We had to remove monument records from our database after information on the HER guided some illegal metal detectorists to a site, where they were caught in the act by a passing policeman. The landowner threatened to sue us for putting information on the internet which could be located to his land. It took a great deal of personal negotiation by the then county archaeologist to avoid this, but we had to remove all records from the land owned by this person.
Alison Bennett
Historic Environment Officer
at Place Services
Essex County Council
tel. 01245 437637
e-mail: [log in to unmask]
www: http://unlockingessex.essexcc.gov.uk
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-----Original Message-----
From: Issues related to Historic Environment Records [mailto:[log in to unmask]] On Behalf Of Rachel Grahame
Sent: 07 February 2013 10:10
To: [log in to unmask]
Subject: Re: HER permissions
Hi Jo,
As far as I know the issue of landowner's permission to record a site has never come up, and anyone who suggested it would probably be given very short shrift. How has this question arisen? If it was deemed necessary to seek a landowner's permission to record information relating to their property, the implications for both local and national government would be far greater than just what is recorded on the HER. Have you spoken to your legal department about this?
We do not have any written delegated authority to maintain the HER as it has not been formally adopted by our local authorities but we're looking to get this done.
Rachel
________________________________________
From: Mackintosh, Jo [[log in to unmask]]
Sent: 06 February 2013 17:15
Subject: FW: HER permissions
Dear all,
Appoligies for cross-posting, this also went out to ALGAO members this morning.
We believe we will soon be told to request permission from landowners prior to recording new sites in the HER. Do other host authorities make their HERs do this? Does anyone know where it says in the 'rules' that this is or isn't necessary? I've looked through IFP and MIDAS etc but can see no mention of this one way or the other (I see there's a field in HBSMR for ownership details but we don't use HBSMR and don't have this field. Is completing this field mandatory in HBSMR?).
Also, does anyone have written delegated authority to maintain their HER, ratified by their members/council? It's one of the benchmarks, but does anyone have the original agreement when their SMR/HER was first set up, or a later revision? I only have a very general understanding of how SMRs were originally set up, and we have nothing now on file that goes back that far.
All advice gratefully received, thank you.
Jo
Jo Mackintosh
Historic Environment Records Officer
Cumbria County Council
tel: 01539 713432
email: [log in to unmask]<mailto:[log in to unmask]>
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