Comment

The dangers of a narrow approach to heritage setting

Heritage setting – particularly that for listed buildings – has been the subject of extensive analysis and consideration by the Courts, particularly in context of the statutory duties of primary heritage legislation.

The recent case of the grade I listed Kedleston Hall and its registered park and garden (Steer v SSCLG & Ors, June 2017) has resulted in a judgement from the High Court on how heritage setting should be properly approached, considered and interpreted in light of policy and guidance.

In broad summary, the case involved the Planning Inspector at public inquiry deciding that an application site for residential development was not within the setting of the listed building due to the absence of visual connection today (by virtue of a dense tree screen). The Inspector, had in the view of Mrs Justice Lang, been artificially narrow in his approach to the issue of setting and had therefore made an error of law (the Inspector’s decision was quashed). This judgement was reached in context of policy and guidance in respect of heritage setting (principally the Framework, PPG and Historic England’s ‘Good Practice Guidance’) which identifies non-visual attributes – e.g. functional relationships, historic and cultural associations and traditions – as part of the consideration of setting. By focusing on visual matters the Inspector had treated them as essential and determinative and this was an error of law.

The judgement gives force to Historic England’s advice on setting. Notably, this advice is presently being reviewed and revised to embrace other previous advice on consideration of views and visual matters, whilst continuing to emphasise the potential importance of non-visual attributes of setting.

The judgement highlights the need for a holistic approach to considering heritage setting taking full account of both policy and guidance – absence of which may lead to flawed assessment.

If you need any heritage advice, please contact a member of our Heritage team.

23 June 2017