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Dismissed31 August 20213263649

Land to the West of Rowington, Bridgwater Road, Winscombe , BS25 1NA

Planning appeal 3263649 at Land to the West of Rowington, Bridgwater Road, Winscombe , BS25 1NA (North Somerset Council) was dismissed on 31 August 2021 by Inspector Page L, by written representations. The main issue, as the Inspector framed it: the effect of the proposal on biodiversity and likely significant effects on the North Somerset and Mendip Horseshoe Bat SAC.

erection of 4 dwellings, associated works including access road, parking, and landscaping

Authority
North Somerset Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Page L
Postcode
BS25 1NA

Main issues, as the Inspector framed them

  • the effect of the proposal on biodiversity and likely significant effects on the North Somerset and Mendip Horseshoe Bat SAC
  • whether the proposal is in an appropriate location for housing in relation to the settlement strategy for the area including effects on character and appearance

What decided it

The proposed development would have an adverse effect on the integrity of the North Somerset and Mendip Horseshoe Bat SAC through loss of functionally linked foraging habitat and disruption to commuting routes, with inadequate mitigation measures, providing a clear reason for refusal under Paragraph 11(d)(i) of the Framework.

The Inspector found that even if the settlement boundary policies were out of date, the adverse effect on the SAC integrity provided a clear reason to refuse the development, and this ecological harm could not be outweighed by the limited socio-economic and energy benefits of four dwellings.

What the Inspector cited

Development plan policies
Policy CS4Policy CS14Policy CS32Policy CS33Policy DM8
National Planning Policy Framework
Paragraph 11Paragraph 69Paragraph 134Paragraph 180Paragraph 181
Judgments
Waddenzee case (ECJ [2004] C-127/02)

How the Inspector dealt with each one is set out in the app, in order: the development plan, national policy, housing land supply, other considerations and the planning balance, beside the letter.

See how each was applied

The decision letter

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The authority’s record since 2016 · every decision in 2021

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The main issues, what decided it, the planning balance and the policies and judgments listed as cited are read from the published letter by Town Planner Pro and are our summary, not the Inspector’s words; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.