Archaeology Enforcement Policy January 2022

1.1 The council wishes to ensure that all archaeological work done in connection with development that falls within its area of supervision is completed to;

• the agreed standards
• the agreed timescales, both as set out in relevant planning conditions, project brief and the approved project design

1.2 The concept that archaeological investigation should meet appropriate ethical, technical, and scientific standards is enshrined in Article 3 of the European Convention on the Protection of the Archaeological Heritage 1992 (the "Valletta Convention") ratified by the British Government in 2001. Professional standards in Britain are defined by the Chartered Institute for Archaeologists (CIfA), which has a Code of Conduct and disciplinary procedure and publishes a series of "Standard and Guidance" papers covering specific aspects of archaeological practice. In addition to individual membership, the CIfA operates a "Registered Organisation" (CIfA-RO) scheme for corporate organisation’s that subscribe to the CIfA standards. The Association of Local Government Archaeological Officers (ALGAO), Historic England and some specialist interest groups also publish various good practice guides. Buckinghamshire Council expects archaeological projects undertaken in a commercial context to be managed by a full Member of the Chartered Institute for Archaeologists (MCIfA). The council refer developers to the Chartered Institute for Archaeologists for information about professional archaeologists available for commissioned work. Individual projects are governed by a brief (template briefs are available on the council’s web site) issued by the County Archaeological Service and project design submitted by the archaeological contractor.

1.3 Developers are reminded that compliance with the archaeological planning requirements of the local planning authority is their own responsibility, rather than that of their archaeological contractor and that failure to comply with conditions could lead Buckinghamshire Council Planning to issue enforcement proceedings.

1.4 Developers should secure the services of a suitably professionally qualified archaeological contractor and are strongly advised to satisfy themselves that the organisation or individual approached:

• has the necessary experience and understanding to satisfy the brief (including those aspects relating to reporting, publication, and archiving)
• can provide personnel with the appropriate skills and qualifications for the task (this should include consideration of sub-contractors). The project manager should be a named full Member of the Chartered Institute for Archaeologists (MCIfA). Preferably, the organisation should be an CIfA Registered Archaeological Organisation
• can meet the required timetable
• has a suitable infrastructure for, and track record of, satisfactorily completing work of a similar nature and scale?

1.5 Buckinghamshire Council Planning may decline to approve proposals that do not meet the requirements specified in the project brief. Each case will be considered on its merits and in accordance with particular circumstances. However, archaeological contractors will be expected to demonstrate their capability to meet the requirements of the project brief, in particular that they will be able to undertake the work to the required standard and timescale. This will normally require the nomination of a project director who is a Member of the Chartered Institute for Archaeologists (MCIfA). It may also entail the provision of additional information or safeguards by the contractor to demonstrate the capability of the organisation to satisfactorily complete the work.

1.6 Where non-compliance issues arise during fieldwork or post-excavation analysis and publication the council’s Archaeological Service and Planning Service will implement a staged enforcement procedure appropriate to the specific circumstances as set out in PART 2.

The aim is to resolve matters by negotiation wherever possible. In serious cases or where an agreed resolution is not achieved, the Planning Service may issue enforcement proceedings and/or a complaint may be made to the Chartered Institute for Archaeologists.