Members’ letters and legal matters.


Here we publish a selection of some of the recent correspondence received by our team. We always love to hear from you, so if you have any queries, comments or suggestions please get in touch via post or email. By email: editor@lpoc.co.uk By post: LPOC, Lower Dane, Hartlip, Kent ME9 7TE


A


HARMFUL HOUSING DEVELOPMENT


We have just joined LPOC and read with interest the David vs Goliath article in Listed Heritage. We are in a similar situation and would welcome some advice on how best to deal with the situation.


We live in a 17th-century Grade II listed thatched cottage on the edge of a small village, surrounded on three sides by open fields, with views to the Chiltern hills. This is the only cottage in the village with this rural outlook.


We have been advised of a planning application to build more than 100 houses in the field on our southern boundary. Outline planning was granted about 6 months ago however we have just seen the planning application submitted by the developer. We believe that the development has significant consequences for the setting and character of our cottage.


26 Listed Heritage Magazine September/October 2018


My question is rather general: I understand that we have a responsibility to maintain the cottage for the benefit of future generations, but who has the responsibility to protect the cottage from such developments to preserve the character and situation of the cottage. I would appreciate any pointers on what grounds I may make meaningful objections. Are there any regulations that should be applied to shield us from such developments which would give me a basis to object; do we have any protection measures that they have to meet?


I don’t think we would be eligible or willing to go down the Grade II* listing route, but surely Historic England should have some sort of input in such cases. I did write to them for advice but they basically said they were not interested unless we were Grade II* and it would be up to the local authority to get them involved. Makes you think that the system is against you.


In considering any proposals for


t LPOC, our dedicated team of experts are here to provide our members with expert guidance on all matters relating to listed property ownership including listed building consent, VAT, insurance


development the local planning authority has a statutory duty to ‘have special regard to the desirability of preserving’ your listed building and its setting. The duty is set in law in the Planning (Listed Buildings and Conservation Areas) Act 1990 section 66 (1). It applies equally at the outline and the detailed planning stages.


If they do not ‘have special regard’ or cannot show that they have ‘had special regard’ their position would be very weak and any planning decision could be challenged through the high court (a judicial review).


However, if outline planning permission has already been granted then the decision has already been made in principle and any opportunity for you to affect that decision has passed. The detailed design including siting, landscaping, materials, height etc. will still be open for comment but the principle of development will not.


David and Irene’s ace card was getting the listing upgraded to II* because that automatically brought Historic England to the table as a statutory consultee. The likelihood of that being open to you is very small indeed unless your house meets the selection criteria for upgrading to II*.


I am aware that there are a lot of complex issue which I have only touched on here. If it would help to talk it through please don’t hesitate to get in touch.


Peter Bell BA MA DPD (Bldg Cons) IHBC LPOC Conservation Advisor


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