Going over old ground

24 March 2003 by
Going over old ground

The problem You need more space - you want to expand the restaurant and perhaps add bedrooms - or you need cash and decide to utilise land that hasn't been used. Either way, you are looking to buy, sell or develop the adjacent land. While you are aware of the need for planning and building regulation consents, you may not appreciate that the local planning authority will consider the archaeological impact of the proposed works. This may have a major impact on the cost and timing of your project.

The law You do not have to be in Chester, Canterbury or York for archaeology to be a factor in planning applications. By law, archaeology has to be considered on every application. As the recent discovery of a Roman sarcophagus at Spitalfields in London illustrates, an unexpected archaeological find can be made on any site.

Almost anything, from any age, can be of "archaeological interest". This includes not just "ancient remains", but extends to standing buildings. Even if your property is not listed or located in a conservation area, you may find that industrial buildings, air-raid shelters or even a 1950s water fountain (as recently found in Battersea, London) could be considered of archaeological interest.

All this may lead you to conclude that the piece of land you initially considered a gold mine is, instead, a land mine - but help is at hand. Your first port of call should be the local county council (or English Heritage, if in London). By contacting it before submitting a planning application you can establish whether the land or buildings are registered on the Sites and Monuments Record (SMR). This lists those sites and monuments of archaeological interest.

The service is free and will provide an early indication as to whether archaeology is likely to be a factor. However, given that most archaeological sites are not scheduled, early contact with the planning authority is also advisable to assess initial archaeological implications.

If your site is archaeologically important, not only will site evaluations and reports be required, but the planning consent is likely to include archaeological "conditions". These may require further site investigation or preservation of the artefacts and remains, all of which will have to be funded by you as the "developer". Last year, the money put into developer-funded archaeology in Britain exceeded £100m, and this sum looks likely to rise.

Archaeological investigation is not limited to three days' field work, as suggested by TV's Time Team programme, so expect delays. The discovery of an 18th- or 19th-century cemetery during a recent development near King's Cross in London required the careful removal, recording and subsequent reburial of the remains, all of which was time-consuming and expensive.

As well as archaeological costs, you will incur the associated costs of a delayed project, while not being able to use the land to generate income.

However, all is not bleak, says English Heritage's Catherine Cavanaugh. "We're still always learning, and recognise there's a balance between the needs of development and those of conservation," she says. "It's about managing, not preventing, change."

But in a worst-case scenario, commercial insurance is available to cover against unexpected archaeological discoveries.

Check list * Before signing anything, contact the local planning authority (or English Heritage) to discuss the likely archaeological impact of your proposal.
* Contact the local planning authority to assess its requirements during the planning application process and during development. Factor this into your planned timing and costing.
* Keep your architect, builders, planning consultant and lawyers fully briefed on all archaeological aspects of your proposal.
* If you are buying a site, consider whether it needs to be conditional on a clear archaeological survey being carried out. This will depend on size and location. Take advice.

Beware! It is an offence to execute works which result in the destruction of, or damage to, scheduled monuments or sites of archaeological importance. Local authorities are encouraged to prosecute those responsible and seek fines which, depending on severity, can be in the thousands.

Contacts Chris Allan, property team, Fladgate Fielder 020 7323 4747

English Heritage 0800 093 6872

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