Inshore and Offshore Regions are in preparation.

Marine plan-making and decision-taking overlaps with land-based planning. The marine area includes everything below high water from the tidal limit of rivers downstream, whereas local authority areas extend to low water and across intervening river and harbour mouths. Between high water and low water, the two planning systems both apply. This can be an extensive area, especially as the upstream tidal limit of some rivers can be far inland. Both marine planning and land-based planning require integration with each other. Paragraph 105 of the NPPF requires:

''In coastal areas, local planning authorities should take account of the UK Marine Policy Statement and marine plans and apply Integrated Coastal Zone Management across local authority and land/sea boundaries, ensuring integration of the terrestrial and marine planning regimes.''

The historic environment is defined in the UK MPS as ‘all aspects of the environment resulting from the interaction between people and places through time, including all surviving physical remains of past 
human activity, whether visible, buried or submerged’.

Responsibilities for marine management are devolved, hence the implementation of marine planning and licensing relating to the historic environment is administered by the Marine Management Organisation 
(MMO) in England, Marine Scotland, Natural Resources Wales and the Marine Division of DOENI in Northern Ireland. Whereas in England and Scotland, the MMO and Marine Scotland are responsible for licensing 
in both Inshore and Offshore Regions, licencing in the Offshore Regions of Wales and Northern Ireland is administered by the MMO; Natural Resources Wales and the Marine Division of DOENI are responsible 
only for licensing in their respective Inshore Regions.
 
The marine planning and licensing agencies in each country obtain advice from the national heritage agencies. Generally, in England, Scotland and Wales the marine agencies do not currently maintain any 
archaeological advice internally; however, the Marine Division, DOENI has established its own heritage management post.

The Marine Acts require that a licence be obtained before carrying out a very wide range of marine activities. The obligation to abide by the UK Marine Policy Statement and marine plans, which include 
provisions on the historic environment, is such that licensing decisions need to take into account the possible effects of the proposed activity on the historic environment. This obligation is reinforced 
in the case of major schemes by the requirements of the EIA Directive. As a result, there is a comprehensive mechanism in place to address the implications of most activities incidentally affecting the marine historic environment.

In England and Wales, major infrastructure projects known as Nationally Significant Infrastructure Projects are subject to a different form of consent. Applications are examined by the Planning 
Inspectorate (PINS) and decisions are made by the Secretary of State responsible for the sector to which the project relates (e.g. in the Department for Transport (DfT) for ports; Department for Energy and 
Climate Change (DECC) for offshore wind farms). Consents relating to oil and gas are administered by DECC throughout the UK Marine Area.

Further provision for marine development has been made though a number of industry-based initiatives, including the JNAPC Code of Practice for Seabed Development and guidance notes for marine aggregates, 
offshore wind and wave and tidal energy (see [Panel|http://archaeologydataservice.ac.uk/ifp/Wiki.jsp?page=SectionA.5#section-SectionA.5-MarinePolicyPlansAndGuidance]).

!Local authorities and fisheries conservation

The MCAA 2009 made provision for Inshore Fisheries and Conservation districts (IFC districts) to be established to cover every local authority area that includes part of the seashore, and for the IFC districts to extend as far out across the Inshore Region as might be decided (usually 6 nautical miles - about 11 km). The MCAA 2009 provides that each IFC district shall have an Inshore Fisheries and Conservation Authority (IFCA). The IFCA is a committee of the local authority / authorities covered by the IFC district. IFCAs have a duty to manage the exploitation of sea fisheries, and to further the objectives of any Marine Conservation Zones, within their district. The IFCA must seek to balance the exploitation of sea fisheries with the need to protect and promote the recovery of the marine environment - which by virtue of s. 186(1) includes features of archaeological or historic interest - from the effects of such exploitation.

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%%panel-box
!Panel 2: Marine policy, plans and guidance

__UK Policy__

__''[UK Marine Policy Statement, 2010|Bibliography#HM Government 2010|target='_blank']''__: (UK) Sets out overarching policy for the UK Marine Area, including the historic environment.

__Marine Plans__

__''[East Inshore and East Offshore Marine Plans, 2014|Bibliography#HM Government 2014|target='_blank']''__: (England) Statutory marine plan for inshore and offshore waters between Felixstowe and Flamborough Head.

''Further Marine Plans are in preparation.''

__Codes and Guidance__

__''[JNAPC Code of Practice for Seabed Development, 2006|Bibliography#Joint Nautical Archaeology Policy Committee 2006|target='_blank']''__: (UK) Sets out best practice for addressing marine archaeology in the course of seabed development in broad terms.

__''[Marine Aggregate Dredging and the Historic Environment, 2003|Bibliography#BMAPA and English Heritage 2003|target='_blank']''__: (UK) Guidance on addressing the historic environment in the course of marine aggregate licensing and dredging.

__''[Historic Environment Guidance for the Offshore Renewable Sector, 2007|Bibliography#Wessex Archaeology 2007|target='_blank']''__:  (UK) General guidance on the historic environment for offshore renewables.

__''[Offshore Geotechnical Investigations and Historic Environment Analysis - Guidance for the Renewable Energy Sector, 2011|Bibliography#Gribble and Leather 2011|target='_blank']''__:  (UK) Specific guidance on the conduct of geoarchaeological investigations in connection with the development of offshore renewables.

__''[Model Clauses for Archaeological Written Schemes of Investigation - Offshore Renewables Projects, 2010|Bibliography#Wessex Archaeology 2010|target='_blank']''__:  (UK) Model clauses that can be incorporated into archaeological WSIs to accompany offshore renewable developments.

__''[Historic Environment Guidance for Wave and Tidal Energy, 2013|Bibliography#Firth 2013|target='_blank']''__:  (England, Scotland, Wales) Specific guidance on addressing the archaeological implications of wave, tidal range and tidal stream developments.

__Protocols for Discoveries__

__''[Marine Aggregate Industry Protocol for Reporting Finds of Archaeological Interest, 2005|Bibliography#BMAPA and English Heritage 2005|target='_blank']''__: (UK) Protocol for accidental discoveries made in the course of marine aggregate dredging.

__''[Protocol for Archaeological Discoveries: Offshore Renewables Projects (ORPAD), 2010|Bibliography#Wessex Archaeology 2010b|target='_blank']''__: (UK) Protocol for accidental discoveries made in the course of developing offshore renewables.

__''[Fishing Industry Protocol for Archaeological Discoveries (FIPAD), 2011|Bibliography#Wessex Archaeology 2011|target='_blank']''__: (UK) Pilot protocol for accidental discoveries made in the course of commercial fishing.
/%

A: Introduction to HERs#

B: How do you manage an HER?#

C: Recording practice guidelines#

D: How do you compile, maintain and enhance an HER?#

E: Characterisation and its uses in the HER#

F: Access to the HER#