Showing posts with label expert witness. Show all posts
Showing posts with label expert witness. Show all posts

Monday, 15 October 2018

Bullsmoor Inquiry Decision out - Derwent Valley Mills WHS

Very happy with this decision and to have my expert witness testimony endorsed.  Development of mixed use and employment schemes dismissed and refused by Inspector and endorsed by the Secretary of State.  A good decision and valuable precedent, confirming the important contribution that the Buffer Zone can make as part of the setting of the World Heritage Site, and confirming that this part is a valued landscape.

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/747690/18-10-11_DL_IR_Bullsmoor_3183493.doc.pdf


Wednesday, 15 March 2017

Judicial Review & The Setting of Kedleston Hall

In December 2016 local pressure group Kedleston Voice were granted permission for a Judicial Review in the High Court following Planning Inspector John Gray's assessment of the setting of Kedleston Hall and his decision to grant planning permission for 400 houses at Kedleston Road, Allestree.

Acknowledged issues of wide public importance could affect our future assessments and interpretation of the setting of heritage assets and has the potential to become important case law related to 'setting'.

The case is due to be heard on 24th and 25th May 2017 in the High Court.   Historic England will attend as an interested party.  Mel Morris acted as expert witness at the Planning Inquiry in 2016 for Amber Valley Borough Council on heritage matters and the setting of heritage assets.

Monday, 9 May 2016

Inquiry decisions - setting of listed buildings and conservation areas

We have been successful in representing two local planning authorities for proposed housing sites which affect the character and appearance (and setting) of conservation areas and the setting of listed buildings in Derbyshire. 

1. Woodhead Road Heritage and Landscape Appraisal 
High Peak Local Plan - Site allocations on farmland initially identified in the Local Plan for 121 dwellings at Woodhead Road, Glossop, were scrutinised by our team (with landscape and historic buildings and areas expertise) at the request of Historic England and our evidence base and assessment of significance and levels of harm has been found to be robust by the Local Plan inspector.  


Old Glossop

Key considerations were:
  • Cumulative impact on heritage assets
  • Key views towards the heritage assets 
The inspector stated: 
"the cumulative impact of development in this location on the various heritage assets and their settings, particularly in relation to the Conservation Area, is such that it would give rise to harm to their significance. For the above reasons, while I have found that the overall harm would be less than substantial, it would nonetheless be material.
The Woodhead Road allocation sites for housing in the Local Plan have as a result been removed because of the harm to the heritage assets - the plan was approved with these omissions in April 2016.
The Inspector's decision can be seen at this link, paragraphs 189-200:
http://www.highpeak.gov.uk/sites/default/files/documents/pages/Inspector%27s%20Report.pdf

2. Wingfield Manor and South Wingfield -  acting as expert witness in January on behalf of the local planning authority, Mel Morris provided advice in dealing with heritage matters for a housing application for 90 dwellings at Inns Lane by Gladman Developments Ltd.   This affected the setting of the Grade I Wingfield Manor and the South Wingfield Conservation Area.  Despite lack of a 5-year housing supply, the Inspector concluded that the "adverse impacts are too high a price to pay."  
Wingfield Manor Derbyshire
View from the High Tower towards South Wingfield

He stated:
The character and appearance of the South Wingfield Conservation Area would not be preserved or enhanced and the significance of the Grade I listed Wingfield Manor would be diminished through harm to its setting. The level of harm to heritage significance would be ‘less than substantial’ in terms of the NPPF, but attracts considerable weight and importance in the balance. Moreover, the scheme would be suburban in layout and would extend existing ribbon development in Inns Lane into the countryside in a conspicuous and disproportionate way, in conflict with the pattern of existing development in the village and unduly assertive in its siting. The character and appearance of the area generally would be markedly adversely affected." 
The Inspector's decision to dismiss the appeal can be read on the Planning Portal under this PINS reference: APP/M1005/W/15/3006136
see also this link: https://acp.planningportal.gov.uk/ViewCase.aspx?Caseid=3006136&CoID=0