Written question asked by Bob Russell (Liberal Democrat) on Monday, 3 September 2007, in the House of Commons. It was due for an answer on Monday, 10 September 2007. It was answered by Baroness Hodge of Barking (Labour) on Monday, 17 September 2007 on behalf of the Department for Culture, Media and Sport.

Monuments: Legislation

Question: To ask the Secretary of State for Culture, Media and Sport if he will bring forward legislation to amend the Ancient Monuments and Archaeological Areas Act 1979 to require public consultation when there is an application for Scheduled Monument Consent.

Answer: [holding answer 10 September 2007]: Under the 1979 Act, the Secretary of State is required, before determining whether or not to grant Scheduled Monument Consent, to afford to the applicant, and any other person to whom it appears to the Secretary of State to be expedient to afford it, an opportunity of making representations. The Secretary of State is obliged to consider any representations made to him by any person on that application and also to consult English Heritage.As set out in the White Paper, Heritage Protection for the 21st Century (March 2007), the Government plan to merge Scheduled Monument Consent and Listed Building Consent, to create a new historic asset consent, administered, in the first instance, by the Local Planning Authority. In respect of assets which were previously scheduled monuments the Local Planning Authority would be required to consult English Heritage and the national amenity societies on any application, and to take into consideration any representations received from these and any other parties, before determining a consent application.Primary legislation will be required to implement the proposals set out in the White Paper, and we plan to publish a draft Heritage Protection Bill in the next session.

Secondary information