SCHEDULED MONUMENT CONSENT (SMC)

GUIDANCE NOTE FOR APPLICANTS

This guidance note is not part of the form prescribed by the Ancient Monuments (Applications for Scheduled Monument Consent) Regulations 1981.  Its purpose is to assist applicants in completing the form, with a view to avoiding subsequent delays, and to explain the procedure.

Scheduled Monument Consent and Planning Permission

•	The requirement for scheduled monument consent (SMC) is a specific requirement of the Ancient Monument and Archaeological Areas Act 1979, regardless of whether or not planning permission is needed or has been obtained.

•	The possible need for planning permission is an entirely separate matter, which applicants for SMC must pursue for themselves through the local authority.  

•	If a building is both Scheduled and Listed, ancient monuments legislation takes precedence, by virtue of Section 61 of the Planning (Listed Buildings and Conservation Areas) Act 1990, and scheduled monument consent rather than Listed Building Consent is required for works.

Before you apply for major proposals

•	Before submitting an application concerning major proposals, it is recommended that applicants discuss informally with the County Archaeological Officer or English Heritage (formally known as the Historic Buildings and Monuments Commission for England), 23 Savile Row, London W1S 2ET (Tel: 0207-973-3000).  

•	Commercial applicants should seek professional archaeological advice.

•	Where the Secretary of State considers that she needs further information to enable her to determine the application, she has the power to require such information under the 1981 Regulations. Inevitably, this causes delays, and it is advisable to try to provide adequate details at the outset and, as suggested above, to discuss proposals informally with English Heritage before applying.  

•	English Heritage have prepared Guidance Notes to assist applicants in preparing appropriately detailed applications, particularly those involving archaeological excavation.

Completing the application form (A112)

1. Applicant Details
Name and Address of whoever is proposing the works.

2. Occupier of the Monument (if not the applicant)
Name and Address of anyone living within the Monument boundary, and/or anyone who owns (or co-owns) the Monument. 

3. Monument to which the application relates
Name, Address (or Location), Monument Number and Grid Reference of Monument.

4. Description of the proposed works
Describe the proposed works in sufficient detail to enable their impact on the monument to be assessed.

5. List of plans and drawings accompanying the application
The application should be accompanied by a plan identifying the monument to which it relates. Such other plans or drawings as are necessary to assist in identifying the works proposed, as well as the exact spot where they will take place should also be included.  

It is helpful, and speeds up processing, if two copies of each plan and drawing can be submitted.

Where appropriate, information about the materials to be used should be given and the method of works stated (e.g.: dismantling by hand, treatment of vegetation by use of… etc.).

Any disturbance to the ground (at whatever depth) should be described (e.g.: location and depth of service trenches and foundations in case of new buildings).    

6. Any other information relevant to the application
Any information not already included should be detailed here. The section under this box must always be signed and dated by the applicant or their agent.

You must also sign the appropriate certification section (see below) found on the last two pages of the application form, and relating to the applicant's interest in the monument.
Failure to sign either of these sections will require us to write to you and your application may be delayed as a result.

Completing ‘Forms of Certificate for the Purposes of Paragraph 2(1) of Schedule 1 to the Act’

One of the four sections at the end of the application form should be completed.

(Owner - a person who currently has complete/part ownership of a monument/part of a monument)
(Occupier - a tenant living on the monument)

•	2(1)(a) If there are no other owners/occupiers of the monument other than the applicant then section 2(1)(a) should be signed and dated.

•	2(1)(b) If there are other owners/occupiers of the monument other than the applicant then section 2(1)(b) should be completed with the name and address of every owner/occupier, and it should be signed and dated. The applicant must send a completed ‘Form of Notice for the Purposes of Paragraph 2(1) of Schedule 1 of the Ancient Monuments and Archaeological Areas Act 1979’ (Form AM112A - the last page of the application form) to each owner/occupier listed in this section, to notify them of the planned works.

•	2(1)(c) If neither of the above can be completed because there are owners/occupiers whom the applicant is aware of but whose contact details cannot be obtained, then section 2(1)(c) should be completed with the details of every owner/occupier they have notified, and the section should be signed and dated. The applicant must send a completed ‘Form of Notice for the Purposes of Paragraph 2(1) of Schedule 1 of the Ancient Monuments and Archaeological Areas Act 1979’ (Form AM112A - the last page of the application form) to each owner/occupier listed in this section, to notify them of the planned works.

•	2(1)(d) If none of the above can be completed because the applicant has been unable to obtain the details of any of the owners/occupiers of the monument then section 2(1)(d) should be signed and dated.

After the application form has been completed

The completed form AM112 should be returned to the Department at:

Miss Anne Middleton
Department for Culture, Media and Sport
Architecture & Historic Environment Division (2)
2-4 Cockspur Street
London SW1Y 5DH

After the application has been submitted, the Department is required to consult English Heritage, the Secretary of State's advisers on archaeological matters. The application will be forwarded to them, an acknowledgement letter will be sent to the applicant and all owner/occupiers detailed in the application form will be offered the opportunity to comment on the proposals.
 
Sometimes, English Heritage Inspectors of Ancient Monuments may wish to visit the site to assist their preparation of advice for the Secretary of State. In this instance they will contact you.

Before determining an application for scheduled monument consent, the Secretary of State must afford the applicant the opportunity of a local hearing (unless she has already decided that other factors affecting the particular monument justify the holding of a local inquiry).  

To help you to make your decision as to whether you want a local hearing  - which generally take the form of a public inquiry - the Department will notify you of the advice that has been received from English Heritage including, where appropriate, any recommended conditions.  

In many cases, this notification will be carried out by telephone, but where the application or proposed conditions are complex, you may be sent the Secretary of State's provisional view by post or email.  

As the applicant you must then respond, by telephone or email, to the Secretary of State, to either a) accept the conditions and waive the right to a public hearing or b) contest the conditions and request a hearing. 

If you confirm that you are content with the conditions and you do not require a hearing, then the formal decision letter will be granted.

If you confirm at this stage that you are not content with the conditions and do require a hearing, arrangements will be made accordingly for a suitable date and venue, etc.

Please note that it is an offence to commence works of any description (as set out in Section 2(2) of the Ancient Monuments and Archaeological Areas Act 1979) before scheduled monument consent has been formally granted.  

In this respect, any letter from the Secretary of State giving a provisional view of a decision in reply to an application does not mean that scheduled monument consent has been granted, nor does a notification by telephone.  

The only exceptions to this process are those works covered by one of the general consents set out in the Ancient Monuments (Class Consent) Order 1994. Class V Consent, for urgent work in the interest of health and safety, is explained below.

Urgent works (Health & Safety)

Works to a Scheduled Ancient Monument may be needed as a matter of urgency in the interest of health and safety.  In this instance, the minimum work required to make the monument safe may be carried out under Class V Consent.

If you require Class V Consent please contact us in writing, detailing the works and why they are urgent. We will respond with a formal letter outlining the works that may be carried out and your responsibilities in working under Class V Consent.