UNITED KINGDOM STATUTORY INSTRUMENT
1994 No. 1381
ANCIENT MONUMENTS
The Ancient Monuments (Class Consents) Order 1994
Made 19th May 1994
Laid before Parliament 24th May 1994
Coming into force 14th June 1994
The Secretary of State, after consultation with the Historic Buildings and Monuments Commission for England, as respects England, and the Secretary of State for Wales, as respects Wales, in exercise of the powers conferred on them by sections 2, 3 and 60 of the Ancient Monuments and Archaeological Areas Act 1979, and of all other powers enabling them in that behalf, hereby make the following Order:
S-1
Citation, commencement, interpretation and extentCitation, commencement, interpretation and extent
1.—(1) This Order may be cited as the Ancient Monuments (Class Consents) Order 1994 and shall come into force on 14th June 1994.
(2) In this Order, unless the context otherwise requires—
“the Act” means the Ancient Monuments and Archaeological Areas Act 1979;
“carried out lawfully” means carried out in accordance with the terms of a consent granted by order under section 3 of the Act, or which would have been so carried out if during the period in question the monument had been a scheduled monument;
“the Commission” means the Historic Buildings and Monuments Commission for England;
“consent” means scheduled monument consent;
“domestic gardening works” includes works carried out in the non-commercial cultivation of allotments;
“horticultural works” includes domestic gardening works; and
“ploughed land” means land on which ploughing has been carried out lawfully within the period of six years immediately preceding the works in question.
(3) This Order applies to England and Wales.
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Scheduled monument consent granted by this OrderScheduled monument consent granted by this Order
2.—(1) Subject to the provisions of this article, consent is hereby granted under section 3 of the Act for the execution of works of any class or description specified as permitted works in the Schedule to this Order.
(2) The consent granted is subject to any condition specified in the said Schedule in relation to works of a particular class or description.
(3) Nothing in this article shall operate so as to grant consent contrary to any limitation or condition specified in a consent granted under Part I of the Act otherwise than by ths Order.
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Revocation and savingRevocation and saving
3.—(1) Subject to the provisions of this article, the Ancient Monuments (Class Consents) Order 1981(“the 1981 Order”) and the Ancient Monuments (Class Consents) (Amendment) Order 1984(“the 1984 Order”) are hereby revoked.
(2) The 1981 Order and the 1984 Order shall continue to be effective in respect of works commenced before this Order comes into force and any limitation or condition specified in this Order shall be disregarded in the application of article 2(3) of the 1981 Order. Peter Brooke Secretary of State for National Heritage 18th May 1994
Wyn Roberts
Minister of State, Welsh Office
19th May 1994
SCHEDULE
Article 2(1) and (2)
CLASSES OR DESCRIPTIONS OF WORKS FOR THE EXECUTION OF WHICH SCHEDULED MONUMENT CONSENT IS GRANTED BY ARTICLE 2 OF THIS ORDER
CLASS 1. AGRICULTURAL, HORTICULTURAL AND FORESTRY WORKS |
Permitted works: |
Agricultural, horticultural and forestry works of the same kind as those previously carried out lawfully in the same location and on the same spot within that location within the period of six years immediately preceding the date on which the works commence; but excluding works falling into one or more of the following categories— |
Works not permitted: |
(a) in the case of ploughed land, any works likely to disturb the soil of any part of that land below the depth at which ploughing of that part has previously been carried out lawfully;
(b) in the case of land other than ploughed land, any works likely to disturb the soil below the depth of 300 millimetres;
(c) sub-soiling, drainage works, the planting or uprooting of trees, hedges or shrubs, the stripping of top soil, tipping operations, or the commercial cutting and removal of turf;
(d) the demolition, removal, extension, alteration or disturbance of any building, structure or work or of the remains thereof;
(e) the erection of any building or structure;
(f) in the case of works other than domestic gardening works, the laying of paths, hard-standings or foundations for buildings or the erection of fences or other barriers.
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CLASS 2. WORKS BY BRITISH COAL CORPORATION OR THEIR LICENSEES |
Permitted works: |
Works executed more than 10 metres below ground level by the British Coal... |
