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Planning appeal decision

Dismissed25 November 20213270797

Knapp Hill Farm , Bath Road, Wells, BA5 3LN

Planning appeal 3270797 at Knapp Hill Farm , Bath Road, Wells, BA5 3LN (Mendip District Council *) was dismissed on 25 November 2021 by Inspector O'Brien L, by written representations. The main issue, as the Inspector framed it: The effect of the proposal on the Somerset Levels and Moors Ramsar site with particular regard to the discharge of phosphates.

Proposed DP22 application for the conversion and change of use including a small extension of a redundant agricultural building into a 2 bedroom residence

Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
O'Brien L
Postcode
BA5 3LN

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

What decided it

The proposal would cause harm to the Somerset Levels and Moors Ramsar site through additional phosphate discharge, and the Habitats Regulations require that planning permission must not be granted where adverse effects on the integrity of a European site would occur without imperative reasons of overriding public interest.

What the Inspector cited

Development plan policies
Policy DP5Policy DP8
Judgments
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)

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.

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The decision letter

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More decisions in Mendip District Council

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.