ABSTRACT

The planning Acts state that ‘development’ needs planning permission, the implication being that if operations or works are not development they do not need permission. And if they do not need permission the developer can proceed with proposals thereby avoiding any delay caused by the planning process. It means that conditions relating to an archaeological investigation cannot be attached to a developer’s proposals who can proceed unencumbered by planning restrictions requiring an excavation to be undertaken. Not surprisingly it is an area important to many developers.