- The Roman settlement at Cuckoo’s Corner is a Scheduled Monument of national importance.
- Notwithstanding the risk to under ground archaeology at the site, the relocation of a play area and kick about area onto the Scheduled Monument risks trivialising and damaging a nationally significant heritage asset – an act that prioritises convenience over cultural responsibility. The monument’s integrity must be respected – not compromised by modern infrastructure.
- The development would also severely impact the setting of the Scheduled Monument – a setting that plays an important role in helping to understand why the Roman settlement was located in this location.
- For the above reasons, the development would result in substantial harm to the significance of the Scheduled Monument. In this context, wholly exceptional justification of the harm, as is required under paragraph 213 of the NPPF, has not been demonstrated.
- The application should be refused under JCS Policy CP30 and NPPF paragraph 11d(i) and the tilted balance under NPPF paragraph 11d(ii) need not be engaged.
The Torrisholme Bowl Barrow appeal decision provides a clear example of the weight that the NPPF attributes to the protection of nationally important Scheduled Monuments and their settings.