Chartered Institute for Archaeologists 2022

14 G U I DA N C E F O R C L I E N T S The scheduled Preston Tower dovecot (17th or 18th century in date) being recorded prior to a programme of restoration works and access improvements on behalf of East Lothian Council ©CFA Archaeology Ltd ARCHAEOLOGY, PLANNING POLICY AND LEGISLATION Legislation and policy relating to archaeology and the historic environment are complex and constantly changing. If you need to understand the legal context for the archaeology you are doing, an appropriately skilled professional archaeologist can advise you. Governments recognise the historic environment is a fragile resource and have adopted policies for understanding its significance and for ensuring its appropriate management. Although the resources of the historic environment have the potential to bring great benefits, the interests of different parties involved in their management and use are not always aligned. In many parts of the world, the planning systems and legislation relating to heritage provide a framework for mediation of those interests. They recognise that landowners have rights to do what they wish with their property, but that those rights may need to be constrained if changes planned to benefit the owner will have particularly damaging effects on resources that are important to society at large. This concept of balancing conflicting needs involves weighing up short-term benefits with potential impoverishment of society’s resources for future use. Where the demand for development is found to outweigh the need for preservation of the historic environment, destruction of assets can be permitted but offset by an improved understanding of what happened in the past, normally through excavation or other types of investigation. All historic environment assets, whether designated or not, are material considerations. The spatial planning processes in the UK, for example, involve a regularly used series of steps or phases to manage change in the historic environment. Any professional archaeologist you appoint will be familiar with these steps, although they may only have experience of a particular step themselves and will need to pass you on to a different expert as the project progresses.

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