National Planning Policy Framework; Planning permission; Presumptions; Sustainable development All at Sea: When Duty meets Austerity in Scheduling Monuments in English Waters

摘要

It would appear that as a result of budgetary pressures, HE has attempted to amend its policy in relation to scheduling below MLWM so as to use a blanket refusal to consider such an option, irrespective of the individual circumstances of the site in question or the merits of the application to schedule. In doing so HE evolved a policy within a policy, HE's new policy being seemingly based primarily upon the perceived implications for its resources. The resulting dichotomy of policy between DCMS and its statutory advisers is at best confusing to both the marine archaeological community and the public, at worst it may be ultra vires. At times of unprecedented public funding austerity statutory agencies such as HE need to build support amongst their public constituencies. Formulating such an approach is potentially alienating and does not seem well designed to achieve this.