{"id":5661,"date":"2013-04-12T16:54:27","date_gmt":"2013-04-12T16:54:27","guid":{"rendered":"http:\/\/ihbconline.co.uk\/newsachive\/?p=5661"},"modified":"2013-04-12T16:54:27","modified_gmt":"2013-04-12T16:54:27","slug":"ihbc-spotlights-recent-case-law-on-significance-special-and-harm","status":"publish","type":"post","link":"https:\/\/newsblogs.ihbc.org.uk\/?p=5661","title":{"rendered":"IHBC spotlights recent case law on \u2018significance\u2019; \u2018special\u2019 and \u2018harm\u2019"},"content":{"rendered":"<p><span style=\"text-decoration: underline;\">The IHBC\u2019s consultation consultant, James Caird, has drawn attention to recent English case law relating to legal interpretations of key heritage concepts such as \u2018significance\u2019, \u2018special\u2019, and \u2018harm\u2019 that, though tested under England\u2019s former PPS regime, usefully inform current aspects of heritage management, including that under England\u2019s National Planning Policy Framework (NPPF).<\/span><\/p>\n<p>This case covered a Planning Inspector\u2019s determination and revolved around the fact that the Inspector had failed to consider adequately the duty to \u2018have special regard\u2019 to the setting of the Listed Building. It concluded that \u2018special regard\u2019 is just that: more weight than ordinary material considerations.<\/p>\n<p>The judgement, made in the High Court case of East Northants &amp; others v SoSCLG &amp; others, included in its conclusions that:<\/p>\n<p>\u2018the Inspector did not at any stage in the balancing exercise accord \u2018special weight\u2019, or considerable importance to \u2018the desirability of preserving the setting\u2019. He treated the \u2018harm\u2019 to the setting and the wider benefit of the wind farm proposal as if those two factors were of equal importance. Indeed, he downplayed \u2018the desirability of preserving the setting\u2019 by adopting key principle (i) of PPS22, as a \u2018clear indication that the threshold of acceptability for a proposal like the one at issue in this appeal is not such that all harm must be avoided\u2019 (paragraph 86). In so doing, he applied the policy without giving effect to the section 66(1) duty, which applies to all listed buildings, whether the \u2018harm\u2019 has been assessed as substantial or less than substantial.\u2019<\/p>\n<p>For the reasons set out above, I have concluded that the Inspector erred in law by not giving effect to the duty under section 66(1) P(LBCA)A 1990 when carrying out the balancing exercise.\u2019<\/p>\n<p><span style=\"text-decoration: underline;\">See the case at<\/span>: <a href=\"http:\/\/www.bailii.org\/ew\/cases\/EWHC\/Admin\/2013\/473.html\" target=\"_blank\">LINK<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"<p>The IHBC\u2019s consultation consultant, James Caird, has drawn attention to recent English case law relating to legal interpretations of key heritage concepts such as \u2018significance\u2019, \u2018special\u2019, and \u2018harm\u2019 that, though tested under England\u2019s former PPS regime, usefully inform current aspects &hellip; <a href=\"https:\/\/newsblogs.ihbc.org.uk\/?p=5661\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[5],"tags":[],"class_list":["post-5661","post","type-post","status-publish","format-standard","hentry","category-sector-newsblog"],"_links":{"self":[{"href":"https:\/\/newsblogs.ihbc.org.uk\/index.php?rest_route=\/wp\/v2\/posts\/5661","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/newsblogs.ihbc.org.uk\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/newsblogs.ihbc.org.uk\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/newsblogs.ihbc.org.uk\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/newsblogs.ihbc.org.uk\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=5661"}],"version-history":[{"count":1,"href":"https:\/\/newsblogs.ihbc.org.uk\/index.php?rest_route=\/wp\/v2\/posts\/5661\/revisions"}],"predecessor-version":[{"id":5662,"href":"https:\/\/newsblogs.ihbc.org.uk\/index.php?rest_route=\/wp\/v2\/posts\/5661\/revisions\/5662"}],"wp:attachment":[{"href":"https:\/\/newsblogs.ihbc.org.uk\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=5661"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/newsblogs.ihbc.org.uk\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=5661"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/newsblogs.ihbc.org.uk\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=5661"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}