Happy Humphrey, on 05 March 2012 - 11:24 AM, said:
I feel fairly sure that NE also have to give their permission, although in my experience the landowner has contacted them. Perhaps a reviewer could clarify. After all, the landowner might have no idea what's suitable and what's not and might only be vaguely aware of the SSSI restrictions, not to mention that he might be totally uninterested.
The Landowner Gives Permission
The Designating Authority (NE, SNHi or CCW) can only give Approval and not Permission. Unless they are also the Landowner.
It is up to each Landowner to decide, if they require the Designating Authority to give Approval, If just the Landowner gives Permission, then the cache will be Published. Because at the end of the day, they are the ones, legally responsible for all activities that take place on the Designated Area. The Designating Authority only has a Enforcement Role, if any Activity causes any damage, or will cause damage to the Designated Area.
The same applies if the location is a Scheduled Monument. Permission has to come from the Landowner, and Approval from the Designating Authority, if the Landowner requests that.
At no time do the Reviewers require that the Designating Authority give Approval, that is a decision solely for the Landowner to make. Caches in Designated areas have been published with the Landowner giving Permission without reference to the Designating Authority, others have been Published after the Landowner required Approval off the Designating Authority.
This post has been edited by Deceangi: 05 March 2012 - 11:49 AM