Friday, December 25, 2009

Inspector's Summary of Conclusions in the Appeal Report

Report APP/K6920/A/08/2078434
Here is the Summary by Public Inspector Mr A D Poulter BA Arch RIBA, of his Conclusions at the end of his Report on the Appeal by Barakat Ruperra Limited held in April 2009

Summary of Conclusions

144. I have concluded above that the location of the proposed development would not be sustainable, and that there would be significant harm to the landscape and the area's rural character. The proposed development would not preserve the setting of the listed buildings on the site, and would not preserve or enhance the character or appearance of the Ruperra Park and Castle Conservation Area. There would also be harm to the important historic features within the listed stable and coach-house range. There would be conflict in these respects with Sections 66(1) and 72(1) of the LB Act, and national and local planning policies which give effect to those requirements.
145. On balance, I consider that the harm to matters of public interest that I have identified would far outweigh the benefits of the proposed development. It has therefore not been demonstrated that there are circumstances that would justify the grant of planning permission.
146. Contrary to paragraph 69 of Circular 61/96, the appellant has not provided sufficient information to enable the planning authority to determine the likely impact of the proposals on the special architectural or historic interest of the listed buildings and on their setting. I have concluded that it would not be appropriate to use conditions to overcome the lack of information in this instance. To allow the appeal in these circumstances would conflict with Paragraph 111 of Circular 61/96, which advises that the authority must always be satisfied that it has adequate information to assess the effect of proposed works on a listed building before granting consent. This conclusion adds weight to that reached above.
147. I conclude that the appeal should be dismissed.


148. I recommend that the appeal be dismissed.

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