Land known as Land adjacent to Cat-C-Vu, Preston Hall Gardens, Warden, Kent, ME12 4PL

Main issues, as the Inspector framed them

• whether the proposal represents an acceptable form of development having regard to the effect on character and appearance of the area, with particular regard to the mobile-home's siting and design
• whether the proposal represents an acceptable form of development having regard to the effects on the living conditions of neighbouring occupiers, with particular regard to those at Cat-C-Vu
• whether the mobile home provides for a satisfactory standard of living accommodation for its occupier
• whether the proposal would affect the integrity of the Special Protection Area (SPA) and, if not, the appropriateness of mitigation in this regard

What decided it

The absence of a secured financial contribution towards SPA mitigation measures, which cannot be imposed as a condition and is essential to comply with the Conservation of Habitats and Species Regulations and policy DM28.

The absence of harm on three of four main issues and the appellant's personal circumstances of potential homelessness were outweighed by the inability to secure the necessary SPA mitigation contribution, which is a legal requirement under the Conservation of Habitats and Species Regulations.