The Atchen Tan, Netherton road, Hurstbourne Tarrant, SP11 0DN

Main issues, as the Inspector framed them

• whether the appeal site is a suitable location, having regard to the accessibility of the site to day-to-day services and facilities and essential services (water and wastewater disposal)
• the effect of the proposed development on the character and appearance of the area, including the North Wessex Downs Area of Outstanding Natural Beauty (AONB)
• whether the location is suitable for the proposed development, with particular regard to flood risk
• the effect of the proposed development on the amenity value of the common land
• the effect of the proposed development on the integrity of protected habitats sites within The Solent, with particular regard to nutrient neutrality
• whether any harm identified, including conflict with the development plan, would be outweighed by other considerations

What decided it

The significant harm to the AONB's character and appearance and the failure of the flood risk exception test precluded permanent permission, but the absence of any alternative site and the best interests of the resident child justified granting a further temporary permission instead of dismissing the appeal outright.

The significant harm to the suitability of the location, the AONB's character and appearance, and flood risk outweighed the personal circumstances and gypsy/traveller need considerations sufficiently to preclude permanent permission, but a temporary three-year permission struck a proportionate balance between that harm and the appellant's Article 8 rights and the child's best interests.