Discovery During Development - Developer Responsibilities and Remedies

Indeed in spite of the best pre-planning application research there may be occasions when the presence of archaeological remains only becomes apparent once an approved development has actually commenced. Developers may wish to consider insuring themselves against the risk of a substantial loss while safeguarding the interest of historic remains unexpectedly discovered on site. On rare occasions the importance of such remains may merit their scheduling. In that event developers would need to seek separate scheduled monument consent before they continue work. It is also open to the Department to revoke a planning permission if deemed necessary, in which case there is provision for compensation. In the majority of cases, however, it should prove possible for differences to be resolved through voluntary discussion and for a satisfactory compromise to be reached.