Land South Of 10 To 12C High Street, Seal, Kent, TN15 0ED

Main issues, as the Inspector framed them

• Whether the proposal would be inappropriate development in the Green Belt having regard to the Framework and the development plan policies
• The effect of the proposed development on protected species (bats)
• Whether the proposed development would conserve and enhance the natural beauty of the Kent Downs Area of Outstanding Natural Beauty (the AONB)
• If the proposed development is inappropriate development, would the harm by reason of inappropriateness, and any other harm, be clearly outweighed by other considerations so as to amount to the very special circumstances required to justify the proposed development

What decided it

The absence of adequate ecological survey evidence to establish whether trees to be removed contain potential roost features for bats, which cannot be ascertained and therefore cannot be demonstrated not to cause adverse impacts on a protected species, outweighs the housing and other benefits.

The economic, environmental and social benefits of the development (housing delivery, design quality, local services support, and potential landscape enhancement) together afforded moderate weight, but were significantly and demonstrably outweighed by the substantial weight given to the unresolved risk of adverse impacts on protected species (bats), a matter of high legal protection.