Downsview Paddock, New Hall Lane, Small Dole, West Sussex, BN5 9YJ

Main issues, as the Inspector framed them

• The effect of the development on the integrity of the Arun Valley Special Area of Conservation (SAC), Special Protection Area (SPA) and Ramsar site (the Habitat Sites), specifically in relation to water neutrality
• Whether the appeal site is situated in an accessible location and complies with relevant local and national policies including the Council's spatial strategy
• The effect of the development on the character and appearance of the area
• Whether there are other material considerations that would outweigh any harm identified, such as the need for and supply of gypsy and traveller accommodation within the District, the availability of other sites for the appellant and his family to move to currently, and their personal circumstances

What decided it

The Habitats Regulations precluded the grant of planning permission because the development would, or could, adversely affect the integrity of the Arun Valley Habitat Sites through failure to reliably achieve water neutrality.

The benefits of an acceptable, sustainable gypsy and traveller site, increased pitch supply, and the appellant family's personal and human rights circumstances were outweighed by the overriding statutory requirement under the Habitats Regulations to avoid harm to the integrity of the Habitat Sites, precluding the grant of permission.