Or equally if it comes up for inclusion in an AE scheme - requiring HER (or derived) data. Presumably no agreement could be made..
miles
-----Original Message-----
From: Issues related to Historic Environment Records [mailto:[log in to unmask]] On Behalf Of Rachel Grahame
Sent: 07 February 2013 12:11
To: [log in to unmask]
Subject: Re: HER permissions
Hmm, I would have thought legal should be able to find enough in the NPPF, despite its woolliness, to suppport you, and I'd say that's definitely their job, not yours, para 169 in itself should be enough. This also raises the question of what happens if a landowner manages to prevent an HER recording sites on their land, and it subsequently comes up for development - as there is effectively no HER to consult, the NPPF cannot be adhered to, the planning authority cannot fulfil their obligations, and no planning consent can be given?
Rachel Grahame
Archaeologist (HER)
Tees Archaeology
________________________________________
From: Issues related to Historic Environment Records [[log in to unmask]] On Behalf Of Mackintosh, Jo [[log in to unmask]]
Sent: 07 February 2013 11:18
To: [log in to unmask]
Subject: Re: [HERFORUM] 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
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