appreciate its multi-facetted significance. The wider effects of
this relationship on the character and special interest of the
park are explored below. (15.91-15.93)
…
15.69 Notwithstanding these effects, the BM would remain
physically unaffected by the proposal, and in this respect, its
special architectural and historic interest would be preserved.
That said, this outcome would fail to preserve the setting of the
BM, a Grade II* listed building, in accordance with the
expectations of the Act, such a consideration the Courts
anticipate being given considerable importance and weight. It
would also be contrary to those of paragraphs 193 and 194 of
the NPPF, which anticipates great weight being given to the
conservation of DHAs and their settings. Accounting for these
considerations, I characterise this harm to the setting of the
Grade II* memorial as being of great importance. Although
this measure remains well below the threshold of substantial, I
nevertheless afford this a measure of considerable weight in the
heritage balance.”
41. He further considers the impact of the development on the Buxton Memorial in the
context of the Registered Park and Garden at 15. 90 – 15.94:
“15. 90 However, as I have determined above, despite the best
efforts of the Applicant’s multi-disciplinary design team, a
successful relationship between the proposed structure and the
BM has not been fully achieved. The setting of the Grade II*
structure would not be preserved, and it is necessary to
consider this again here to understand the effect this could have
the significance of the RPG.
15. 91 It is clear to all that the present location of the BM, a
relocation after its storage following removal from Parliament
Square, has been chosen with some care and that its
installation in 1957 represents one of the more prominent postwar interventions into the park. Arguably the location chosen
on the axis of Dean Stanley Street at the end of an existing path
within the park was one not too difficult to arrive at. After all,
such axial devices have been used before in the park, for
example in the initial siting of the Pankhurst Memorial on that
of Great Peter Street immediately to the north. Such a location
borrows the force and symmetry of existing views, whilst giving
the monument sufficient space from the others already
populating the park to the north (albeit that these had arrived
at their respective locations only the year before).
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