The Barn, Braxted Park Road, Tiptree Heath, CO5 0QB

Main issues, as the Inspector framed them

• Whether the proposed development would affect the integrity of the Blackwater Estuary Special Protection Area (SPA) and Ramsar site, and the Dengie SPA and Ramsar site, which are designated European sites of nature conservation importance
• Whether the proposed dwellings would be in an appropriate location for new housing, with particular regard to the Council's settlement strategy and accessibility to local facilities and services
• The effect on the character and appearance of the area
• If there is any harm, whether this is outweighed by other considerations, particularly whether there is a fallback position for an alternative proposed development

What decided it

The adverse effects on the integrity of the designated European sites of nature conservation importance, which provide a clear reason for refusal under Footnote 7 to Paragraph 11.d)i. of the Framework and cannot be outweighed by the fallback position or other material considerations.

The modest benefits to character and appearance and the fallback Class Q scheme were outweighed by the very significant weight of the adverse effects on the integrity of the designated European sites, which provided a clear reason for refusal under the Framework's presumption in favour of sustainable development.