The Indiana Jones effect: What developers need to know about archaeological remains on a site – Kuzmis

And yet the discovery of archaeological remains when preparing the site for construction can have major implications for property developers. It’s therefore important for developers to fully understand the possible consequences of finding historical artifacts.

Addressing archaeological concerns proactively is essential not only from a regulatory standpoint but also to ensure the preservation and potential enhancement of the nation’s heritage, which while it might not be at the forefront of the developer’s mind, all improves our collective understanding of the past (and the developer may even get a name check in a museum).

The Chartered Institute for Archaeologists (CIfA) stresses that the main thing that planning applicants can do is to prepare for archaeological implications as early as possible. This minimises risk and maximises opportunity to create benefit. Only four per cent of planning applications in 2019 (the most recent figures available) had archaeological implications and fewer than 0.01% of planning applications had archaeological concerns used as a reason to recommend refusal. The reality is that archaeology almost never stops development unless developers have completely failed to consider it.

Legislation and guidance

The National Planning Policy Framework (NPPF) is key, and developers should ensure they understand it. This sets out the government’s requirements for the historic environment in England. Within the NPPF, developers are required to record and preserve archaeological sites affected by their developments.

Other legislation of note includes the Ancient Monuments and Archaeological Areas Act (1979); Listed Building and Conservation Area Act (1990); Planning (Listed Buildings and Conservation Areas) Act 1990 and Town and Country Planning Acts, which may require developers to undergo an archaeological assessment.

Before starting a development in an area where archaeological finds are likely, the developer should undertake a desk-based assessment (DBA). This involves gathering existing information on the site’s potential archaeology. In addition, a geophysical survey uses ground sensors to detect archaeological remains unobtrusively; it can provide a clearer picture of what lies beneath a site without any digging. Meanwhile, digging small trenches in areas of potential interest can provide direct evidence of archaeological remains.

It’s also advisable to consult with the Local Planning Authority’s (LPA) archaeological adviser or County Archaeologist as they can provide insights into the archaeological potential of the site. It’s often a good idea to establish a working relationship with these authorities, as they can be instrumental in guiding the developer through the archaeological processes.

If instructed to do so by the local planning department, the developer should commission an accredited professional archaeologist to formulate a plan for assessment of archaeological remains on a site and help manage any subsequent planning requirements. CifA has a register of accredited organisations and individuals who can help steer the developer through the process, ensuring all legal obligations are met and potentially valuable finds are appropriately handled.

Unexpected finds

If, during the development, significant historical artefacts or human remains are uncovered, then this could well affect proceedings. It’s vital that the developer’s team know of the protocol in such instances: it may be necessary to halt work immediately and notify the appropriate authorities.

Sometimes, the best course of action is to keep archaeological remains where they are found, especially if they are of significant importance. In other cases, remains may need to be excavated and recorded. Once recorded, the development can often proceed.

Once excavation is complete, there’s often a requirement for post-excavation assessment, analysis, archiving, and publication. This is to ensure the results of the work are made available to the public and professionals.

It goes without saying that archaeological work can extend project timelines, so it’s essential that the developer factors this into their planning and budgeting processes. While a few specialist insurers can provide Unexpected Archaeological Discovery Insurance, it can be extremely expensive and hard to secure.

Thinking positively

Developers shouldn’t assume that digging up something from the past will only have negative implications for the project; there can be some positive PR to be gained. Engaging with the local community and explaining the archaeological process can be beneficial, while open days, site tours, or talks can foster positive relations and enhance the public’s appreciation of their local history. If significant finds are made, the developer should consider ways they can be incorporated into the development, perhaps in public displays or as part of the design.

Also, archaeologists will normally only have a small window in which to do their work, which means that they have to be selective in what they attempt to discover and recover. Developers shouldn’t assume any finds will automatically mean months of people on their hands and knees, gently brushing away the soil, while costs and delays continue to mount up.

It’s also worth understanding that many requirements set out in the NPPF are not applicable if the development falls under Permitted Development rules, as they do not require the same level of scrutiny that accompanies a planning application.

The key to successfully navigating archaeological issues is to approach them proactively, understand the legal and regulatory framework, and engage with professionals and the community. The UK’s rich archaeological tapestry can be a challenge for developers but also presents an opportunity to contribute positively to our collective understanding and appreciation of the past.

Finally, I’d like to express a huge thank you to Tim Eastment at Iesis Ltd for providing valuable insight for this article.