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Planning appeal decision

Dismissed24 November 20213269669

Stratton Farm Buildings , Stoney Stratton , Shepton Mallet , Somerset, BA4 6DY

erection of a dwelling and annex

Authority
Mendip District Council *
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
O'Brien L

Main issues, as the Inspector framed them

  • the effect of the proposal on the Somerset Levels and Moors Ramsar site with particular regard to the discharge of phosphates
  • whether or not the proposed development would occupy an acceptable location for a permanent residential dwelling

What decided it

The proposal would cause harm to the Somerset Levels and Moors Ramsar Site through phosphate discharge, conflicting with the Habitats Regulations and development plan policies, and this harm would significantly and demonstrably outweigh the limited benefits of the scheme.

The benefits of housing supply and economic activity were outweighed by the significant harm to the Ramsar Site; the absence of harm on the location issue was treated as neutral rather than a benefit.

Plan policies cited: Policy DP5, Policy DP8, Policy CP1, Policy CP4

Judgments cited: Coöperatie Mobilisation for the Environment UA and Others v College van gedeputeerde staten van Limburg and Others (Joined Cases C-293/17 and C-294/17)

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.