Windows to the past: protecting and managing Scheduled Monuments

Scheduled Monuments are legally protected remnants of history that cannot be moved or disturbed without written consent. Here, we explain how Scheduled Monuments are designated, and what to do if you find one on your site.

Take a short walk from Surrey’s Byfleet and New Haw station and you will reach the remnants of the Brooklands circuit, a marvel of British construction and engineering, and the world’s first purpose-built motor racing circuit. Only sections of the roughly 2.7-mile-long track remain today. The rest has been lost to housing developments and business parks. What does remain, however, is truly a sight to behold.

Take the Members’ Banking on the track’s north-eastern side, which stands at a height of 32 feet and still showcases the innovative construction of poured concrete on a sand base that made the Brooklands circuit one of the ‘seven wonders of the modern world’. This is still available to view as a reminder of the British Grand Prix’s first home in 1926. 

Brooklands’ legacy extends beyond motorsport, however. Its airfield saw the maiden flights of some of Britain’s best-known military aircraft, including the Sopwith Pup and the Vickers Wellington. In 1911, Hilda Hewlett became the first British woman to hold a pilot’s licence at the Royal Aero Club based there. And between 1941 and 1942, a reinforced concrete tower housing a 40mm Bofors gun was constructed on Members’ Hill to protect the site from enemy aircraft. The Bofors tower is still there to this day.

Given Brooklands’ contribution to the UK’s history, as well as its legacies across motorsport and aviation, it is small wonder that the site – including the circuit, the remains of the pre-World War II aerodrome, the Bofors tower and shelter, and the Brooklands memorial – became legally protected as Scheduled Monuments on 17 January 1975.

What is a Scheduled Monument?

Scheduled Monuments are structures or remains that are protected by a legal mechanism known as ‘scheduling’.

There are many forms a Scheduled Monument can take, such as standing stones, burial mounds, or the remains of monastic buildings. Scheduled Monuments can also be found under the ground as well as on the surface.

The National Heritage List for England (NHLE) currently includes more than 19,000 Scheduled Monuments, including training trenches from the First World War, and fogous, a type of tunnel dating back to the Iron Age and Romano-British periods that is found in West Cornwall.

What is scheduling?

Scheduling is a legal mechanism that protects a Scheduled Monument. If a monument is ‘scheduled’, it becomes a criminal offence to conduct unauthorised works on, or to cause damage or destruction to, that monument.

Scheduling currently derives its authority from the Ancient Monuments and Archaeological Areas Act of 1979 (‘the 1979 Act’), although it can actually trace its legislative roots back to the 1882 Ancient Monuments Protection Act. As such, it is one of the oldest forms of heritage protection in the UK.

Under the 1979 Act, the Secretary of State has a duty to compile and maintain a ‘schedule’ of nationally important monuments.

Today, the Secretary of State for Digital, Culture, Media and Sport works with other organisations, such as Historic England and local planning authorities, to ensure Scheduled Monuments are kept in the same condition for the benefit of current and future generations.

Which monuments can be scheduled?

Broadly speaking, a monument may be scheduled if it contributes to England’s archaeological heritage and provides valuable insights into how humans lived on, and interacted with, the land across prehistory and history.

According to government guidance on Scheduled Monuments and nationally important but non-scheduled monuments, this heritage provides “a tangible – and often highly evocative – link with our prehistoric and historic past that has the potential to transform knowledge and understanding of the lives of our predecessors during the last 900,000 years, including how they sought to respond to and influence their changing environment.”

When deciding whether to schedule a monument, the Secretary of State will use a set of non-statutory criteria to evaluate the monument’s national importance, as well as scheduling’s suitability as a means of protection.

These criteria will include:

• any current or future interest in carrying out expert archaeological investigations;
• whether the monument provides a material record of history or prehistory;
• the importance of preserving surviving examples of something, particularly if it is already rare;
• the monument’s vulnerability to accidental or deliberate damage without legal protection.

Scheduled Monuments are often chosen based on recommendations by Historic England, but anyone can apply for a monument to be scheduled.

What can I do if a Scheduled Monument is on my land?

Scheduling does not confer onto the land’s owner or occupiers any legal obligations to maintain and manage the monument. 

It does, however, make it a criminal offence to carry out any works on a Scheduled Monument without first applying for written permission from the Secretary of State for Digital, Culture, Media and Sport. This is known as Scheduled Monument Consent (SMC).

Under the 1979 Act, “works” are defined as demolishing, destroying, damaging, removing, repairing, altering, or adding to a monument, as well as flooding or tipping material onto a monument. Conducting any of these activities without an SMC is punishable by significant fines, and even imprisonment.

How do I apply for an SMC?

In England, SMCs should be obtained from Historic England on behalf of the Department for Digital, Culture, Media and Sport (DCMS). Your application should clearly state the works that are being planned and why they are needed. It should also be accompanied by a plan that identifies the monument, as well as any other plans or drawings that may be necessary to describe the works.

The DCMS also strongly advises businesses and individuals to discuss plans with the local planning authority and Historic England prior to submitting an application, as this can help applicants to develop a plan of works that will be accepted by the Secretary of State.

What happens after I apply for an SMC?

After you have submitted an application, you will receive an acknowledgement letter. Any owners or occupiers that are named in your application will also be notified and given the opportunity to comment on the proposals in your application. Historic England may also request further information or visit the site to evaluate its current condition.

Where an application is approved, it is likely that this will be accompanied by conditions on how the works must be done. These conditions must be followed carefully; otherwise, the SMC may be revoked. Consent will lapse after five years, making it important to complete works within this time period.

If you are given permission to commence works, bear in mind that the affected scheduled monument may have significant sentimental, cultural and historical value for local communities and heritage groups.

If their concerns are not handled well, it is likely that your project may quickly encounter negative press and objections that may slow things down.

As such, it is important to communicate clearly and honestly with stakeholders as early as possible in the project, letting them know what is happening, why it is needed, and how you will protect the monument.

Early engagement and transparency will, not only help you to build trust and demonstrate respect for heritage, but also ensure the project is kept on track.

Businesses and individuals alike have a crucial part to play in preserving the monuments and sites that provide much-needed insight into the UK’s history and heritage.

Had Brooklands disappeared, so too would a physical reminder of the UK’s construction and engineering excellence that bore witness to many feats of human achievement across both motorsport and aviation.

Managed properly, and supported by the right advice, it is possible to create modern developments that work around and respect legally protected monuments. 

By obtaining the right permissions, businesses can ensure that projects are completed to schedule, whilst continuing to preserve the remnants of our history for generations to come.