14.—(1) No part of the authorised development is to commence until for that part a written scheme for the investigation and mitigation of areas of archaeological interest, reflecting the mitigation measures set out in the environmental statement and REAC, has been submitted to and approved in writing by the Secretary of State, following consultation with the relevant planning authority and the County Archaeologist.
(2) A written scheme prepared under sub-paragraph (1) may include provision for further sub-written schemes of investigation if required (evaluation or detailed excavation or watching brief) for any area and any phase of the works, for which approval must be sought separately in accordance with sub-paragraph (1).
(3) A written scheme prepared under sub-paragraph (1) must contain details of the arrangements and timescales within which the undertaker and the County Archaeologist will agree the manner in which any further investigation and recording is to be carried out in the event of any archaeological remains, not previously identified, being revealed during construction.
(4) The authorised development must be carried out in accordance with the written scheme of investigation approved under sub-paragraph (1).
(5) In the event of any archaeological remains, not previously identified, being revealed when carrying out the authorised development, the said remains must be retained in situ and reported to the County Archaeologist as soon as is reasonably practicable from the date they are identified. No construction operations are to take place within 10 metres of the remains for a period of 14 days from the date on which the County Archaeologist is notified, unless otherwise agreed in writing by the County Archaeologist. Any revealed remains must be subject to appropriate mitigation to be determined in consultation with the County Archaeologist, in accordance with the written scheme approved under sub-paragraph (1) and within the timescales agreed under sub-paragraph (3).
(6) If having been notified under sub-paragraph (5) the County Archaeologist determines in writing that the archaeological remains require further investigation, no construction operations may resume within 10 metres of the remains until provision has been made for the further investigation and recording of the remains, in accordance with details to be approved in writing by the County Archaeologist within the timescales agreed under sub-paragraph (3).
(7) Where the undertaker or the County Archaeologist is of the view that the revealed remains referred to in sub-paragraph (5) may be of national significance the findings must be reported to Historic England. No construction operations may resume within 10 metres of the remains until the significance of the remains has been determined in consultation with Historic England and suitable provision is made for their analysis and recording in accordance with a scheme to be agreed in writing by Historic England.
(8) On completion of the authorised development suitable resources and provisions for the long-term storage of the archaeological archive will be agreed with the County Archaeologist.
(9) A copy of any analysis, reporting or publication required as part of the written scheme of investigation approved under sub-paragraph (1) must be deposited with the Historic Environment Record of the relevant planning authority within three years of the date of completion of the authorised development or such other period as may be agreed in writing by the County Archaeologist.
Commencement Information
I1Sch. 2 para. 14 in force at 2.6.2022, see art. 1
