ANCIENT MONUMENTS AND

 

 ARCHAEOLOGICAL AREAS ACT 1979

 

  CAUSING CRIMINAL DAMAGE TO HERITAGE ASSETS SHOULD CARRY HARSHER SENTENCES

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JILL THE DAIRY COW SAYS: - Hey, don't you tell me when I need to do something. Do you know who you are talking to? I am above the law sucker. You can take that awful looking electricity generating building in the field across the way and stick it up your rear end. See if I care about conserving our heritage. I'll do what I want, and you can't stop me, no matter my actions may put the building at risk. So there. But then, I'm only a cow chewing the cud in a close by pasture. Presumably, human applicants would want to protect evidence of their past, for future generations, no matter the industrial landscape is less palatable to ruminants. If I ever come back in another form, I hope I have two legs and opposable thumbs. Then we'll see. I might get a job with the council. I hear they are in the pooh in a big way, having been caught discriminating against some of the residents in their area, for the benefit of others. I'd feel right at home, even if I do let a package go occasionally. Nobody would notice with all the brown stuff hitting the fan from all that institutionalised bullshit. Cows don't violate Article 14, they just make milk, beef and leather from grass. Bovines have no human rights.

 

 

 

 

Offences contrary to the Ancient Monuments and Archaeological Areas Act 1979 should generally be prosecuted under this Act rather than under the CDA 1971. This should include Heritage Vandalism.

 

The Criminal Damage Act 1971 (CDA 1971) is the primary source of offences involving damage to property. It created a statutory offence of arson and abolished the common law offence (s.11 CDA 1971).

 

HERITAGE CRIME

 

Heritage crime is defined as any crime or behaviour that harms the value of England's heritage assets for the present and future generations. These assets may include Scheduled Monuments; Conservation Areas; Grade 1 and 2 Listed Buildings; World Heritage Sites; Protected Marine Wreck Sites and Military Remains; and other sites of archaeological interest, such as site of local importance.

Heritage Crime has increased in profile over the last few years. While some of the offences may involve criminal damage, it is usually better to prosecute under legislation that has been specifically enacted to address such conduct rather than under the CDA 1971.

 

For this reason the Act requires local authorities to be notified on a prescribed form, as to works adjacent to historic assets:

 

Section 35 Notice required of operations in areas of archaeological importance.

(1) Subject to section 37 of this Act, if any person carries out, or causes or permits to be carried out, on land in an area of archaeological importance any operations to which this section applies —

(a) without having first served a notice relating to those operations which complies with subsections (4) and (5) below; or

(b) within six weeks of serving such a notice;

he shall be guilty of an offence.

(2) Subject to section 37 of this Act, this section applies to any of the following operations, that is to say —

(a) operations which disturb the ground;

(b) flooding operations; and

(c) tipping operations.

(3) In this Part of this Act the person carrying out or proposing to carry out any operations is referred to, in relation to those operations, as “the developer”, and a notice complying with subsections (4) and (5) below is referred to as an “operations notice”.

(4) A notice required for the purposes of this section —

(a) shall specify the operations to which it relates, the site on which they are to be carried out, the date on which it is proposed to begin them and, where the operations are to be carried out after clearance of the site, the developer’s estimated date for completion of the clearance operations;

(b) shall be accompanied by a certificate in the prescribed form which satisfies the requirements of section 36 of this Act; and

(c) shall be in the prescribed form.

(5) A notice required for the purposes of this section shall be served by the developer —

(a) in the case of land in England F1... , on the district council or London borough council or (as the case may be) on each district council or London borough council in whose area the site of the operations is wholly or partly situated;

[F2(aa) in the case of land in Wales, on the council of each county or county borough in which the site of the operations is wholly or partly situated;]

(b) in the case of land in Scotland, on the local authority or (as the case may be) on each local authority in whose area the site of the operations is wholly or partly situated; or

(c) in a case where the developer is any such council or local authority, on the Secretary of State.



Other legislation relating to Heritage Crime includes:

Treasure Act 1996
Dealing in Cultural Objects (Offences) Act 2003
Protection of Wrecks Act 1973
Protection of Military Remains Act 1986
Planning (Listed Buildings and Conservation Areas) Act 1990

 

The CPS has signed a Memorandum of Understanding (MOU) with English Heritage, ACPO and Participating Local Authorities. This MOU defines the roles and responsibilities of all parties in the prevention, investigation, enforcement and prosecution of heritage crime in keeping with their respective aims. The MOU aims to foster closer and better working relationships between the signatories.

 

 

 

Access to Neighbouring Land Act 1992

Ancient Monuments and Archaeological Areas Act 1979

Beaumont Vs Florala 2020 - Right to Light case precedent

Criminal Damage Act 1971

Criminal Law Act 1977

European Communities Act 1972

Fraud Act 2006

Party Wall Act 1996

Planning (Listed Buildings and Conservation Areas) Act 1990

Prescription Act 1832

R v Dytham 1979 QBD, Malfeasance in Public Office

R v Sussex Justices ex-parte McCarthy 1924, bias undoes conviction 

 

WHAT IS A HERITAGE STATEMENT?

WHAT IS A HERITAGE ASSET?

 

 

 

 

 

 

THE ONLY ONE LEFT - This unassuming building is believed to be the earliest surviving example of electricity generating and load leveling on the planet. In the world of industrial archaeology, this is a gem. All the more intriguing for being nestled out of the way in the country. Notably not understood for it's importance by local politicians and even some immediate neighbors. Some of which had in the past wanted to purchase it, simply to knock it down. Sadly, with the local authority aiding and abetting such ambition. We hope those days are gone for good. But the fact remains, that the building still has no reasonable or beneficial use. Despite a Court Order from 2003/4, where Wealden DC agreed to rectify that malady. Progress was made up to 2008, then all cooperation ceased. It has been 14 years, and once again we are waiting for answers to correspondence, as to what the council intend doing to remedy their maladministration.

 

 

 

The heritage asset above in included on Step 4 of a Monument Protection Programme focusing on the electrical generating industry, and how it began. There are two recent planning applications affecting this building. One was a Major development for up to 70 houses in the adjacent field. The other was from within Lime Park, from the new owners of The Rectory, in 2022, Ms Finn and Mr Flood. Yet, it seems (it is alleged) that no Heritage Statement accompanied their application: WD/2022/0497/F, and no Notice as to the Party Wall Act was given concerning the Generating Buildings. We await clarification from the applicants.

 

 

REFERENCE

 

https://www.legislation.gov.uk/ukpga/1979/46/contents

https://www.legislation.gov.uk/ukpga/1979/46/contents

 

 

 

 

 

 

2022 - Herstmonceux in Sussex is not what it used to be. Villagers are being forced to rent in towns, rather than being able to live where they were brought up - at reasonable prices. In modern England, councils are operated against the interests of young families. Rents for new builds in Herstmonceux are exorbitant. There are no genuinely affordable houses. Wealden only grant consent for executive housing in major development. Wealden provide no rolling stock of land for sustainable and affordable (self builds) flat packs, etc. The rich get richer and the poor, poorer. This seems to be the Conservative way, with Labour failing to change statute, when they finally get voted in. Political wrangling like this is unproductive and climate unfriendly, as is financial slavery: living off the backs of others.

 

 

 

 

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