The Abbey Hotel , 11 Church Street , Romsey, SO51 8BT

Main issues, as the Inspector framed them

• Appeal A: whether the proposed development would preserve the setting of the adjacent Grade I listed building, King John's House, and the extent to which the development would preserve or enhance the character or appearance of the Romsey Conservation Area, including trees
• Appeal B: whether the proposed development would preserve the setting of the adjacent Grade I listed building, King John's House, the extent to which the development would preserve or enhance the character or appearance of the Romsey Conservation Area, and the effect of the proposed development on protected sites

What decided it

Appeal A is decided by the removal of the mature Sycamore tree which would cause less than substantial but considerable harm to the conservation area character that cannot be outweighed by limited public benefits; Appeal B is decided by the absence of a satisfactorily executed legal agreement to secure mitigation for impacts on protected sites.

Appeal A: the limited economic benefits and claimed benefit of revealing views of Romsey Abbey were insufficient to outweigh the considerable importance and weight attached to the less than substantial harm to the conservation area from removal of the mature tree; Appeal B: no balancing exercise undertaken as the absence of mitigation measures for protected sites is a threshold matter of compliance.