45. In my judgment, the passages set out above demonstrate the Inspector performing his own straightforward, careful estimation and characterisation of the harm to the Buxton Memorial and, as a consequence, to the Garden. His analysis is a sophisticated and, at times, poetic calibration of the harm. He begins by acknowledging the architectural and historic significance of the Buxton Memorial and the open spatial context in which it sits (IR 15.65/6). Turning to harm, he expresses the view that the ‘radically differing aesthetic moods of existing and proposed structures would collide in uneasy and discordant juxtaposition’. The ‘visual dominance of [the memorial] would unsettle and crowd the BM’ (IR15.67). He concludes that whilst the Buxton Memorial would remain physically unaffected by the proposal, it would fail to preserve its setting which he directs himself (correctly) as being of great importance and considerable weight, albeit that the harm ‘remains well below the threshold of substantial’ (IR15.69). In the context of the wider garden, he arrives at the view that “the exuberance of the Teulon’s structure would sit uncomfortably with the more sober and restrained modernity of the proposal”, albeit that “these adverse effects would be partly mitigated by the more open and appreciative way the BM would be experienced when viewed from the Embankment walk”. He concludes that the measure of harm to the RPG would be moderate (IR15.94). 46. In this context, read fairly and as a whole, his references to the ‘Bedford test’ alighted on by Mr Drabble at IR15.117 and 15.187 are no more than the Inspector confirming, or cross checking his analysis, conducted by reference to his view of the test as the ‘serious degree of harm to the asset’s significance’, by reference to the case advanced before him. In the case of IR15.88 the reference is no more than the Inspector repeating back the submissions made to him, to dismiss them as ‘considerably overstated’. It follows that I do not accept Mr Drabble’s submission that the Inspector’s reasoning was dependent on Bedford and thus in error. The Inspector formulated his own test, namely ‘the serious degree of harm to the asset’s significance’. This is unimpeachable and Mr Drabble did not attempt to impeach the formulation or propose an alternative formulation. 47. Moreover, the exercise conducted by the Inspector is entirely consistent with the approach to paragraphs 195 and 196 (now 201 and 202) of the NPPF, stipulated by the Court of Appeal in City & County Bramshill Limited v Secretary of State [2021] 1 WLR 5761. The question whether there will be substantial harm to a heritage asset is a matter of fact and planning judgment and will depend on the circumstances. The NPPF does not direct the decision maker to adopt any specific approach to identifying harm or gauging its extent beyond a finding of substantial or less than substantial harm. There is no one approach to the question: “74 The same can be said of the policies in paragraphs 195 and 196 of the NPPF, which refer to the concepts of “substantial harm” and “less than substantial harm” to a “designated heritage asset”. What amounts to “substantial harm” or “less than substantial harm” in a particular case will always depend on the circumstances. Whether there will be such “harm”, and, if so, whether it will be “substantial”, are matters of fact and planning judgment. The NPPF does not direct the decision-maker to adopt any specific approach to identifying “harm” or gauging its extent. It distinguishes the 17

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