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Trigpoint Conservation & Planning provides independent, expert advice on planning and the historic environment and the Meeting Place lets you know more about the projects that we have been involved in.

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Saturday 16 January 2010

Lack of Heritage Report Costs 8 House Plots

Leicester Grammar School, Evington Hall, Spencefield Lane, Leicester

A recent appeal case in Leicester shows the importance of getting the right advice at the right time in the development process, which in this case would have added value to the development proposals and may have saved the City Council money.

Having refused planning permission for 18 dwellings in the grounds of Evington Hall, a Grade II listed building, Trigpoint Conservation & Planning was commissioned by Leicester City Council to prepare its case for the public inquiry in respect of the potential impact of the development on the setting of the listed building.

After a detailed assessment of the proposals Trigpoint Conservation & Planning was confident that there were sufficient grounds to support the Council’s case; the appellants had not provided the required assessment of the potential impact of the proposed development on the listed building’s setting and the development of houses on the land alongside the building was likely to have an adverse impact on its setting.

However in the week before the Inquiry the Council withdrew its objections and so Trigpoint Conservation & Planning was not able to present the Council’s case to the Inspector.  The heritage consultant acting on behalf of the appellant, Mr Paul Drury of The Paul Drury Partnership, was however able to make the appellant’s case, arguing that the development of houses alongside the listed building would not harm its setting.

In what is quite a complex appeal decision, that was also accompanied by a costs claim, the Inspector allowed the appeal and awarded costs against the Council (he perhaps had little option given the Council’s late decision to withdraw its objections) but in dealing with the heritage issues the Inspector fully agreed with the advice given to the Council by Trigpoint Conservation & Planning and dismissed the appellant’s case. 

He made the point in dealing with the costs application that the appellant had not submitted sufficient information with the original application to assess the impact of the development on the listed building’s setting, and he went on to say that he shared our concerns that dwellings to the side and rear of the Hall would harm its open setting and so he attached a condition preventing any development in these areas.

The appellants clearly did not provide the right advice at the right time.  Had they provided a heritage statement with their planning application the Council would not have raised any objections relating to the setting of the listed building as its main concern related to the lack of information.  This decision has now become a very expensive mistake as the appellants have effectively lost 8 valuable housing plots.

Trigpoint Conservation & Planning on the other hand is able to take some satisfaction from the fact that our concerns regarding the lack of supporting information and our appraisal of the development potential of this site were both fully accepted by the Inspector, underlining the sound professional advice given by Trigpoint Conservation & Planning to its client.

Our aim is to help our clients achieve their planning aspirations for their site, you can be confident that we will provide a realistic assessment of the development potential of a site and practical advice on the strategy for dealing with the development proposals, allowing our clients to identify and manage any potential risks and objections and increasing their chances of obtaining a planning approval.