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The future of heritage planning

Lawyers from Landmark Chambers, Herbert Smith Freehills and Montagu Evans consider the impact of the Bramshill case on the future of heritage planning.

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

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The expert panel 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 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.

To access the presentation slides for this webinar, please follow this link - here

About the speakers

matthew white

Matthew White

Matthew is head of the planning team in London at Herbert Smith Freehills and a partner in the real estate practice.

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Zack Simons

Zack acts for a wide range of developers at Landmark Chambers, including some of the UK’s leading housebuilders, a wide range of regional housebuilders and some of the country’s leading land promoters, Central Government, and many local planning authorities.

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annika holden

Annika Holden

Annika is a senior associate in Herbert Smith Freehills' real estate team and advises on planning and consents.

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Dr Chris Miele

Dr Chris Miele

Chris is a chartered town planner who specialises in all forms of sensitive land, with particular expertise in the historic environment (listed buildings, conservation areas, World Heritage Sites, Registered Parks, Scheduled Monuments) and related landscapes (such as AONBs) at Montagu Evans.

Rosie Adamson

Rosie Adamson

Rosie is a historic built environment expert within planning and development. She supports clients at Montagu Evans on developments requiring specialist heritage advice with a commercial focus.



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