Barn North of Bury Farm, Bury Road, Pleshey, CM3 1HB

Main issues, as the Inspector framed them

• Whether the proposed developments would affect the integrity of the SPA as a protected European site of nature conservation importance
• The effects of the proposed developments on the character and appearance of the existing building and area, with particular regard to their location in the countryside
• Whether the proposed developments would preserve the settings of the Grade II listed buildings known as: Dovecote or Granary, South Barn and Plesheybury House
• 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 failure to secure the SPA mitigation contribution by binding planning obligation meant the Inspector could not be satisfied beyond reasonable doubt that the developments would not harm the integrity of the protected European site, which was a decisive factor in dismissing both appeals.

The adverse effects on the SPA integrity, harm to character and appearance, and harm to listed building settings were not outweighed by the public benefits of housing supply, economic contribution, energy efficiency, or the fallback Class Q scheme, resulting in dismissal.