I really don't see what grounds an owner could use to force a HER not to record things. The interior of a house might be considered private but if the owner doesn't know that s/he has the heritage asset I don't see that it could be. I do recall that EH had problems with the CLA over Images of England and well remember some tweedy gent from that organisation saying on Radio 4 something like "these people [EH] don't seem to realise that some of these buildings are people's homes" - completely ignoring that the vast majority of LBs are people's homes ('poor' people). I think EH took some pictures off on the basis that it could promote architectural theft (anyone's HER been searched for "lead roof"?).
The tricky bit is when, as it appears now, your own organisation is nervous - perhaps 'demanding' the appropriate resources would shut them up.
Apologies for rambling nature of the above but it's nearly Friday.
--
Chris Webster
Somerset Historic Environment Record
Somerset County Council
Somerset Heritage Centre
Brunel Way
Taunton
TA2 6SH
01823 347434
Online HER at www.somerset.gov.uk/her
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