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2 pages/≈550 words
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Harvard
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Law
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English (U.S.)
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Planning Law: Development Brief for the Former Cattle Market site, Barnstaple

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ARTICLE: Development Brief for the Former Cattle Market site, Barnstaple (Jadopted January 2005). Question 1. ANSWER BOTH PARTS a) In the light of court decisions, by what means and on what grounds would you advise the local history society to proceed in challenging a grant of planning permission for redevelopment of the site which they felt would not respect its archaeological and historical interests and would ruin the integrity of Barnstaple Castle? (70% of marks) b) Consider critically the implications for the developer in terms of implementing the planning permission if the local history society elects to proceed with a challenge. (30% of marks) ------ Question 2. The Brief's development objectives acknowledge the role of urban design in ensuring and reinforcing environmental and townscape quality and discouraging inappropriate uses (pages 3 and 4). A local planning authority in exercising its strategic planning functions must have regard to the desirability of achieving good design (S39 Planning and Compulsory Purchase Act 2004 as amended by S183 Planning Act 2008). Drawing upon information in the Development Brief, and referring to law and policy as appropriate, discuss critically the opportunities for, and powers of, local planning authorities to seek to incorporate and deliver good design at all stages in the planning process. Note: your answer should include discussion of strategic planning, development management and enforcement.
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Development Brief for the Former Cattle Market site, Barnstaple
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Q1.
Protection of archeological and historical sites
As a repositories of information in about 15 years ago, historical and archeological sites are exceedingly more than soil layers and contain essential objects that were abandoned, discarded or buried on earth intentionally, but because historical and archeological sites have either few or above ground evidence, they in most cases become difficult to identify. Also in most cases, this translates that this historical, and archeological sites and the information which they harbor could be damaged by individuals who may be well intentioned but quite uninformed by the benefits or existence of such objects. The architect in the development of Barnstaple former cattle market may not be aware on the existence or benefits of archeological and historical sites and objects in these sites and therefore, there is a necessity of stopping the planners of going on with the project.
The currently available archeological protection sites basically emphasizes on how government authorities and agencies have tackled vandalism and site looting by implementing archeological policies such as historical and archeological resource protection act and other laws governing natural resources.
Before undertaking the necessary steps for the strategies of archeological and historical site protection, it would be essential for the local communities to understand the whole aspect of archeology and what it entails, values or archeological sites, all the legal aspects entailing archeological sites, activities and actions that may undermine those values. These steps would assist in decisions regarding the protection strategies that may be effective in specific situations. Various protection strategies are reliance on the principle of effectiveness. Owing to total or partial interest in historical and archeological sites is one of the influential strategies. Thus, the local people will be made aware on the benefits of these sites and through this way; they will be able to develop an interest in these valuables. The local people should be at the forefront of promoting land compatibility with regard to historical and archeological site protection by utilizing local resources and development procedures and also through involving archeology in local preservation mechanisms are crucial techniques that emphasize on regulating the uses and land operations in sites with archeological and historical significance.
Specific laws for historical and archeological ensure that proper and ethical standards are followed to the latter. These laws ensure that archeological and historical sites are properly cared for and that the violators of these laws are properly dealt with. There are various tax benefits that are in exist...
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