Land adjacent to 1 Swains End, Swains Road, Bembridge, PO35 5XT

Main issues, as the Inspector framed them

• the effect of the proposed development on the character and appearance of the area
• whether the proposal would preserve or enhance the character or appearance of the Bembridge Conservation Area
• the effect of the proposed development on trees
• the effect of the construction phase of the proposed development on a public right of way
• the effect of the proposed development on protected habitats sites
• the effect of the proposed development on protected species

What decided it

The harm to the Bembridge Conservation Area and protected habitats sites, combined with harm to character and appearance and trees, with insufficient public benefits to outweigh these harms, and the application of paragraph 11(d)(i) of the Framework which provides a clear reason for refusal where heritage assets and habitats sites are at particular importance.

The harm to heritage assets and protected habitats sites, combined with harm to character and appearance, trees and the public right of way, outweighed the modest benefits of housing delivery and green credentials, particularly given the application of paragraph 11(d)(i) of the Framework which disapplies the presumption in favour of sustainable development where clear reasons for refusal exist relating to heritage and habitats protection.