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8 Archaeology and Cultural Heritage SECTION 8: ARCHAEOLOGY AND CULTURAL HERITAGE Environmental Statement Beorma Quarter (Phase 2 & 3), Birmingham 8 Archaeology and Cultural Heritage 8.1 Introduction The purpose of this chapter is twofold: firstly, to weigh the likely occurrence, level of survival and significance of the buried archaeological resource so that any impact on that resource may be appropriately assessed and where necessary mitigated, and secondly, to assess the impact of the proposals upon the special architectural or historical interest of designated and non-designated heritage assets which will potentially be affected by the development. The site lies partly within the 12th century medieval core of Birmingham and has been the subject of previous assessments through research and trenching as well as adjacent excavations. These have demonstrated that archaeological deposits of medieval date survive within the area of the proposed development. Furthermore there are buildings (or facades of buildings) of special architectural significance attached to the development site which must be protected or enhanced. This chapter sets out the baseline conditions in these regards and how these conditions may be changed by the proposed development. This ES chapter is supported by a series of figures presented in Appendix 8. 8.2 Legislation and Policy Context 8.2.1 National Policy National Planning Policy in England is set out in the National Planning Policy Framework (NPPF) published in March 2012. Guidance to help practitioners implement this policy, including the legislative requirements that underpin it, is provided in National Planning Practice Guidance Suite (March 2014) and Planning for the Historic Environment: Historic Environment Practice Guide (English Heritage 2010), produced to support the previous Planning Policy Statement 5. Planning policy refers to ‘heritage assets’ and the policies relating to designated heritage assets are intended to apply equally to all types of designation. The policies in the NPPF are a material consideration that must be taken into account in development management decisions and in development of Local Plans, where relevant. Therefore, the development management policies in the NPPF can be applied directly by the decision-maker when determining whether development should proceed. 014-1309 Revision 00 July 2015 Page 8-1 SECTION 8: ARCHAEOLOGY AND CULTURAL HERITAGE Environmental Statement Beorma Quarter (Phase 2 & 3), Birmingham The NPPF supports a presumption in favour of sustainable development, and sets out the definitions of sustainability including protecting and enhancing the historic environment. P131 of the NPPF states that “In determining planning applications, local planning authorities should take account of: The desirability of sustaining or enhancing the significance of heritage assets and putting them to viable uses consistent with their conservation The positive contribution that conservation of heritage assets can make to sustainable communities including their economic vitality; and The desirability of new development making a positive contribution to local character and distinctiveness” P132 states that “great weight” should be given to the conservation of the significance of designated heritage assets and that harm to this significance (either through alteration or destruction of the asset or through development within its setting) requires “clear and convincing justification”. The harm or loss needs to be outweighed by the public benefits of the proposed development and “substantial harm to or loss of a grade II listed building, park or garden should be exceptional. Substantial harm to or loss of designated heritage assets of the highest significance, notably scheduled monuments, protected wreck sites, battlefields, grade I and II* listed buildings, grade I and II* registered parks and gardens, and world heritage sites, should be wholly exceptional”. English Heritage has issued detailed guidance on the “Setting of Heritage Assets” (2011). This guidance is based on the policies set out in PPS5 and on principles and guidance already issued by English Heritage in the “Historic Environment Planning Practice Guide” (2010) and “Conservation Principles: Policies and Guidance for the Sustainable Management of the Historic Environment” (2008). Circular 01/01: Arrangements for handling heritage applications - notification and directions by the Secretary of State provides valuable guidance on the requirements of applications involving architecturally or historically sensitive structures and the Secretary of State’s powers of direction are still in operation and will be used by BCC in assessing submissions. 8.2.2 Regional Policy Regional planning policies were abolished in March 2013. 014-1309 Revision 00 July 2015 Page 8-2 SECTION 8: ARCHAEOLOGY AND CULTURAL HERITAGE Environmental Statement Beorma Quarter (Phase 2 & 3), Birmingham 8.2.3 Local Policy City wide policies (Archaeology Strategy 2004) POLICY 1 – Archaeological research frameworks and agendas: The City Council’s response to development proposals affecting archaeological remains will have regard to national and regional archaeological research frameworks and agendas. POLICY 2 – Involvement of Planning Archaeologist: The City Council will ensure that the Planning Archaeologist is involved in pre- or post- application discussions on proposals where there are archaeological implications. POLICY 3 – Advice on archaeological requirements: The City Council will prepare briefs for archaeological work required as part of the planning process, will advise on the fitness for purpose of proposals for archaeological work, and will monitor archaeological work. POLICY 4 – List of contractors and consultants: The City Council will maintain a list of archaeological contractors and consultants known to be able to undertake archaeological work in accordance with briefs prepared by the Council POLICY 5 – Sites and Monuments Record: The City Council will maintain a Sites and Monuments Record in accordance with recognised best practice and keep the record updated and will make summary information from this accessible on the Internet, and will develop a Historic Environment Record. POLICY 6 – Planning documents: As part of its guidance to potential developers the City Council will ensure that known and potential archaeological implications are properly included and clearly stated in any city-wide or site-specific supplementary planning guidance and other planning policy it prepares, such as local action plans, development briefs and local development documents. POLICY 7 – Professional standards: The City Council will expect all archaeological work in the City to be undertaken in accordance with the Code of Conduct, Standards and Guidance of the Institute of Field Archaeologists to ensure that it is consistent with best professional practice. 014-1309 Revision 00 July 2015 Page 8-3 SECTION 8: ARCHAEOLOGY AND CULTURAL HERITAGE Environmental Statement Beorma Quarter (Phase 2 & 3), Birmingham POLICY 8 – Assessment and evaluation: Where existing information suggests that a proposed development is likely to affect archaeological remains, above or below ground, the City Council will require a Planning Application, application for Listed Building Consent or application for Conservation Area Consent to be accompanied by an archaeological assessment, normally including an archaeological evaluation, depending on the extent of proposed development and the archaeological sensitivity of the location. Such information should also include details of appropriate mitigation measures. The application will be refused if this information is not submitted. POLICY 9 – Archaeology and Environmental Impact Assessment: Where scoping has identified that archaeological remains are likely to be affected by a proposed development, an Environmental Impact Assessment which does not contain an adequate assessment of the archaeological impact of the proposed development and proposed mitigation measures will not be acceptable. POLICY 10 – Archaeological remains of national importance: The City Council will seek advice from English Heritage where it considers that archaeological remains affected by development proposals are of national importance and will consult English Heritage on specialist areas such as archaeological science and unusual site types. POLICY 11 – In-situ preservation of archaeological remains: The City Council will encourage innovative design to ensure in-situ preservation of archaeological remains as part of new development. POLICY 12 – Preservation in situ and preservation by record: Where the City Council considers that preservation in situ of archaeological remains which are not of national importance is appropriate and feasible, it will require design which ensures this. Where it considers that preservation of archaeological remains by record is acceptable because preservation in situ is not feasible or necessary, or there is an opportunity for enhancing knowledge of particular areas or periods, the City Council will require archaeological mitigation measures which maximise the return of archaeological information. Innovative approaches to achieve this will be encouraged. 014-1309 Revision 00 July 2015 Page 8-4 SECTION 8: ARCHAEOLOGY AND CULTURAL HERITAGE Environmental Statement Beorma Quarter (Phase 2 & 3), Birmingham POLICY 13 – Post excavation analysis and publication: Where the City Council considers that preservation by record of archaeological remains is acceptable and it imposes
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