Comment

Lawful Conclusions: Court of Appeal overturns heritage setting case in Derbyshire

Heritage setting continues to be subject of analysis and consideration by the courts, particularly in the context of the statutory duties of primary heritage legislation.

A recent Court of Appeal judgment handed down last week in the ongoing case of the Grade I listed Kedleston Hall and its registered park and garden [Steer v SSDCLG & Ors, June 2017] has overturned a High Court refusal for 400 homes.

Lord Justice Lindblom could find no flaw in the inspector's decision to grant outline consent for the development and noted that he was entitled to focus on the lack of a visual or physical connection between the site and the hall, which is screened behind a belt of trees (known as the Derby Screen). The judge commented that “he did not concentrate on visual and physical factors to the exclusion of everything else” and identified that historic connections between the site and the hall had been acknowledged by the inspector. 

Lindblom concluded that the inspector had lawfully concluded, as a matter of planning judgment, that those historic /functional connections were not sufficient to preclude the redevelopment of the site. Accordingly, the judge, sitting with Lord Justice McFarlane and Lady Justice Asplin, upheld the appeal on 18 July.

The judgment reinforces the need for a robust Heritage Assessment (including consideration of the contribution of visual, physical and functional connections in relation to setting) and is also a step forward in clarifying the approach to be taken to the setting of heritage assets as part of the planning process.

For further information on Turley's heritage services please contact Jack Haw.

23 July 2018