Legal Protection For Scheduled Monuments
The 1979 Act makes it a criminal offence to:
- Destroy or damage a scheduled monument
- Do any "works" which would demolish, damage, remove, repair, add or alter it (including agriculture, forestry, flooding and tipping) without previous permission from the Secretary of State or devolved equivalent, given through formal written "Scheduled Monument Consent"
- Use a metal detector without prior consent
- Remove any historic or archaeological object from the site without prior consent.
Despite perceptions to the contrary, only a very small proportion of applications for Scheduled Monument Consent is refused. In Scotland in the 10 years 1995–2005, out of 2156 applications, only 16 were refused. Development close to a scheduled monument which might damage its setting is also a material consideration in the planning system.
Read more about this topic: Scheduled Monument
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