Scheduled Monument Consent

 

Scheduled monument consent is the permission you need before carrying out most works to a scheduled monument in England. It is a separate consent from planning permission and listed building consent, and it is decided not by your local planning authority but by the Secretary of State, with Historic England running the process. This page explains what a scheduled monument is, which works need consent, how to apply and what happens if works go ahead without it.

 

 

What is a scheduled monument?

 

A scheduled monument is a nationally important archaeological site or historic structure that has been given legal protection by being added to the Schedule of monuments. The Schedule is maintained under section 1 of the Ancient Monuments and Archaeological Areas Act 1979, on advice from Historic England. Scheduling is deliberately selective. It is reserved for sites of national importance, so only a small fraction of England’s known archaeological remains are scheduled.

Monuments of almost any date can be scheduled, from prehistoric burial mounds and Roman forts to industrial-era structures and Second World War defences. Many scheduled monuments are buried remains with nothing visible above ground; others include standing ruins or structures. Occupied dwellings and churches in ecclesiastical use are generally excluded.

Most archaeological remains are not scheduled. For the wider planning treatment of archaeological interest, including Historic Environment Records, desk-based assessment, field evaluation and non-designated archaeology, see our guide to archaeology and planning.

 

When is scheduled monument consent required?

 

You must obtain scheduled monument consent before carrying out works that would affect a scheduled monument. Under section 2 of the 1979 Act, consent is needed for:

• works resulting in the demolition or destruction of, or any damage to, a scheduled monument
• works to remove, repair, alter or add to a scheduled monument or any part of it
• flooding or tipping operations on land in, on or under which there is a scheduled monument

The controls apply to works in, on or under the monument, so ground disturbance and buried archaeology are caught, not just visible structures. Consent must be granted in writing before works begin. Crucially, scheduled monument consent cannot be granted retrospectively, so there is no way to regularise unauthorised works after the event. That is a key difference from the planning system, where retrospective applications are possible.

 

Works that do not need an individual application: class consents

 

Not every activity needs its own application. The Ancient Monuments (Class Consents) Order 1994 grants a general “class consent” for certain defined categories of work, provided strict conditions are met. Examples include:

• specified agricultural, horticultural and forestry works of the same kind carried out lawfully in the same spot within the previous six years
• certain works of archaeological evaluation carried out by or on behalf of a person applying for scheduled monument consent
• works carried out under a management agreement with Historic England or the Secretary of State
• certain grant-aided works, and works undertaken by the Royal Commissions

Class consents are tightly drawn and come with conditions, limitations and exclusions. For example, the agricultural and gardening classes exclude works that disturb the soil below a set depth. Because relying on the wrong class consent can amount to a criminal offence, it is wise to confirm the position with Historic England before starting.

 

Who grants scheduled monument consent?

 

Scheduled monument consent is granted by the Secretary of State for Culture, Media and Sport, not by the local planning authority. In practice, Historic England administers applications on the Secretary of State’s behalf and advises on every case. The regime sits entirely outside the planning system. It is a heritage consent run by the Department for Culture, Media and Sport (DCMS) and Historic England.

Historic England’s Inspectors of Ancient Monuments offer free pre-application advice, and early discussion is strongly encouraged, particularly for standing structures or complex sites, where a conservation architect or archaeologist may need to be involved.

 

How to apply

 

Applications are made on Historic England’s Application for Scheduled Monument Consent form. Owners and occupiers named in the application are given the chance to comment, and Historic England may seek further information or arrange a site visit before advising the Secretary of State. There is no fee to apply, unlike most planning applications, where a fee is payable (see our guide to planning fees).

The Secretary of State may grant consent, grant it subject to conditions, or refuse it. Consent is usually conditional. Common conditions include giving Historic England notice of the start and completion of works, controlling site machinery to avoid accidental damage, and arranging for archaeological recording. Any pre-commencement conditions must be discharged before works begin.

 

What happens if works go ahead without consent?

 

Carrying out works to which section 2 applies without consent is a criminal offence, as is failing to comply with a condition attached to a consent. It is also an offence to cause reckless or deliberate damage to a scheduled monument. There is a limited defence for a person who did not know, and had no reason to believe, that a site was a scheduled monument and who took reasonable steps to find out, but it is narrow, and the safe course is always to check the Schedule and take advice first.

Because consent cannot be granted after the event, unauthorised works to a scheduled monument cannot be put right with a retrospective application. Using a metal detector on a scheduled monument without written consent is a further, separate offence.

 

Appeals, challenges and compensation

 

Unlike the planning system, there is no right of appeal against a scheduled monument consent decision. A person aggrieved by a decision may instead challenge its validity in the High Court, under section 55 of the 1979 Act, within six weeks of the decision. The grounds for such a challenge are limited, a marked contrast with the planning appeal system, where a refusal can be tested on its merits.

In a narrow set of circumstances, compensation may be payable under the 1979 Act, for example where consent is refused for certain works, or where an existing consent is modified or revoked.

 

How it differs from listed building consent

 

It is easy to confuse the two, but they are separate regimes, and our guide to listed building consent covers that side in full. The differences that matter:

• listed building consent is decided by the local planning authority, with a right of appeal to the Planning Inspectorate; scheduled monument consent is decided by the Secretary of State via Historic England, with no appeal, only a High Court challenge
• listed building consent can, in effect, be sought retrospectively; scheduled monument consent cannot be granted after works have been carried out
• where a building is both listed and scheduled, ancient monuments legislation takes precedence under section 61 of the Planning (Listed Buildings and Conservation Areas) Act 1990, so scheduled monument consent, not listed building consent, is required for the works

Scheduled monument consent also stands separately from planning permission. A scheme may need both scheduled monument consent and planning permission, plus other approvals such as building regulations or protected-species licences, and obtaining one does not remove the need for the others.

See also our guide to the types of planning application.

 

Relevant legislation

 

The controls on works to scheduled monuments come from primary legislation and a class-consents order. When checking any provision, use the “Changes to Legislation” panel on legislation.gov.uk, as later amendments are not always shown in the main text.

• Ancient Monuments and Archaeological Areas Act 1979: the primary Act; see section 2 for the works that need consent and section 55 for High Court challenges
• Ancient Monuments (Class Consents) Order 1994 (SI 1994/1381): the classes of work that benefit from a general consent
• Planning (Listed Buildings and Conservation Areas) Act 1990, section 61: gives ancient monuments legislation precedence where a building is both listed and scheduled

Other Planning Application Sections

 

 

 

Scheduled Monument Consent Page Updated: 21st August 2026