Professional Documents
Culture Documents
Introduction
RESCUE welcomes the opportunity to comment on the White Paper Heritage protection for
st
the 21 century. This response summarises the views of RESCUE – The British Archaeological
Trust alone, but as members of Heritage Link we also support the views expressed in the document
compiled by Heritage Link with the participation of its members.
We particularly welcome the following proposals as representing the achievement (in part or
in full) of issues that have concerned RESCUE and other heritage organisations for a number of
years:
• The creation of a unified system for national designation to replace the current categories of
listing, scheduling and registering
• The devolution of the responsibility for designation from the Secretary of State to English
Heritage
• The creation of a statutory status for Historic Environment Records (HER) with the scope
described in section 1.4 paragraphs 20-23
• The revocation of Class Consent number 1, in respect of archaeological sites on cultivated
land
• The removal of the defence of ignorance in respect of an area which receives statutory
protection through the scheduling process in relation to unauthorised works
• The expansion of the definition of archaeological monuments to include those relatively
ephemeral sites of early human activity which do not include permanent structures
The details of these and other proposals are considered in detail below, along with our
concerns about the practical implementation of the proposals and the absence of policies pertaining
to other aspects of the historic environment.
General issues
There are a number of important issues which occur repeatedly in relation to different parts of
the White Paper and in order to avoid undue repetition these are summarised here, with reference
made as appropriate to the relevant sections of the document.
Resources
While the White Paper outlines a number of changes to the present system which we can
support, the major omission is any reference to an increase in resources which will be needed to
underpin and support the proposals if they are to be implemented effectively. This is particularly
critical in two areas; funding for English Heritage and funding for local authorities.
English Heritage has seen progressive and crippling cuts to its budget over the last decade
with a consequent decline in staff numbers and an increase in the workload for those who remain.
Changes to the roles played by English Heritage are outlined at various points in the document
(including section 1.1 paragraphs 27&28, section 1.2 paragraph 26, section 1.3, paragraph 37, section
1.4 paragraphs 15 and 24) but we are concerned that these are not matched by an explicit
commitment to the increased funding which will be necessary if these are to be implemented
efficiently and comprehensively. We would expect to see this matter addressed as a matter of
urgency as it underpins much else that is proposed in the White Paper. We would draw attention
particularly to the resource implications of the new designation process and the expansion of HELM.
At the same time, we note the ongoing decline in English Heritage’s ability to promote and to
undertake the kind of basic research and investigation which is impossible within the commercial
sector but which is nevertheless vital if archaeology is to fulfil its potential as a dynamic sector of the
economy and of society.
RESCUE has drawn attention to the problems in the funding of heritage services by local
authorities on numerous occasions over the last ten years but unfortunately the Government has not
seen fit to take steps to remedy these. Currently heritage services are amongst the first to be the
victims of financial cuts in the annual review of local authority spending, as evidenced by the decline
in the numbers of Conservation Officers and SMR/HER officers across the country. While we
welcome the commitment to make the provision of a Sites and Monuments Record / Historic
Environment Record a statutory responsibility on local authorities (section 1.4 paragraph 19), we are
concerned that without a commitment to an increase in financial support for this initiative, local
authorities will oppose this vital reform or will fail to allocate sufficient resources for the creation of
adequate heritage protection services. We note the positive reference (section 1.4, paragraph 22) to
the need for ‘skilled curatorial staff’ and suggest that what is required is a revision of section 1.4,
paragraph 19 to read ‘a statutory duty for local authorities to maintain or have access to a historic
environment service including a HER’.
Specific comments
In addition to the general points made above and our responses to the three specific questions
posed in section 4 (which are discussed below), we have a number of observations on the details of
the White Paper which are best dealt with section by section.
• A new and comprehensive national register of historic sites and buildings in Wales
(paragraphs 20 & 21);
• The inclusion of registered parks and gardens on the statutory list (paragraph 20);
• The bringing of the control of the demolition of locally listed buildings within the
development control sphere (paragraphs 31 & 32)
• We are as keen to see the introduction of statutory HERs in Wales as we are in England and
have the same concerns regarding the organisation of HER provision in Wales as are outlined
for England. In particular we note the phrase ‘through the agency of others’ (paragraph 38)
in relation to HER provision. We would reiterate our concerns around the provision of
historic environment services on a commercial basis and are of the opinion that such HER
services and, in particular planning advice should remain in the public sector in order to avert
any danger of a conflict of interest within commercial firms.
RESCUE remains concerned over a number of issues. These include the following:
• Battlefields (paragraph 21); we do not understand why it should be more difficult to identify
and protect Welsh battlefields than it is English battlefields and we would expect similar
levels of protection to be applied to both, whichever side of the border they lie on.
• Ecclesiastical exemption (paragraph 33); as outlined in the case of England, RESCUE does
not support the treatment of ecclesiastical properties as a ‘special case’, given recent
controversies over the apparent failure of the ecclesiastical authorities to understand or make
provision for adequate archaeological intervention in a number of high-profile situations. We
feel that the same principle applies in Wales as in England with respect to the Ecclesiastical
Exemption.
Specific points
The following sections address points made in specific parts of the White Paper. The
majority are specific to the marine environment, but we would draw attention to the point made in
relation to paragraph 32 concerning the desirability of bringing the Portable Antiquities Scheme in
line with the Merchant Shipping Act 1995 and making the reporting of antiquities a legal
requirement.
Paragraph 2; The Marine White Paper will set out proposals to put in place a better system for
delivering sustainable development of the marine and coastal environment, addressing both the use
and protection of marine resources, while deriving sustainable economic and social benefits
RESCUE is concerned at the absence of any specific mention of either heritage or
archaeology in this section. Sustainable development, while it carries many positive overtones and
associations, should be defined more closely in order to allay suspicion that such phraseology may
conceal the fact that it can be used to relegate the marine historic environment to a relatively
insignificant position in relation to other concerns. As we have pointed out elsewhere, much in the
White Paper depends upon a demonstrable commitment to inter-departmental consensus and
agreement (joined-up government) and we are concerned that DEFRA and the Ministry of Defence
may not be as fully supportive of the concern for the historic environment as might be hoped. We
look for much greater clarity and inter-departmental commitment to the principles of the White Paper
in this respect.
Paragraph 4; We will bring forward legislation to enable the designation of a broader range of
marine historic assets, including built structures, archaeological sites, and the sites of wrecked
vehicles, vessels or aircraft
While RESCUE welcomes this statement, it does appear to overlook the point (made above)
that legislation already exists which could be used to protect sites and monuments within the marine
environment but which has rarely been used for this purpose. We have yet to be convinced that new
legislation will succeed where the existing legislation has failed, i.e. at the point of enforcement.
Paragraph 7 … there will be no age limit for marine historic assets to be considered for designation
While this is a welcome commitment in principle it diverges from general international
practice, which is to universally designate all sites after a set time period (varying across the globe
between 25-150 years). RESCUE suggests that the White Paper offers an excellent opportunity to
enforce statutory, universal protection for all sites in UK waters over a specified age.
Paragraph 8 Designation decisions will be based on the most appropriate management regime for a
marine historic asset, not simply on its ‘special interest’ alone.
The form of words employed in paragraph 8 is of considerable interest and some concern. It
could be taken to mean that there will be a measure of joined-up thinking applied to marine assets.
RESCUE would encourage this and would link it with the need to consider how about how
archaeological sites above and below water relate to one-another. This could lead to the formulation
of a genuinely innovative and useful strategy involving the marine historic environment which would
be a significant step forward. Conversely it could open the way to allowing discretionary actions
which could imperil the marine historic environment if notions of ‘strategic value’ (which may be
defined in very different ways by individual interest groups) are automatically allowed to supersede
considerations of heritage value.
Paragraph 9 There will be no grading regime for designated marine historic assets
RESCUE understands the issues that lie behind this decision but believes that it highlights the
need for investment in basic research and recording within the marine historic environment in order
to establish parameters for assessing relative importance. Such investment would allow decisions as
to the treatment of specific sites or areas to be arrived at on an informed basis, rather than as
reactions to specific threats. This would, we suggest, go some way to moving towards parity in the
treatment of terrestrial and marine heritage assets.
Paragraph 12; The designation system will continue to cover the territorial waters of the UK.
Beyond this limit, the Government is aware of the challenges facing the protection of underwater
cultural heritage and is keen to ensure that underwater archaeological projects concerning British
heritage are carried out according to best practice.
RESCUE considers that this statement carries the implication that the UK will sign the
UNESCO Convention on the Protection of the Underwater Cultural Heritage. We look forward to
hearing an explicit commitment to this course of action from the Government at the earliest
opportunity.
Paragraph 13; A more coherent and simpler system for designating marine historic assets that will
improve integration between coastal and marine historic environments
Paragraph 17 we will bring forward a system of interim protection for marine historic assets when
they are being considered for designation
While RESCUE is keen to see improvements in the present system along the lines outlined in
paragraphs 13 and 17, it is not clear who will be responsible for devising these new schemes (see
comments on paragraphs 5 and 6). We would hope and expect that English Heritage, in consultation
with other stakeholder groups, would take the lead in this matter and we look forward to clarification
of this point.
Paragraph 19; In England and Wales, information on designated Marine Historic Assets will be
recorded through the new Registers of Historic Sites and Buildings of England and Wales
respectively, and made available on-line through the England and Wales Heritage Gateways. In
Scotland, this information will be added to the database of the Royal Commission on the Ancient and
Historic Monuments of Scotland and made available through the PASTMAP website. In Northern
Ireland this information will be made available on the Environment and Heritage Service website.
Coastal local authorities will be encouraged to incorporate information on marine historic assets
into their Historic Environment Records.
RESCUE is pleased to be able to welcome this initiative, but we note that there is an urgent
need for a national programme for the recording of the marine historic environment in order to raise
the standard of the existing record to that of terrestrial records, as noted above with reference to
paragraph 3.9.
Paragraph 21 The ACHWS will be tasked with a more strategic advisory role and will also be asked
to provide advice, where necessary, to the UK Government on the protection and management of
marine historic assets beyond territorial waters, including British wrecks in international waters.
RESCUE welcomes this commitment and notes that it ought to prompt the government to
take the essential initial step of signing the UNESCO Convention discussed in relation to paragraph
12. We would also urge a much greater degree of inter-Ministry involvement in order to prevent a
repeat of the case of the Sussex through which an agency of the Ministry of Defence is profiting
financially from the looting of a British wreck by a foreign commercial organisation.
Paragraph 24; We will consider the scope for a system of licensing that provides a range of controls
for activities in designated areas in order to reflect the management needs of a particular site. This
might mean, for example, that a lithic scatter or submerged fishtrap may not always need the same
level of protection as a complex wreck site and there would be scope for more activities to be
allowed on less vulnerable sites’.
RESCUE is concerned that this proposal will lead to decisions regarding historic marine
assets which do not take sufficient account of the archaeological or historical significance of a
specific asset. A clearer commitment to the marine heritage is expected here and its absence raises
some of the same concerns as were outlined in our response to paragraph 2, above
Paragraph 25; As an alternative to individual licence applications, we will also introduce provision
for more flexible voluntary management agreements for sites. These will allow various stakeholders
to take part in voluntary agreements which would aid better and more streamlined management of
sites. As with management agreements on land’
RESCUE notes that this proposal owes much to the existing ‘Adopt-a-Wreck’ scheme
administered by the Nautical Archaeology Society and the Receiver of Wreck. If this scheme is to
be formally recognised and, most importantly, funded, then RESCUE welcomes the commitment
enthusiastically.
Paragraph 32 In order to ensure that reports of marine historic assets are dealt with as a priority we
intend to place a new statutory duty on the Receiver of Wrecks in relation to her duties under the
Merchant Shipping Act 1995.
RESCUE welcomes this commitment, but notes that to make heritage protection seamless
across the UK, it will also be necessary to make the reporting of finds to the Portable Antiquities
Scheme (PAS) a legal requirement. If this were to be enacted then all materials recovered from land
and sea that are subject to the payment of a reward (for whatever reason) would be automatically
required to be reported to the appropriate body. This would result in a net inflow of data to the
Historic Environment Records to the benefit of the entire country. Such a requirement would
dissolve the legislative boundaries between PAS and the reporting of marine finds under the
Merchant Shipping Act 1995 and would remove one of the major failings of the PAS, its voluntary
nature.
Question 1 Should Conservation Area Consent be removed as a specific consent and merged with
planning permission
Although this may appear to be a sensible clarification or streamlining of consent processes,
RESCUE believes that there is a danger that if enacted, it might further reduce the input of qualified
and experienced heritage professionals into the planning process, reflecting the ongoing decline in
the levels of Conservation Officer staffing within local authorities. If the historic environment is to
be recognised as a core asset in terms of contributing to a sense of place, cultural identity and the
overall character of places (where the term ‘place’ is used in the sense set out in the English Heritage
Conservation Principles document) then local authorities need adequately staffed and resourced
Historic Environment Services rather than simply access to a basic Historic Environment Record.
Question 2 Should there be new statutory guidance promoting pre-application assessment and
discussion for all major planning applications which may affect historic assets
RESCUE would support the introduction of statutory guidance in this area as it will
effectively extend the advice currently given under the auspices of PPG 16 from archaeology to
listed buildings. Our major concern is that consultation at this stage must be sufficiently broad to
avoid the impression of a ‘stitch up’ by the time the planning application becomes public. This will
require developers to recognise their obligations to the wider community and to cease to use the ill-
defined but presently powerful defence of ‘commercial confidentiality’ in order to protect their
decisions from legitimate scrutiny by the public and by agencies responsible to the public.