13 Heather Close, Rodborough, STROUD, GL5 3QY

Main issues, as the Inspector framed them

• The effect that varying or removing Condition 9 would have on the SAC
• The effect that varying or removing Condition 8 would have on biodiversity
• The effect that varying or removing Condition 2 would have on the character and appearance of the area and the living conditions of the occupiers of nearby dwellings, with particular regard to outlook and privacy
• The effect that varying or removing Condition 10 would have on the character and appearance of the area and the living conditions of the occupiers of nearby dwellings, with particular regard to privacy and outlook
• The effect that varying or removing Condition 3 would have on the living conditions of the occupiers of nearby dwellings, with particular regard to privacy, noise and disturbance
• The effect that varying or removing Condition 5 would have on highway safety and the living conditions of the occupiers of nearby dwellings with particular regard to privacy, noise and disturbance
• The effect that varying or removing Condition 4 would have on encouraging sustainable transport modes

What decided it

The failure to secure appropriate mitigation for the Rodborough Common Special Area of Conservation in breach of the Conservation of Habitats and Species Regulations 2017 rendered the original permission fundamentally flawed and the appeal could not be allowed.

The potential harm to the integrity of the Rodborough Common SAC outweighed the limited contribution to housing supply and economic and social benefits from a single dwelling, with the SAC being an area of particular importance for which the presumption in favour of sustainable development does not apply.