The Court of Appeal judgment in Bramshill is the most recent in a long line of heritage based cases that have grappled with the question of harm and the countervailing benefits balance. The important factor was whether, as a point of law, the Inspector had erred in not applying what practitioners have come to call the ‘internal heritage balance’ and on the strength of the Court of Appeal judgment in a case well known to those who work in this litigious area. Lindblom LJ also had to consider the interaction of the development plan, the Framework and the statutory duty in section 66 (1), and in a case where the plan policy lacked the balancing provisions of the NPPF.
Where does it leave the so-called ‘heritage balance’ and what about those development plan policies on the historic environment which are not in step with the Framework’s approach?
The expert panel will reflect on whether the extensive case law that now exists takes us to a new place or just leads back to the place we thought we understood before Barnwell Manor.
The speakers will also discuss the former Whitechapel Bell Foundry appeal decision and the Secretary of State for Housing, Communities and Local Government, announcing his intention to conduct a review into planning policy and the historic environment.