EXCLUSIVE by DOUG COLLIE
A planning reporter appointed by the Scottish Government has dismissed attempts to have the 'rare' Victorian gates at the entrance to a Hawick estate deprived of their Historic Environment Scotland [HES] listed status.
In a decision published today Christian Leigh, the reporter, rejects the appeal lodged against the statutory protection by Tom West who lives in a bungalow on the former Linden Park estate alongside the A698 road.
The issue provoked a dispute among local residents - some in favour of the special status and others calling for the historic gates to be de-listed and removed on road safety grounds.
In his appeal statement, Mr West claimed: "Firstly, that the decision (by HES) is based upon inaccurate and misleading information. Secondly that the Listing Process followed for the Linden Park gates is flawed and not in accordance with the Designation Policy and Selection Guidance (2019) document or with recognised good management standards. Thirdly that in this case Historic Environment Scotland do not have the legal power to list the gates."However, those arguments are completely demolished by Mr Leigh in his written decision notice.
According to HES the stone and decorative iron gate piers which were the subject of the appeal are said to have been built as the main entrance gateway to the former Linden Park Estate in 1885 and likely designed by the architect of Linden Park House and estate ancillaries, John Guthrie. Linden Park House was destroyed by fire in the 1920s and the estate sold off in plots for housing throughout the 20th Century.
Mr Leigh states: "I saw at my site visit that the naturalistic, early Arts and Crafts design of the gates is attractive, being organically shaped and decorative in three dimensions. They are executed to a high standard of detail and workmanship, being gates that are clearly individually crafted. The well-crafted stone gatepiers are an equally important element. HES have provided a photograph from 1900 showing the gates and, apart from the loss of the original electric fittings, it is apparent they are little altered."
And his decision notice continues: "With regards to the setting of the gates and gatepiers, I
saw they form a clear indication of the former Linden Park Estate, along an
important road into Hawick. This represents an important trace of a small
country estate of the period set on the outskirts of the town.
"I have
commented that the gates are of high design quality. They are evidently an
early example of bespoke Arts and Crafts design with early electrical lighting,
and so the survival of the gates has further importance due to their age and
rarity. Although the appellant claims they may be a catalogue item from a
manufacturer, there is no robust evidence to support that claim; in contrast,
HES have provided evidence demonstrating that the majority of entrance gates
from this time were simpler in design."
Mr Leigh explains that with regards to social historical interest, the appellant (Mr West) claimed there was insufficient evidence to suggest that John Guthrie designed the
gates, and that he was not of national importance.
But the evidence from HES
indicated strongly to Mr Leigh that Guthrie was the architect of the Linden House
Estate. Given that fact, the strong likelihood was that he also designed the
gates and piers. Even if that was not the case, HES maintain that the special
interest of the gates and the piers was primarily from their design and that,
whilst a notable designer can add interest to a site in listing terms, it was not
a prerequisite.
"Based on the evidence presented to me, and observations at the
site visit, I agree that such a conclusion by HES was sound, and that the
special architectural interest of the gates and piers stems from the design,
setting, age and rarity.
"I am therefore satisfied that the gates and associated
gatepiers are of special architectural and historic interest. The appellant
says the listing process followed by HES was flawed as it did not follow its
own designation process nor operate a quality management system to ensure a
credible decision.
"The evidence provided to me by HES show the extensive work
undertaken in the decision to list, involving consultation with residents and
the local authority, a site visit, a comprehensive appraisal of the special
architectural and historic interest of the building, and consideration of
representations received by relevant stakeholders.
"I cannot see any credible
objection to this work that indicates HES failed in following the correct
process. The appellant further states that HES do not have the legal powers to
list the gates and associated piers. This is claimed on the basis that the
gates and piers can only be listed as part of being within the curtilage of an
existing listed building, and there is no such listed building in existence. The
gates and associated gatepiers are a structure in their own right and so can be
considered as a building. The appellant is therefore not correct on this point."
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