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Planning appeal decision

Dismissed31 August 20213263649

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

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

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The Inspector found that even if the settlement boundary policies were out of date, the adverse effect on the SAC integrity provided a clear reason to refuse the development, and this ecological harm could not be outweighed by the limited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

Framework references: 11, 69, 134, 180, 181

Plan policies cited: Policy CS4, Policy CS14, Policy CS32, Policy CS33, Policy DM8

Judgments cited: Waddenzee case (ECJ [2004] C-127/02)

The main issues and the deciding factor are read from the published letter by Town Planner Pro; 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 other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.