Applicant win against inflexibly applied local heritage policy

Altus Planning & Appeals were recently successful in overturning the City of Stirling’s decision to refuse an application seeking to demolish an existing dwelling due to the requirements of the City’s Character Retention Guidelines for the Heritage Protection of Menora.

Joe Algeri, the Director, appeared on behalf of the Applicant in a combined role (both as agent and providing expert planning evidence). Joe was able to successfully argue (with the assistance of a heritage expert) that, whilst the proposal did not categorically satisfy the three criteria of the City’s Character Retention Guidelines for demolition, there was still a planning case for demolition. The Tribunal accepted that the dwelling did not make a positive contribution to the cultural significance of the area given the dwelling’s uncharacteristic form in relation to other Austerity Cottages in the broader area, and therefore warranted demolition.

The Tribunal’s decision to allow the demolition was published on 5 January 2017 and can be viewed here. Should you require further information please contact Joe direct.