Home > Seminars > Webinar – The Future of Heritage Planning: the effects of the Bramshill case

This webinar has now taken place. You can find a link to the webinar recording and presentation slides in our resources tab or by clicking here.

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Landmark Chambers, Herbert Smith Freehills and Montagu Evans will be hosting a webinar on Tuesday 25th May 2021 at 5pm – 6pm.

The facts of the case were particularly relevant in this case, and so the webinar will present an illustrated talk explaining the main points. This will be presented by Rosie Adamson, an associate partner in the historic environment team of Montagu Evans, who worked on the Appeal. Dr Chris Miele, the senior partner at Montagu Evans specialising in this area (and who gave the evidence), will frame the discussion, with a legal analysis from Zack Simons (Landmark Chambers), Annika Holden (Herbert Smith Freehills) and Matthew White (Herbert Smith Freehills).

**This event will be hosted on Zoom as a webinar, please visit https://zoom.us/privacy to read Zoom’s privacy policy. Landmark Chambers’ privacy notice may be accessed here. Participation is free of charge however, advance registration is required. Please note that participants will receive the joining instructions by email prior to the webinar.**


Details

Date:

Tuesday 25th May 2021

Time:

17:00 - 18:00

CPD:

1

Fee:

Free to attend

Venue:

Online

Programme

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.

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