A96 Dualling Inverness to Nairn (including Nairn Bypass) DMRB Stage 3: Environmental Statement Appendix A14.1: Cultural Heritage Desk-Based Survey A14.1: Cultural Heritage Desk-Based Survey 1 Introduction 1.1 This report presents the results of a cultural heritage desk-based survey undertaken to inform the Chapter 14 (Cultural Heritage) of the A96 Dualling Inverness to Nairn (including Nairn Bypass) Design Manual for Roads and Bridges (DMRB) Stage 3 Environmental Impact Assessment (EIA). 2 Background to the Proposed Scheme 2.1 Jacobs has been commissioned by Transport Scotland to undertake a DMRB Stage 3 Assessment of improvements to the A96 Aberdeen to Inverness Trunk Road from Inverness to the east of Auldearn (hereafter referred to as the proposed Scheme). 2.2 Further information on the proposed Scheme is provided in Chapter 4 (The Proposed Scheme). 3 Aims and Objectives 3.1 The historic environment is recognised as comprising all aspects of the environment which have resulted from the interaction between people and places through time. Under the guidance provided by DMRB Volume 11, Section 3, Part 2, HA208/07: Cultural Heritage (Highways Agency, Transport Scotland, Welsh Assembly Government and The Department for Regional Development Northern Ireland 2007) (hereafter DMRB HA208/07), cultural heritage has been considered under the following three sub-topics as defined in DMRB HA208/07: Archaeological Remains - the material remains of human activity from the earliest periods of human evolution to the present. These may be buried traces of human activities, sites visible above ground, or moveable artefacts. Archaeological Remains can encompass the remains of buildings, structures, earthworks and landscapes, human, animal or plant remains, or other organic material produced by or affected by human activities, and their settings. Historic Buildings – standing historical structures that are usually formally designed or have some architectural presence. These may include structures that have no aesthetic appeal or structures not usually thought of as ‘buildings’, such as milestones or bridges. Historic Landscape - landscape is an area, as perceived by people, whose character is the result of the action and interaction of natural and/or human factors. The evidence of past human activities is a significant part of the Historic Landscape and may derive both from archaeological remains and historic buildings within it. 3.2 A cultural heritage asset is an individual archaeological site or building, a monument or group of monuments, and historic building or group of buildings or an historic landscape which together with its setting (where relevant), can be considered as a unit for assessment. 3.3 The aim of this desk based survey is to collate and assess existing information about the cultural heritage of the study area. This report has also been prepared to describe the value of any heritage assets affected by the proposed Scheme. 4 Policy, Legislation and Guidance 4.1 In addition to the guidance provide by DMRB HA208/07, other policy documents and published guidance taken into account in the preparation of this desk-based study include: Scottish Planning Policy (SPP) (Scottish Government 2014a); Planning Advice Note (PAN) 2/2011: Planning and Archaeology (Scottish Government 2011); Scottish Historic Environment Policy (SHEP) (Historic Scotland 2011); Managing Change in the Historic Environment: Setting (Historic Environment Scotland 2016); Page A14.1-1 A96 Dualling Inverness to Nairn (including Nairn Bypass) DMRB Stage 3: Environmental Statement Appendix A14.1: Cultural Heritage Desk-Based Survey Our Place In Time: The Historic Environment Strategy for Scotland (Scottish Government 2014b); Consultation on Draft Managing Change in the Historic Environment: Historic Battlefields (Historic Scotland 2015); and Standard and guidance for historic environment desk-based assessment (Chartered Institute for Archaeologists 2014). Legislative Context 4.2 Scheduled Monuments are, by definition, of national importance and are protected by law under the Ancient Monuments and Archaeological Areas Act 1979 (as amended by the Historic Environment (Amendment) (Scotland) Act 2011). It is a criminal offence to damage a Scheduled Monument, and consent (known as Scheduled Monument Consent) must be obtained from the Scottish Ministers before any works affecting a Scheduled Monument may take place. 4.3 Listed Buildings are protected under the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 (as amended by the Historic Environment (Amendment) (Scotland) Act 2011), and are recognised to be of special architectural or historic interest. Under the Act, planning authorities are instructed to have special regard to the desirability of preserving a Listed Building, its setting, or any features of special architectural or historic interest which it possesses (Planning (Listed Buildings and Conservation Areas) Act 1997, Section 66(1)). Designation as a Listed Building confers additional controls over demolition and alteration through the requirement for Listed Building Consent to be gained before undertaking alteration or demolition. 4.4 The Town and Country Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 (as amended by the Historic Environment (Amendment) (Scotland) Act 2011) imposes a duty on local planning authorities to designate and protect areas of special architectural or historic interest the appearance or character of which it is desirable to preserve or enhance as Conservation Areas. Designation provides control over demolition of unlisted buildings through the requirement for Conservation Area Consent, limit permitted development rights, and provides the basis for planning policies to further preserve and enhance the area’s special character. 4.5 The Historic Environment (Amendment) (Scotland) Act (2011) made it a statutory duty for Historic Scotland to compile and maintain an Inventory of Historic Battlefields on behalf of Scottish Ministers. While listing on the Inventory does not confer statutory designation on a Historic Battlefield, protection is provided under schedule 5 paragraph 5(5) of The Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013. Under the regulations local authorities are required to consult Scottish Ministers, and thereby Historic Environment Scotland (HES), on development proposals which may affect a historic battlefield. 4.6 The Historic Environment (Amendment) Scotland Act (2011) made it a statutory duty for HES to compile and maintain an Inventory of Gardens and Designed Landscapes on behalf of Scottish Ministers. Under the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013, local authorities are required to consult HES on development proposals considered to affect an Inventory Garden or Designed Landscape. In addition the SHEP (Historic Scotland 2011) sets out the Scottish Ministers policies for gardens and designed landscapes. National Planning Policy and Guidance 4.7 National planning policy on a variety of themes is contained within SPP (Scottish Government 2014). Paragraphs 135 to 151 of the SPP deal with the Historic Environment, which is defined to include ancient monuments; archaeological sites and landscape; historic buildings; townscapes; parks; gardens and designed landscapes; and other features. When significant elements of the historic environment are likely to be affected by development proposals, developers are required by the SPP to take the preservation of this significance into account in their proposals (paragraph 137 within SPP). Page A14.1-2 A96 Dualling Inverness to Nairn (including Nairn Bypass) DMRB Stage 3: Environmental Statement Appendix A14.1: Cultural Heritage Desk-Based Survey 4.8 SPP highlights that the historic environment is a key cultural and economic asset and should be seen as integral to creating successful places. It also acknowledges that the historic environment can accommodate change which is informed by a clear understanding of the importance of the heritage assets affected. However, any change should be sensitively managed to avoid or minimise adverse impacts. SPP contains a number of policies relating to various aspects of the historic environment. Those relating to Listed buildings, Scheduled Monuments and undesignated assets include: Paragraph 141 to 142 - with regard to Listed Buildings there is a presumption against demolition or other works that would adversely affect a Listed Building or its setting. SPP requires planning authorities to have special regard to the desirability of preserving Listed Buildings and their setting, or any features of special architectural or historic interest which it possesses. Paragraph 145 - development which would have an adverse impact on a Scheduled Monument or the integrity of its setting should not be permitted unless there are exceptional circumstances. Paragraph 148 – planning authorities should protect and, where appropriate, seek to enhance gardens and designated landscapes listed on the Inventory. Paragraph 151 - seeks to protect and preserve as far as possible undesignated historic assets including historic landscapes, routes such as drove roads and battlefields which do not have statutory protection. 4.9 Paragraph 150 states that archaeological sites and monuments are a finite and non-renewable resource and that they should be protected and preserved in situ wherever feasible. If preservation in situ