Client: Notting Hill Gate KCS Limited
Counsel: Christopher Katkowski KC
Planning Consultant: Quod
Project overview: Heritage expert witness on behalf of applicant, in support of the proposals for the demolition of the existing buildings and a mixed-use redevelopment, across six buildings (ranging from ground plus 2 storeys to ground plus 17 storeys), at a call-in Inquiry.
Heritage assets included four immediately adjoining conservation areas (Kensington Conservation Area; Kensington Palace Conservation Area; Pembridge Conservation Area; and Ladbroke Conservation Area), listed buildings, including the immediately adjacent Notting Hill Gate Underground Station, Kensington Palace (listed grade I, located within the Kensington Palace Conservation Area and Kensington Gardens grade I registered park and garden); and villas along Kensington Palace Gardens (listed grade II and II*, located within the Kensington Palace Conservation Area).
Client: London Borough of Tower Hamlets
Counsel: Alexander Booth KC
Project overview: Heritage expert witness on behalf of the London Borough of Tower Hamlets, in support of the proposals for conversion of the listed building at a call-in Inquiry. Proposals include a reinstated foundry, artists’ and creative workspace, as well as shop and educational facilities in the grade II* listed building. New hotel development on the adjacent land, including an unlisted 1980s bell frame workshop, all within the Whitechapel High Street Conservation Area.
The former bell foundry is a heritage asset of the highest significance. The building is associated with continuous bell-making for nearly 3 centuries and said to be the site of ‘Britain’s oldest manufacturing company’. It is a complicated building complex, taking in the domestic front range (c. 1740s and including a c. 1820 shopfront) and the industrial rear foundry and workshops (various dates). The case involved the consideration of matters including repairs to the listed building, design, use, and physical impacts, as well as impacts from the use, and the question of ‘optimum viable use‘.
Client: Viewpoint Estates
Counsel: Christopher Young KC
Architect: BPTW
Townscape: Dr Chris Miele
Project overview: Heritage expert witness on behalf of the Appellant, in support of the proposal for a mixed-use scheme with three tall buildings stepping up to 17 storeys. Involvement included pre-application submission and meetings (Council, Historic England, Conservation Advisory Group), advice and a Heritage Statement in support of the full application.
A key heritage asset was the grade II* listed Southgate Underground Station, approximately 200 metres from the application site. The underground station was designed by Charles Holden of Adams, Holden and Pearson for the London Passenger Transport Board and it opened in March 1933. Associated with the station are the station pylons to the north and south of the station (also listed grade II*) and Station Parade (listed grade II).
The application site immediately adjoined the Southgate Circus Conservation Area, and a 19th century pub within the conservation area.
More distant heritage assets included Grovelands Park Hospital (listed grade I); a grand country house of 1797, designed by John Nash, set in a landscaped parkland by Humphry Repton and laid out as a public park in early 20th century. The grounds Grovelands Park Hospital is registered at grade II*.
The Inspector agreed with the assessment that, while the setting of the station complex, and the individual listed buildings that make it up, would change as a result of the proposal, the change would not be harmful to the setting of the complex or the individual buildings within it, or their significance as a group, or as individual buildings. The inspector likewise found no harm to the conservation area.
Client: Antepavilion Commission
Counsel: Stephen Cottle
Project overview: Heritage expert witness on behalf of the appellant to two enforcement notices against:
· The erection of four unauthorised structures at roof level, the installation of a platform and decking at roof level and the installation of fencing around the roof edge at 53 Laburnum Street.
· A material change of use of the land to a mixed use - (A3) Restaurant and bar, (D1) the display of art installations (D2) cinema; and, use to host social gatherings / as an events space (Sui generis use).
The site falls within the Regent’s Canal Conservation Area and the heritage case revolved around the effect of the appeal development on the Regent’s Canal Conservation Area and the setting of neighbouring listed buildings (Haggerston Baths opposite the rear of the site and the immdediately adjoining Haggerston Bridge over the canal). This included the uses and display of art, which the Appellant argued enhances rather than harms the character and appearance of the conservation area, which has a notable and longstanding association with artists and artwork.
This was a very interesting case, perhaps most (in) famous for the Council’s injunction against a floating installation of four life sized sharks in the canal (appropriately called Sharks!). The Inspector described it as “a novel case where both appeals concern what have been referred to as art installations”. The structures included winning entries in an annual design competition known as the Antepavilion Commission. The commission promotes art, design and new initiatives in low-cost but craftsmanship-intensive, self-build architecture.
Appeal A dealt specifically with various rooftop structures (some of which had been dismantled), and two of these, along with two fences, were found to be harmful - though not the art installations subject to the enforcement action.
Appeal B was successful and planning permission was granted for a material change of use of the land from a mixed use (2 dwellings and artists’ studios) to a mixed use comprising: 2 dwellings, artists’ studios, a restaurant and bar, the display of art installations; a cinema; and to host social gatherings / as an events space (sui generis use).
The use does not include any specific art installations, as the Inspector found that externally displayed art installations generally require planning permission in their own right. Those that may not require planning permission in their own right, would in the Inspector's view be unlikely to be harmful in terms of their effect on the character and appearance of the area. The Inspector found that granting planning permission for the mixed use would not necessarily result in an uncontrolled proliferation of art installations that may harm the character and appearance of the area. The Inspector found that the conditions suggested by the Council, prohibiting the display of art on the roof or on the canal, were unnecessary.
Client: London Borough of Tower Hamlets
Counsel: Sasha White KC
Project overview: This case was the subject of the controversial decision by Robert Jenrick MP (then Secretary of State for Housing, Communities and Local Government), which disagreed with the Inspector’s dismissal of the scheme but which was then overturned following a Judicial Review, and redetermined in November 2021. In both cases the Secretary of State agreed with the Inspector about heritage harms (there were differences in the overall planning balance between the firs and the second SoS decisions), and the appeal was dismissed on 18 November 2021.
Ignus acted as the heritage expert witness on behalf of the London Borough of Tower Hamlets, against the proposals for a scheme of tall buildings up to 43 storeys, following an earlier approval for lower buildings on the same site. The key heritage assets were the Maritime Greenwich World Heritage Site (including the listed buildings contained within it) and the grade I listed Tower Bridge.
The Inspector agree that the appearance of the proposed towers between the twin domes of the Old Royal Naval College would distract from the ability to appreciate the two domes as a symmetrical pair, and that it would harm their significance.
Likewise, the Inspector agreed that there are important views in the direction of Tower Bridge from London Bridge, in which the distinctive silhouette of Tower Bridge can be appreciated against the sky without the interruption of background buildings. The Inspector agreed that the scheme would interrupt this and cause less than substantial harm.
Client: HFS Developments 2 Ltd
Counsel: Zack Simons
Architect: Henley Halebrown
Townscape: Professor Robert Tavernor
Project overview: Heritage expert witness on behalf of the Applicant, in support of the proposals for an exceptional 100% affordable housing scheme in a 17 storey building. Involvement included pre-application submission and meetings, advice and a Heritage Statement in support of the full application, as well as dealing with representations against the scheme prior to the Committee meeting.
A key heritage asset was the grade II* listed Church of St Thomas of Canterbury, along with its attached grade II listed presbytery, approximately 100 metres from the application site. The church was designed by Augustus Welby Northmore Pugin; it was one of only three major commissions he received after 1846, and remains his only complete parish church in London.
The church is located in the Central Fulham Conservation Area, which was also a key heritage asset at the inquiry.
Other heritage assets considered included a total of 57 listed buildings, 14 conservation areas and one registered park and garden (the Brompton Cemetery) within a 1km radius search area around the application site.
Client: Tottenham Hotspur Football & Athletic Co. Ltd
Architect: F3 Architecture
Counsel: Chris Katkowski KC
Planning Consultant: Quod
Project overview: Heritage expert witness dealing with the impacts of a residential-led mixed use redevelopment, including two tall buildings. Heritage assets assessed included the Tottenham Historic Corridor/North Tottenham Conservation Area, the grade II listed The Grange on White Hart Lane and the adjacent unlisted Station Master’s House. Whilst at Heritage Collective.
LAND AT WINDACRES FARM, RUDGWICK
LAND AT WINDACRES FARM, CHURCH STREET, RUDGWICK RH12 3EG
Client: William Lacey Group
Counsel: Mark Westmoreland Smith
Project overview: Heritage expert witness on behalf of the Applicant, in support of an outline application for up to 57 houses with access, etc. The key heritage assets included the grade I listed Church of the Holy Trinity, a medieval church with 19th century restorations, and also the grade II listed Duke’s Farm House, both adjacent to the appeal site and located in the Rudgwick Conservation Area. The more distant grade II listed Trade Winds and Duke’s Cottage were also considered.
The Inspector agreed that there would be some harm to the setting of the church, the farmhouse and the conservation area, but that the harm would be outweighed by the public benefits (the appeal was dismissed on character and appearance/landscape effects).
