THE COUNTY OF HEREFORDSHIRE DISTRICT COUNCIL

(HEREFORDSHIRE ARCHAEOLOGY)

HEREFORD AREA OF ARCHAEOLOGICAL IMPORTANCE

OPERATIONS BOTICE

ANCIENT MONUMENTS AND ARCHAEOLOGICAL AREAS ACT 1979: SECTION 36

To be completed by or on behalf of the Developer (Footnote 1 ) in BLOCK CAPITALS or typescript:

I/We: ………………………………………………………………………………………………………………………………………………………………...

Address: ……………………………………………………………………………………………………………………………………………………………

……………………………………………………………………………………………………………………………………….……………………………….

Postcode: ………………………………………………. Telephone Number: …………………………………………….…………………………

Hereby give notice of our intention to carry out the operations described below. A certificate in accordance with Section 36 of the Ancient Monuments and Archaeological Areas Act 1979 accompanies this notice. I/We understand that if within six weeks of serving this notice I/We carry out or cause or permit to be carried out any operations referred to in this notice I/We may be guilty of an offence under Section 35 of the 1979 Act.

Particulars of proposed operations:

Description of proposed operations (footnote 2): ………………………………………………………………………………………………………………

……………………………………………………………………………………………………………………………………….……………………………….

……………………………………………………………………………………………………………………………………….……………………………….

The name of the site on which the operations are to be carried out: ……………………………………………………….……………………………….

The site address: ………………………………………………………………………………………………………………………………………………….

Postcode: …………………………………… Ordnance Survey Grid Reference (footnote 3) …………………………………………………………….

The date (if applicable) on which it is proposed to complete clearance of the site (footnote 4) prior to the above operations…………………………

The date on which it is proposed to begin the operations (n.b. this must be at least six weeks after the notice has been served ) ………………..

Signature: ……………………………… On behalf of: …………………………………………. Date: …………………………………………………...

Name of any agent(s) to whom correspondence should be sent: ……………………………………………………………………………………………

Address: ……………………………………………………………………………………………………………………………………………………………

……………………………………………………………………………………………………………………………………….……………………………….

Postcode: …………………………………………….. Telephone number: …………………………………………………..

Service of this notice:

This notice is to be served on the Administering Body/Investigating Authority for Hereford Area of Archaeological Importance. This is the County of Herefordshire District Council (Herefordshire Archaeology), 8 St Owen’s Street, Hereford, in whose area of authority the site of the operations is wholly situated. When the developer is Herefordshire Council itself, this notice shall be served on the Secretary of State for Culture, Media and Sport.

Exemptions: (n.b. It should never be assumed without good reason that an exemption prevails).

The Areas of Archaeological Importance (Notification of Operations) (Exemption) Order 1984 exempts certain utility and infrastructure and other works from the requirement to serve an Operations Notice. Works already covered by Scheduled Monument Consent are also exempt.

FOOTNOTES

  1. "Developer" means anybody carrying out or proposing to carry out any operations: (section 35 (3) of the 1979 Act).
  2. "Operations" means operations which disturb the ground, flooding operations and tipping operations: (Section 35 (2) of the 1979 Act). Flooding operations means covering land with water or any other liquid or partially liquid substance (Section 61 (1) of the 1979 Act). Tipping operations means tipping soil or spoil or depositing building or other materials or matter (including waste materials or refuse) on any land: (Section 61 (1) of the 1979 Act. A reference to operations on any land includes a reference to operations in, under or over the land in question: (Section 41 (1) (c) of the 1979 Act).
  3. Where the extent of a site cannot be accurately identified from its address or grid reference, a full, detailed plan of the site should be provided.
  4. "Clearance" of a site means the demolition and removal of any existing building or other structure on the site and the removal of any other materials thereon so as to clear the surface of the land (but does not include the levelling of the surface or the removal of materials from below the surface) (Section 41 (1) (d) of the 1979 Act). Clearance operations are operations undertaken with the purpose of or in connection with the clearance of any site: (Section 41 (1) (e) of the 1979 Act). Immediately on completion of clearance of the site the developer must notify the Investigating Authority that the site has been cleared.