the range of positive factors that would enhance the character
of VTG as an RPG, I conclude that the measure of harm overall
would be moderate. Nevertheless, accounting for the
expectations of paragraph 193 of the NPPF that great weight
be afforded to the conservation of DHAs, I afford this harm
considerable weight in the heritage balance.”
42. The Inspector draws his conclusions together on the effect on designated heritage
assets as follows:
“…In respect of each key DHA, the BM, the RPG and the
WAPSCA, the modest degree of harm to trees has been added
to the final sum of harm in each…in no case, does this
aggregated degree of harm to each asset individually approach
anything near the substantial threshold established by either
Bedford or the PPG. Furthermore, even when the individual
harms to DHAs are considered cumulatively, as required, they
again still fall well below the substantial threshold established
by Bedford and the PPG. Having fully considered such harms, I
now turn to the public benefits.” (IR15. 117) (emphasis added)
43. In support of his case, Mr Drabble placed emphasis on the reference to Bedford in the
extract quoted above. He also referred to the section of the Report in which the
Inspector conducted the heritage balancing exercise required by the NPPF (then
paragraph 196 now paragraph 200) and the Inspector’s reference to:
“15.187 Let us remember, for comparison, that substantial
harm requires, in the case of Bedford, that the harm be
assessed as ‘serious’ with significance needing to be very
much, if not all, ‘drained away’. Alternatively, paragraph 018
of the PPG indicates that an important consideration is whether
the adverse impact would ‘seriously’ affect a key element of
special interest. My reasoned judgement is that this bar has not
been reached here and, contrary to the views of objecting
parties, the harm, calibrated cumulatively at no greater than a
medium degree above moderate, (still accounting for the great
importance apportioned to the harm to the setting of the BM)
would not come close to substantial for any asset, by either
measure.”
(emphasis added)
44. Finally, he pointed the Court to IR 15.88 in the context of the wider analysis of harm
to the Registered Park and Garden) and to the Inspector’s observation that “claims
that such effects…would in fact vitiate or substantially drain away the significance of
the RPG, even justifying deregistration, are in my view considerably overstated…” as
further evidence in this regard.
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