With the role HERs play in the NPPF, I don't see how a land-owner could block *recording* of a site - if the HER is to be consulted prior to development, then allowing land-owners to withhold information that would prevent development on their land strikes me as a pretty blatant conflict of interests. Publication of the data is a different matter - we have a fair few "confidential" reports that can't be put into the public domain (courtesy of the Duchy of Cornwall!) but they tend to relate to Events rather than Monuments.
Rod Millard
Historic Environment Record Officer
Planning and Transport Development
Bath and North East Somerset Council
PO Box 5006
Bath BA1 1JG
Tel: 01225 477653
Fax: 01225 477663
Email: [log in to unmask]
Web: www.bathnes.gov.uk/environmentandplanning/Archaeology
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-----Original Message-----
From: Issues related to Historic Environment Records [mailto:[log in to unmask]] On Behalf Of Mackintosh, Jo
Sent: 07 February 2013 11:19
To: [log in to unmask]
Subject: Re: HER permissions
Thank you all for your replies so far. I agree fully with all your comments; I don't see how we could maintain a comprehensive record of historic assets etc when there will be some landowners who, for whatever reason, won't wish others to know what may or may not be on their land.
I understand some information is too sensitive for full public access, but I always believed our duty of care was towards the archaeology not the owners. And as someone has rightly mentioned, trying to keep track of changing owners, and even getting access to ownership details in the first place, would take up all of my time and all of the HE service budget alone. It would be impossible to run a fair and transparent service imho.
This has come out of blue Rachel, and yes legal are involved. While not denying there is an undesignated monument on a piece of land, the landowner is annoyed that I've created a record for it without getting prior permission. I've worked in HERs for about 13 years and don't remember this cropping up before. Unfortunately, now that I need it, I can't find anything actually written down on paper to justify why I don't need their permission.
Jo
-----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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